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Road Safety Bill [HL]


Road Safety Bill [HL]

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(b)   

otherwise, the clerk of the court;

“relevant local court”, in relation to an alcohol ignition interlock

programme order in the case of an offender, means—

(a)   

in England and Wales, a magistrates’ court acting for the

local justice area in which the offender resides, and

5

(b)   

in Scotland, the sheriff court for the district where the

offender resides or, where the order is made by a

stipendiary magistrate and the offender resides within

his commission area, the district court for that area; and

“supervising court”, in relation to an alcohol ignition interlock

10

programme order, means—

(a)   

in England and Wales, if the Crown Court made the

order the Crown Court and otherwise a magistrates’

court acting for the same local justice area as the court

which made the order, and

15

(b)   

in Scotland, the court which made the order.

(4)   

Any power to make regulations under section 34D, 34E or 34F of this

Act or this section includes power to make different provision for

different cases, and to make such incidental or supplementary

provision as appears to the appropriate national authority to be

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necessary or appropriate.

(5)   

Any power to make regulations under section 34D, 34E or 34F of this

Act or this section shall be exercisable by statutory instrument.

(6)   

A statutory instrument containing regulations made under section 34D,

34E or 34F of this Act by the Secretary of State shall be subject to

25

annulment in pursuance of a resolution of either House of Parliament.

(7)   

No regulations shall be made under this section unless a draft of the

regulations has been laid before, and approved by a resolution of, each

House of Parliament.”

(2)   

In the Road Traffic Offenders Act 1988 (c. 53), after section 41A insert—

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“41B    

Suspension of certificate pending determination of applications

under section 34E

(1)   

Where a person given a certificate under subsection (1) of section 34E

of this Act makes an application to a court under subsection (5) of that

section, the court may suspend the effect of the certificate pending the

35

determination of the application.

(2)   

Where a court exercises its power under subsection (1) above it must

send notice of the suspension to the Secretary of State.

(3)   

The notice must be sent in such manner and to such address and must

contain such particulars, as the Secretary of State may determine.”

40

(3)   

In Schedule 1 to that Act (offences to which certain sections apply)—

(a)   

in paragraph 3, after paragraph (a) insert—

“(aa)   

an offence under section 34D(12) of this Act,”, and

(b)   

in paragraph 4, before paragraph (a) insert—

“(za)   

an offence under section 34D(12) of this Act,”.

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Road Safety Bill [HL]

20

 

(4)   

In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:

offences under the Traffic Acts), after the entry relating to section 27 of that Act

insert—

 

“Section 34D(12)

Interference

Summarily.

Level 4 on the

  

 
 

 of this Act

etc. with

 

standard scale

    

5

  

alcohol

 

if the motor

    
  

ignition

 

vehicle to

    
  

interlock.

 

which the

    
    

alcohol ignition

    
    

interlock is

    

10

    

fitted is a goods

    
    

vehicle or a

    
    

vehicle adapted

    
    

to carry more

    
    

than eight

    

15

    

passengers.      

    
    

Level 3 on the

    
    

standard scale

    
    

in any other

    
    

case.

    

20

15      

Experimental period for section 14

(1)   

Subject as follows, no order shall be made under section 34D of the Road

Traffic Offenders Act 1988 (c. 53) (inserted by section 14) after—

(a)   

the end of 2010, or

(b)   

such later time as may be specified in an order made by the Secretary

25

of State.

(2)   

But at any time before the restriction imposed by subsection (1) has taken

effect, the Secretary of State may by order provide that it shall not do so.

(3)   

In this section “the experimental period” means the period beginning when

section 14 comes into force and ending—

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(a)   

when the restriction imposed by subsection (1) takes effect, or

(b)   

if the Secretary of State makes an order under subsection (2), on a date

specified in the order.

(4)   

During the experimental period—

(a)   

no order shall be made under section 34D by virtue of a person’s

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conviction under section 3A of the Road Traffic Act 1988 (c. 52), and

(b)   

no order shall be made under section 34D except by a magistrates’

court acting for a local justice area (or, in Scotland, a sheriff court for a

district or a stipendiary magistrate for a commission area) which is for

the time being designated for the purposes of this section.

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(5)   

In relation to orders made under section 34D during the experimental period,

section 34E(5) shall have effect with the omission of the references to the

relevant local court.

(6)   

The power to designate an area or district for the purposes of this section is

exercisable by the Secretary of State by order, and includes power to revoke a

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designation previously made.

(7)   

An order under subsection (6) must specify the period for which an area or

district is designated, and may—

(a)   

specify different periods for different areas or districts, and

(b)   

extend or shorten any period previously specified.

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Road Safety Bill [HL]

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(8)   

The power to make an order under subsection (1) is not exercisable after the

end of 2010, and no more than one order may be made under that subsection.

(9)   

Any power of the Secretary of State to make orders under this section is

exercisable by statutory instrument, and—

(a)   

no order is to be made under subsection (1) or (2) unless a draft of it has

5

been laid before, and approved by a resolution of, each House of

Parliament, and

(b)   

any statutory instrument containing an order under subsection (6) is

subject to annulment in pursuance of a resolution of either House of

Parliament.

10

16      

Retro-reflective markings

In the Road Traffic Act 1988 (c. 52), after section 80 (approval marks) insert—

“80A    

Retro-reflective markings

The Secretary of State may by regulations made by statutory

instrument require the fitting of retro-reflective tape complying with

15

ECE 104 to international category vehicles N2 and N3 and on goods

trailers under the international classification 03 and 04 newly registered

in the United Kingdom.”

Speeding

17      

Penalty points

20

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), in

column (7) (penalty points)—

(a)   

for the entry relating to section 17(4) of the Road Traffic Regulation Act

1984 (c. 27) (traffic regulation on special roads), substitute “2-6 or

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appropriate penalty points (fixed penalty) if committed in respect of a

speed limit, 3 in any other case”, and

(b)   

for the entry relating to section 89(1) of that Act (speeding offences

other than those on special roads), substitute “2-6 or appropriate

penalty points (fixed penalty)”.

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18      

Speed assessment equipment detection devices

(1)   

In section 41 of the Road Traffic Act 1988 (regulation of construction, weight,

equipment and use of vehicles)—

(a)   

in subsection (2), at the end insert—

“(m)   

speed assessment equipment detection devices.”, and

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(b)   

in subsection (7), at the end insert—

““speed assessment equipment detection device” means a

device the purpose, or one of the purposes, of which is

to detect, or interfere with the operation of, equipment

used to assess the speed of motor vehicles.”

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(2)   

After section 41B of that Act (breach of requirement as to weight: goods and

 
 

Road Safety Bill [HL]

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passenger vehicles) insert—

“41C    

Breach of requirement as to speed assessment equipment detection

devices

   

A person who—

(a)   

contravenes or fails to comply with a construction or use

5

requirement as to speed assessment equipment detection

devices, or

(b)   

uses on a road a motor vehicle or trailer which does not comply

with such a requirement, or causes or permits a motor vehicle

or trailer to be so used,

10

   

is guilty of an offence.”

(3)   

In section 42(a) of that Act (breach of other construction and use requirements),

for “or 41B(1)(a)” substitute “, 41B(1)(a), 41C(a)”.

(4)   

In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation),

at the appropriate place insert—

15

““special road” in England and Wales has the same meaning as in

the Highways Act 1980 and in Scotland has the same meaning

as in the Roads (Scotland) Act 1984,”.

(5)   

In Schedule 1 to that Act (offences to which certain sections apply), after the

entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert—

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“RTA section 41C

Breach of requirement as to

Sections 11 and 12(1) of this

 
  

speed assessment

Act.”

 
  

equipment detection device.

  

(6)   

In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:

offences under the Traffic Acts), after the entry relating to section 41B of the

25

Road Traffic Act 1988 insert—

 

“RTA section 41C

Breach of

Summarily.

(a) Level 4

Discretionary.

Obligatory.

3-6 or 3

 
  

requirement as

 

on the

  

(fixed

 
  

to speed

 

standard

  

penalty).”

 
  

assessment

 

scale if

    

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equipment 

 

committed

    
  

detection

 

on a special

    
  

devices.

 

road.

    
    

(b) Level 3

    
    

on the

    

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standard

    
    

scale in any

    
    

other case.

    

(7)   

In Schedule 3 to that Act (fixed penalty offences), after the entry relating to

section 41B of the Road Traffic Act 1988 insert—

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“RTA section 41C

Breach of requirement as

 
  

to speed assessment

 
  

equipment detection

 
  

devices.”

 
 
 

 
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