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make
it an offence to cause death or serious injury by careless driving;
to make |
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further provision about badges
for display on motor vehicles used by disabled |
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persons; to make provision
about the safety of school transport; and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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Causing death or serious
injury by careless driving |
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1 |
Causing
death or serious injury by careless driving |
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(1) |
The Road
Traffic Act 1988 (c. 52) is amended in accordance
with subsection (2). |
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(2) |
After section 3A of that
Act (causing death by careless driving when under |
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influence of drink or drugs),
insert— |
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“3B |
Causing
death or serious injury by negligent driving |
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(1) |
A person who causes the
death of or serious injury to another person |
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by
driving a mechanically propelled vehicle on a road or other place
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without
due care and attention, or without reasonable consideration for
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other
persons using the road or place, is guilty of an offence. |
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(2) |
A person is to be regarded
as suffering serious injury for the purposes |
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of
this section if he suffers injury that is life-changing or life-threatening
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(3) |
The Road
Traffic Offenders Act 1988 (c. 53) is amended in accordance
with |
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(4) |
In Part 1 of Schedule 2
to that Act (prosecution and punishment of offences |
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under the Traffic Acts),
in the Table, after the entry relating to section 2 of the |
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Road Traffic Act 1988, insert— |
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Administration of the blue
badge scheme |
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2 |
Badges
for display on motor vehicles used by disabled persons |
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(1) |
The Chronically
Sick and Disabled Persons Act 1970 (c. 44) is amended
as |
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(2) |
In section 21 (badges for
display on motor vehicles used by disabled |
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(a) |
in subsection (1), leave
out “local authorities” and insert “an issuing
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authority to be prescribed
by the Secretary of State”; |
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(b) |
in subsection (5), leave
out “A local authority” and insert “The issuing
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(c) |
in subsection (7)(a), leave
out “authorities” and insert “the issuing |
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(d) |
in subsection (7A)(a), leave
out “a local authority” and insert “the |
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(e) |
in subsection (7C), leave
out “local” and insert “issuing”; and |
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(f) |
in subsection (8), the words
from the second word “the” to the first |
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word “and” shall
cease to have effect. |
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(3) |
After section 21, insert— |
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“21ZA |
Issuing authority: further provisions |
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(1) |
In exercising his power
to prescribe an issuing authority under section |
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21(1),
the Secretary of State shall have regard to the desirability of— |
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(a) |
securing the uniform administration
of the matters with which |
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section
21 is concerned throughout England and Wales, |
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(b) |
maintaining a national database
of relevant information about |
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persons
who have been issued with or refused badges in the |
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exercise
of powers of the issuing authority under that section. |
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(2) |
If the Secretary of State
is prescribed as the issuing authority under |
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section
21(1), it shall be the duty of the Secretary of State to secure
fresh |
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consideration
of any appeal under subsection (7C) of that section. |
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(3) |
In this section ‘relevant
information’ means— |
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(a) |
a person’s full name; |
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(b) |
other names by which he is
or has been known; |
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40 |
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(e) |
the address of his principal
place of residence in the United |
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(f) |
the
address of every other place in the United Kingdom where |
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he
has a place of residence.” |
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Safety of school transport |
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3 |
Seat
belts and anchorage points for vehicles used for organised trips
for |
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5 |
(1) |
Regulation 48A of the Road
Vehicles (Construction and Use) Regulations 1986 |
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(S.I. 1986/1078) (requirement
for seat belts and anchorage points for vehicles |
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used for organised trips
for children) is amended as follows. |
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(2) |
For paragraph (5) substitute— |
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“(5) |
Without prejudice
to the meaning of paragraph (2)(b), paragraph (1) |
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shall
not apply to a vehicle if— |
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(a) |
it is being used
in the provision of a bus service of a |
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description
specified in paragraph 2 of the Schedule to the |
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Fuel
Duty Grant (Eligible Bus Services) Regulations 1985, or |
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(b) |
it is otherwise
being used wholly or mainly for the purpose |
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of
providing a transport service for the general public, and |
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(c) |
paragraph 5A does
not apply. |
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(5A) |
This paragraph
applies if the vehicle is being used to carry a group |
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of
children to or from their school or from one part of their school
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Miscellaneous and final
provisions |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred by Secretary of State in consequence of this
Act, and |
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(b) |
any
increase attributable to this Act in the sums payable out of money
so |
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provided
under any other Act. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Road Safety and Parking Act 2005. |
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(2) |
Sections 1
and 3
shall come into force at the end of a period of two months |
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beginning with the day on
which this Act is passed. |
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(3) |
Section 2
shall come into force on such date as the Secretary of State may
by |
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order made by statutory instrument
determine. |
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(4) |
Section 1
does not extend to Northern Ireland. |
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(5) |
Sections 2
and 3
extend to England and Wales only. |
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