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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(c)
where subsection (10) above applies, so much of the amount of
the payment as exceeds the amount of the fine,

together with interest calculated in accordance with provision made by
order made by the Treasury.
90D
Prohibition on driving on failure to make payment
5
(1)
This section applies where a person on whom a financial penalty
deposit requirement is imposed does not make an immediate payment
of the appropriate amount in accordance with section 90B(1) of this Act
(and any order made under it).
(2)
The constable or vehicle examiner by whom the requirement was
10
imposed may prohibit the driving on a road of any vehicle of which the
person was in charge at the time of the offence by giving to the person
notice in writing of the prohibition.
(3)
The prohibition—
(a)
shall come into force as soon as the notice is given, and
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(b)
shall continue in force until the happening of whichever of the
events in subsection (4) below occurs first.
(4)
Those events are—
(a)
the person making a payment of the appropriate amount in
accordance with section 90B(1) of this Act (and any order made
20
under it) at any time during the relevant period,
(b)
(where a fixed penalty notice was given, or a conditional offer
handed, to the person in respect of the offence) payment of the
fixed penalty,
(c)
the person being convicted or acquitted of the offence,
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(d)
the person being informed that he is not to be prosecuted for the
offence, and
(e)
the coming to an end of the prosecution period.
(5)
A constable or vehicle examiner may by direction in writing require the
person to remove the vehicle to which the prohibition relates (and, if it
30
is a motor vehicle drawing a trailer, also to remove the trailer) to such
place and subject to such conditions as are specified in the direction;
and the prohibition does not apply to the removal of the vehicle (or
trailer) in accordance with the direction.
(6)
A person who—
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(a)
drives a vehicle in contravention of a prohibition under this
section,
(b)
causes or permits a vehicle to be driven in contravention of such
a prohibition, or
(c)
fails to comply within a reasonable time with a direction under
40
subsection (5) above,

is guilty of an offence.
(7)
The Secretary of State may by order provide for exceptions from
subsection (6) above.

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90E
Orders about financial penalty deposits
(1)
Any power conferred by section 90A, 90B, 90C or 90D of this Act on the
Secretary of State or the Treasury to make an order shall be exercisable
by statutory instrument.
(2)
Before making an order under any of those sections the Secretary of
5
State or the Treasury must consult with such representative
organisations as appear appropriate.
(3)
An order under any of those sections may make different provision for
different cases.
(4)
No order shall be made under section 90B(2) of this Act unless a draft
10
of the instrument containing it has been laid before, and approved by a
resolution of, each House of Parliament.
(5)
A statutory instrument containing an order under section 90A, 90B(1),
90C or 90D of this Act shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
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90F
Financial penalty deposits: interpretation
In sections 90A to 90D of this Act—
“the appropriate amount” has the meaning given by section 90B(2)
of this Act,
“the appropriate refund” has the meaning given by section
20
90C(12) of this Act,
“conditional offer” means a notice under section 75(3)(a) of this
Act,
“financial penalty deposit requirement” has the meaning given by
section 90B(1) of this Act,
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“fixed penalty notice” has the meaning given by section 52 of this
Act,
“fixed penalty offence” is to be construed in accordance with
section 51 of this Act,
“the prosecution period” has the meaning given by section 90C(8)
30
of this Act,
“the relevant period” has the meaning given by section 90B(3) of
this Act,
“suspended enforcement period” is to be construed in accordance
with section 52(3)(a) of this Act, and
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“vehicle examiner” means an examiner appointed under section
66A of the Road Traffic Act 1988.”
(2)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts),
after the entry relating to section 67 of that Act insert—
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“Section 90D(6)
Driving, etc.,
Summarily.
Level 5 on

            ”

of this Act
vehicle in

the standard

contravention of

scale.

prohibition for

failure to pay

45

financial penalty

deposit, etc.

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Drink-driving etc.
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High risk offenders: medical enquiries following disqualification
(1)
In section 88 of the Road Traffic Act 1988 (c. 52) (exceptions to requirement to
hold driving licence), after subsection (2) insert—
“(2A)
Subsection (1) above does not apply by virtue of an application
5
mentioned in paragraph (b) of that subsection having been received by
the Secretary of State if—
(a)
the application was made as a result of, or in anticipation of, the
expiry of a disqualification relevant to the licence applied for,
(b)
either the nature of the disqualification or its imposition within
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a particular period after an earlier disqualification amounted to
circumstances prescribed under subsection (4) of section 94 of
this Act (disqualification: high risk offenders), and
(c)
the Secretary of State has notified the applicant that, because of
that, he will be subject to a requirement under paragraph (a) or
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(b) of subsection (5) of that section.”
(2)
The amendment made by subsection (1) does not apply where the conviction
in respect of which the disqualification was ordered was imposed before the
coming into force of that subsection.
13
Period of endorsement for failure to allow specimen to be tested
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In section 45(7) of the Road Traffic Offenders Act 1988 (c. 53) (effect of
endorsement: period for which effective), after paragraph (b) insert “or
(c)
under section 7A(6) of that Act (failing to allow a specimen to be
subjected to laboratory test),”.
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Alcohol ignition interlocks
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(1)
In the Road Traffic Offenders Act 1988, after section 34C insert—
“34D
Reduced disqualification period: alcohol ignition interlock
programme orders
(1)
This section applies where—
(a)
a person is convicted of a relevant drink offence by or before a
30
court,
(b)
he has committed another relevant drink offence at any time
during the period of ten years ending with the date of the
conviction,
(c)
the court makes an order under section 34 of this Act but does
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not make an order under section 34A of this Act, and
(d)
the period stated by the court as that for which, apart from this
section, he would be disqualified (“the unreduced period”) is
not less than two years.
(2)
In this section “relevant drink offence” means—
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(a)
an offence under paragraph (a) of subsection (1) of section 3A of
the Road Traffic Act 1988 (causing death by careless driving
when unfit to drive through drink) committed when unfit to
drive through drink,

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(b)
an offence under paragraph (b) of that subsection (causing
death by careless driving with excess alcohol),
(c)
an offence under paragraph (c) of that subsection (failing to
provide a specimen) where the specimen is required in
connection with drink or consumption of alcohol,
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(d)
an offence under section 4 of that Act (driving or being in charge
when under influence of drink) committed by reason of
unfitness through drink,
(e)
an offence under section 5(1) of that Act (driving or being in
charge with excess alcohol),
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(f)
an offence under section 7(6) of that Act (failing to provide a
specimen) committed in the course of an investigation into an
offence within any of the preceding paragraphs, or
(g)
an offence under section 7A(6) of that Act (failing to allow a
specimen to be subjected to a laboratory test) in the course of an
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investigation into an offence within any of the preceding
paragraphs.
(3)
Where this section applies, the court may specify a lesser period of
disqualification (“the reduced period”) if it also makes an order (an
“alcohol ignition interlock programme order”) requiring the offender to
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comply with the alcohol ignition interlock conditions.
(4)
The difference between the unreduced period and the reduced period
shall be a period specified in the order of—
(a)
not less than 12 months, and
(b)
not more than one half of the unreduced period.
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(5)
If the offender contravenes the alcohol ignition interlock conditions, a
further order under section 34 disqualifying him for the rest of the
unreduced period is to be treated as having been made by the court
immediately before the contravention.
(6)
“The alcohol ignition interlock conditions” are that the offender—
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(a)
must participate fully in an approved alcohol ignition interlock
programme specified in the order during such part of the
unreduced period as is so specified, and
(b)
during the part of that period following the reduced period,
must not drive a motor vehicle unless it is fitted with an alcohol
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ignition interlock in good working order and must not drive a
motor vehicle which is so fitted when not using the alcohol
ignition interlock properly.
(7)
A court shall not make an alcohol ignition interlock programme order
in the case of an offender unless—
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(a)
the court is satisfied that a place on the approved alcohol
ignition interlock programme specified in the order will be
available for the offender,
(b)
the offender appears to the court to be of or over the age of 17,
(c)
the court has informed the offender (orally or in writing and in
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ordinary language) of the effect of the order and the amount of
the fees which he is required to pay for the programme and
when he must pay them, and
(d)
the offender has agreed that the order should be made.

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(8)
For the purposes of this section an “approved alcohol ignition interlock
programme” is a programme approved by the appropriate national
authority and involving the provision of an alcohol ignition interlock
for use by the offender, training in its use and other education and
counselling relating to the consumption of alcohol and driving.
5
(9)
For the purposes of this section “alcohol ignition interlock” means a
device—
(a)
of a type approved by the Secretary of State, and
(b)
designed to be fitted to a motor vehicle with the purpose of
preventing the driving of the vehicle by a person who does not,
10
both before starting driving the vehicle and at regular intervals
while driving it, provide specimens of breath in which the
proportion of alcohol is likely not to exceed the limit specified
in subsection (10) below.
(10)
That limit is 9 microgrammes of alcohol in 100 millilitres of breath or
15
such other proportion of alcohol to breath as the Secretary of State may
by regulations prescribe.
(11)
For the purposes of this section an offender uses an alcohol ignition
interlock properly if (and only if) he is complying with all the
instructions given to him about its use as part of the approved alcohol
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ignition interlock programme.
(12)
Where an alcohol ignition interlock is fitted to a motor vehicle as part
of an approved alcohol ignition interlock programme relating to an
offender, a person commits an offence if—
(a)
he interferes with the alcohol ignition interlock with intent to
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cause it not to function or not to function properly, or
(b)
he is a person other than the offender and provides or attempts
to provide a specimen of breath for the purposes of the alcohol
ignition interlock with intent to enable the driving (or
continued driving) of the vehicle by the offender.
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34E
Certificates of failing fully to participate
(1)
An offender shall be regarded for the purposes of section 34D of this
Act as not fully participating in an approved alcohol ignition interlock
programme if (and only if) a certificate that that is so is received by the
proper officer of the supervising court.
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(2)
A certificate under subsection (1) above may be given if (and only if) the
offender has failed—
(a)
to make due payment of fees for the programme,
(b)
to attend for training, education or counselling forming part of
the programme in accordance with the programme provider’s
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reasonable instructions,
(c)
to attend at a place specified by the programme provider for the
monitoring and maintenance of the alcohol ignition interlock, at
a time specified by the programme provider or a person with
whom the programme provider has made arrangements for its
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monitoring and maintenance, or
(d)
to comply with any other reasonable requirement of the
programme provider.

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(3)
A certificate under subsection (1) above is to be given by the
programme provider and shall be in such form, and contain such
particulars, as may be prescribed by, or determined in accordance with,
regulations made by the appropriate national authority.
(4)
Where a programme provider decides to give a certificate under
5
subsection (1) above, he shall give written notice of the decision to the
offender as soon as possible.
(5)
An offender to whom a notice is given under subsection (4) above may,
within such period as may be prescribed by rules of court, apply to the
supervising court, or (if the supervising court is not the Crown Court,
10
the High Court of Justiciary or the relevant local court) to either the
supervising court or the relevant local court, for a declaration that the
programme provider has given the certificate under subsection (1)
above in contravention of subsection (2) above.
(6)
If the court grants the application, section 34D of this Act shall have
15
effect as if the certificate had not been duly received by the proper
officer of the supervising court.
(7)
A notice under subsection (4) above shall specify the ground on which
it is given; and the appropriate national authority may by regulations
make provision as to the form of notices under that subsection and as
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to the circumstances in which they are to be treated as given.
(8)
Where the proper office of a court receives a certificate under
subsection (1) above, or a court grants an application under subsection
(5) above, the proper officer or court must send notice of that fact to the
Secretary of State; and the notice must be sent in such manner and to
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such address, and must contain such particulars, as the Secretary of
State may determine.
34F
Approval of programmes
(1)
If an application is made to the appropriate national authority for the
approval of a programme for the purposes of section 34D of this Act,
30
the appropriate national authority must decide whether to grant or
refuse the application.
(2)
In reaching that decision the appropriate national authority must have
regard to—
(a)
the nature of the programme, and
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(b)
whether the programme provider is an appropriate person to
provide the programme and administer its provision efficiently
and effectively,

and may take into account any recommendations made by any persons
appointed to consider the application.
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(3)
A programme may be approved subject to conditions specified by the
appropriate national authority.
(4)
An approval of a programme is for the period specified by the
appropriate national authority (which must not exceed seven years),
subject to withdrawal of approval.
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(5)
Regulations made by the appropriate national authority may make
provision in relation to the approval of programmes and may, in
particular, include provision—
(a)
in relation to the making of applications for approval,
(b)
for the payment in respect of applications for approval, or of
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approvals, (or of both) of fees of such amounts as are prescribed
by the regulations,
(c)
specifying the maximum fees that a person may be required to
pay for a programme and by when they are to be paid,
(d)
for the monitoring of programmes and programme providers,
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(e)
in relation to withdrawing approval,
(f)
for an appeal to lie to the Transport Tribunal against a refusal of
an application for approval, the imposition of conditions on the
grant of such an application or the withdrawal of approval, and
(g)
authorising the appropriate national authority to make
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available (with or without charge) information about
programmes and programme providers.
34G
Provisions supplementary to sections 34D to 34F
(1)
The appropriate national authority may issue guidance to programme
providers, or to any category of programme provider, as to the conduct
20
of programmes approved for the purposes of section 34D of this Act;
and—
(a)
programme providers shall have regard to any guidance given
to them under this subsection, and
(b)
in determining for the purposes of section 34E of this Act
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whether any instructions or requirements of a programme
provider were reasonable, a court shall have regard to any
guidance given to him under this subsection.
(2)
The Secretary of State may by regulations make provision—
(a)
amending section 34D(1)(b) of this Act by substituting for the
30
period for the time being specified there a different period,
(b)
amending section 34D(1)(d) of this Act by substituting for the
period for the time being specified there a different period, or
(c)
amending section 34D(4) of this Act by substituting for the
period for the time being specified there a different period, or by
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substituting for the fraction of the unreduced period for the
time being specified there a different fraction of that period, (or
by doing both).
(3)
In sections 34D to 34F of this Act and this section—
“appropriate national authority” means (as respects Wales) the
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National Assembly for Wales and (otherwise) the Secretary of
State;
“contravention” includes failure to comply;
“programme provider”, in relation to an alcohol ignition interlock
programme, means the person by whom it is, or is to be,
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provided;
“proper officer” means—
(a)
in relation to a magistrates’ court in England and Wales,
the designated officer for the court, and