Road Safety Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Road Safety Bill [HL]

Road Safety Bill [HL]
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[NOTE: The words in bold type were inserted by the Lords to avoid questions of
privilege.]
A
Bill
To
make provision about road traffic, registration plates, vehicle and driver
information, trunk road picnic areas and private hire vehicles.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Grants towards costs of road safety measures
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Road safety grants
For section 40 of the Road Traffic Act 1988 (c. 52) (power to subsidise
promotion of road safety by bodies other than local authorities) substitute—
“40
Road safety grants
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(1)
A national transport authority may make payments to any local
authority or any other authority or body for meeting the whole or part
of the capital or running costs of any measures for promoting road
safety.
(2)
A “national transport authority” means—
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(a)
the Secretary of State acting with the approval of the Treasury,
or
(b)
the National Assembly for Wales.”
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Application of surplus income from safety camera enforcement
In section 38 of the Vehicles (Crime) Act 2001 (c. 3) (unified power for Secretary
15
of State to fund speed cameras etc.), after subsection (5) insert—
“(6)
The relevant national authority may make regulations to permit in
specified circumstances income from the enforcement of offences
under subsection (2), over and above such income as is required to
cover expenditure on the operation of a safety camera scheme, to be
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used in connection with the provision by the relevant local transport

Bill 113 54/1

Road Safety Bill [HL]
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authority of local transport facilities or related environmental
improvements, including road safety measures.”
Fixed penalties
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Graduated fixed penalties
(1)
The Road Traffic Offenders Act 1988 (c. 53) is amended as follows.
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(2)
In section 53 (amount of fixed penalty), for subsections (2) and (3) substitute—
“(2)
Any order made under subsection (1)(a) above in relation to an offence
may make provision for the fixed penalty for the offence to be different
depending on the circumstances, including (in particular)—
(a)
the nature of the contravention or failure constituting the
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offence,
(b)
how serious it is,
(c)
the area, or sort of place, where it takes place, and
(d)
whether the offender appears to have committed any offence or
offences of a description specified in the order during a period
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so specified.”
(3)
In section 84(2) (regulations about surcharge notices), for paragraphs (b) and
(c) substitute “and
(b)
the amount of the penalty stated in the offer is less than the fixed
penalty applicable in the circumstances,”.
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4
Graduated fixed penalty points
(1)
Section 28 of the Road Traffic Offenders Act 1988 (penalty points to be
attributed to an offence) is amended as follows.
(2)
For subsection (3) substitute—
“(3)
For the purposes of sections 57(5) and 77(5) of this Act, the number of
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penalty points to be attributed to an offence is—
(a)
where both a range of numbers and a number followed by the
words “(fixed penalty)” is shown in the last column of Part 1 of
Schedule 2 to this Act in relation to the offence, that number,
(b)
where a range of numbers followed by the words “or
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appropriate penalty points (fixed penalty)” is shown there in
relation to the offence, the appropriate number of penalty
points for the offence, and
(c)
where only a range of numbers is shown there in relation to the
offence, the lowest number in the range.
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(3A)
For the purposes of subsection (3)(b) above the appropriate number of
penalty points for an offence is such number of penalty points as the
Secretary of State may by order made by statutory instrument
prescribe.
(3B)
An order made under subsection (3A) above in relation to an offence
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may make provision for the appropriate number of penalty points for
the offence to be different depending on the circumstances, including
(in particular)—

Road Safety Bill [HL]
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(a)
the nature of the contravention or failure constituting the
offence,
(b)
how serious it is,
(c)
the area, or sort of place, where it takes place, and
(d)
whether the offender appears to have committed any offence or
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offences of a description specified in the order during a period
so specified.”
(3)
In subsection (7), in paragraph (b), after “penalty)” insert “or the words “or
appropriate penalty points (fixed penalty)””.
(4)
Before the word “and” at the end of that paragraph insert—
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“(ba)
substitute the words “or appropriate penalty points (fixed
penalty)” for a number together with the words “(fixed
penalty)”, or substitute a number together with the words
“(fixed penalty)” for the words “or appropriate penalty points
(fixed penalty)”, in relation to an offence in the last column of
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Part 1 or 2,”.
(5)
After subsection (8) insert—
“(8A)
Before making any order under subsection (3A) above the Secretary of
State must consult with such representative organisations as he thinks
fit.”
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(6)
In subsection (9), for “subsection (7) above” substitute “this section”.
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Giving of fixed penalty notices by vehicle examiners
Schedule 1 contains provision about the giving of fixed penalty notices by
vehicle examiners and connected matters.
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Goods vehicles operator licensing
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(1)
The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as
follows.
(2)
In subsection (1) of section 9 (duty of applicant for operator’s licence to notify
traffic commissioner of notifiable conviction subsequent to making of
application), insert at the end “or there is issued a notifiable fixed penalty
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notice within the meaning given in paragraph 7 of that Schedule.”
(3)
In subsection (3)(b) of that section (offence of failing to notify conviction of
transport manager), insert at the end “or the issue to the transport manager of
a fixed penalty notice or conditional offer under Part 3 of the Road Traffic
Offenders Act 1988 in respect of such an offence.”
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(4)
In subsection (1) of section 26 (revocation, suspension and curtailment of
operators’ licences), after paragraph (c) insert—
“(ca)
that during those five years a fixed penalty notice or conditional
offer has been issued under Part 3 of the Road Traffic Offenders
Act 1988 to the licence-holder in respect of an offence within
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sub-paragraph (i) of paragraph (c) or to a servant or agent of the
licence-holder in respect of an offence within sub-paragraph (ii)
of that paragraph;”.

Road Safety Bill [HL]
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(5)
In paragraph (d) of that subsection, insert at the end “or an issue of a fixed
penalty notice or conditional offer under Part 3 of the Road Traffic Offenders
Act 1988 to the licence-holder or a servant or agent of his in respect of such an
offence;”.
(6)
In paragraph 1 of Schedule 2 (information about, and convictions of, applicants
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for and holders of operators’ licences), after paragraph (f) insert—
“(fa)
particulars of any notifiable fixed penalty notices which have
been issued during those five years;”.
(7)
After paragraph 6 of that Schedule insert—
““Notifiable fixed penalty notices”
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7
In paragraph 1(fa) “notifiable fixed penalty notice” means any fixed
penalty notice or conditional offer under Part 3 of the Road Traffic
Offenders Act 1988—
(a)
issued to a relevant person in respect of an offence such as is
mentioned in paragraph 5, or
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(b)
issued to a servant or agent of a relevant person in respect of
an offence within paragraph 4(b).”
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Public passenger vehicle licensing
(1)
The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows.
(2)
In section 19 (duty of applicant for PSV operator’s licence to inform traffic
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commissioners of relevant convictions etc.), after subsection (2) insert—
“(2A)
For the purposes of subsections (1) and (2) above the issue to a person
of a fixed penalty notice or conditional offer under Part 3 of the Road
Traffic Offenders Act 1988 in respect of an offence prescribed for the
purposes of this Act is to be treated as if it were a relevant conviction of
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him.”
(3)
In sub-paragraph (1) of paragraph 1 of Schedule 3 (supplementary provisions
as to qualifications for PSV operator’s licence), before the word “and” at the
end of paragraph (a) insert—
“(aa)
relevant fixed penalty notices issued to him and to his
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employees and agents;”.
(4)
In sub-paragraph (2) of that paragraph, before the word “and” at the end of
paragraph (a) insert—
“(aa)
relevant fixed penalty notices issued to the company’s
officers, employees and agents;”.
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(5)
After that sub-paragraph insert—
   “(2A)
In sub-paragraphs (1)(aa) and (2)(aa) above “relevant fixed penalty
notice” means a fixed penalty notice or conditional offer issued
under Part 3 of the Road Traffic Offenders Act 1988 in respect of an
offence prescribed for the purposes of this Act.”
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