Road Safety Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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
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(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
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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
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(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
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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
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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.”
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(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]
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(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.

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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
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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
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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.
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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
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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
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Penalty points
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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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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
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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,
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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—
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““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
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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

35

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.”