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Road Safety Bill [HL]


Road Safety Bill [HL]

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19      

Exemptions from speed limits

For section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire,

ambulance and police vehicles from speed limits) substitute—

“87     

Exemptions from speed limits

(1)   

No statutory provision imposing a speed limit on motor vehicles shall

5

apply to any vehicle on an occasion when—

(a)   

it is being used for fire and rescue authority purposes or for or

in connection with the exercise of any function of a relevant

authority as defined in section 6 of the Fire (Scotland) Act 2005,

for ambulance purposes or for police or Serious Organised

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Crime Agency purposes,

(b)   

it is being used for other prescribed purposes in such

circumstances as may be prescribed, or

(c)   

it is being used for training persons to drive vehicles for use for

any of the purposes mentioned in paragraph (a) or (b) above,

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if the observance of that provision would be likely to hinder the use of

the vehicle for the purpose for which it is being used on that occasion.

(2)   

Subsection (1) above does not apply unless the vehicle is being driven

by a person who—

(a)   

has satisfactorily completed a course of training in the driving

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of vehicles at high speed provided in accordance with

regulations under this section, or

(b)   

is driving the vehicle as part of such a course.

(3)   

The Secretary of State may by regulations make provision about

courses of training in the driving of vehicles at high speed.

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(4)   

The regulations may include—

(a)   

provision about the nature of courses,

(b)   

provision for the approval by the Secretary of State of persons

providing courses or giving instruction on courses and the

withdrawal of approvals (including provision for appeals

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against refusal and withdrawal of approvals),

(c)   

provision specifying the maximum fees that a person may be

required to pay for a course,

(d)   

provision for the training or assessment, or the supervision of

the training or assessment, of persons providing courses or

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giving instruction on courses,

(e)   

provision for the evidencing of the successful completion of

courses,

(f)   

provision authorising the Secretary of State to make available

information about persons providing courses or giving

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instruction on courses, and

(g)   

provision treating courses of training in the driving of vehicles

at high speed which have been completed before the coming

into force of the regulations as if they had been provided in

accordance with the regulations.

45

(5)   

The regulations may include provision for the charging of reasonable

fees in respect of any function conferred or imposed on the Secretary of

State by the regulations.

 
 

Road Safety Bill [HL]

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(6)   

The regulations may make different provision—

(a)   

for different classes of vehicle,

(b)   

for different descriptions of persons, or

(c)   

otherwise for different circumstances.”

New offences

5

20      

Causing death by careless, or inconsiderate, driving

(1)   

In the Road Traffic Act 1988 (c. 52), after section 2A insert—

“2B     

Causing death by careless, or inconsiderate, driving

   

A person who causes the death of another person by driving a

mechanically propelled vehicle on a road or other public place without

10

due care and attention, or without reasonable consideration for other

persons using the road or place, is guilty of an offence.”

(2)   

In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative

verdicts), in the Table—

(a)   

in the entry relating to section 1 of the Road Traffic Act 1988 (causing

15

death by dangerous driving), in the second column, after “Section 2

(dangerous driving)” insert “Section 2B (causing death by careless, or

inconsiderate, driving)”,

(b)   

after the entry relating to section 2 of that Act insert—

 

“Section 2B (causing

Section 3

 

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death by careless, or

(careless, and

 
 

inconsiderate, driving)

inconsiderate,

 
  

driving)”,

 

(c)   

in the entry relating to section 3A of that Act (causing death by careless

driving when under influence of drink or drugs), in the second column,

25

before “Section 3 (careless, and inconsiderate, driving)” insert “Section

2B (causing death by careless, or inconsiderate, driving)”.

(3)   

In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain

sections apply), after the entry relating to section 2 of the Road Traffic Act 1988

insert—

30

 

“RTA section 2B

Causing death by careless,

Sections 11 and 12(1) of this

 
  

or inconsiderate, driving.

Act.”

 

(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 2 of the Road

Traffic Act 1988 insert—

35

 

“RTA section 2B

Causing death

(a) Summarily.      

(a) The statutory

Obligatory.

Obligatory.

  3-11”

 
  

by careless, or

                                 

maximum.             

    
  

inconsiderate,

                                

                   

    
  

driving.

(b) On indictment.

(b) 5 years or a

    
    

fine or both.

    

40

 
 

Road Safety Bill [HL]

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(5)   

In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13)

(informing coroners)—

(a)   

after “1” insert “, 2B”, and

(b)   

after “dangerous driving” insert “, careless driving”.

(6)   

In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act

5

2003 (c. 32) (offences where notice must be given to authority of State in which

offender is normally resident), after paragraph (b) insert—

“(ba)   

section 2B (causing death by careless, or inconsiderate,

driving),”.

21      

Causing death by driving: unlicensed, disqualified or uninsured drivers

10

(1)   

In the Road Traffic Act 1988 (c. 52), after section 3ZA (inserted by section 30)

insert—

“3ZB    

Causing death by driving: unlicensed, disqualified or uninsured

drivers

   

A person is guilty of an offence under this section if he causes the death

15

of another person by driving a motor vehicle on a road and, at the time

when he is driving, the circumstances are such that he is committing an

offence under—

(a)   

section 87(1) of this Act (driving otherwise than in accordance

with a licence),

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(b)   

section 103(1)(b) of this Act (driving while disqualified), or

(c)   

section 143 of this Act (using motor vehicle while uninsured or

unsecured against third party risks).”

(2)   

In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which

certain sections apply), after the entry relating to section 3 of the Road Traffic

25

Act 1988 insert—

 

“RTA section 3ZB

Causing death by driving:

Sections 11 and 12(1) of this

 
  

unlicensed, disqualified or

Act.”

 
  

uninsured drivers.

  

(3)   

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

30

offences under the Traffic Acts), after the entry relating to section 3 of the Road

Traffic Act 1988 insert—

 

“RTA section 3ZB

Causing death

(a) Summarily.

(a) 12 months (in

Obligatory.

Obligatory.

  3-11”

 
  

by driving:

                                 

England and

    
  

unlicensed,

                                 

Wales) or 6

    

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disqualified or

                                 

months (in

    
  

uninsured

                                 

Scotland) or the

    
  

drivers.

                                 

statutory

    
   

                                 

maximum or both.

    
   

(b) On indictment.

(b) 2 years or a

    

40

    

fine or both.

    

(4)   

In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988

(informing coroners)—

(a)   

before “or 3A” insert “, 3ZB”, and

 
 

Road Safety Bill [HL]

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(b)   

before “or careless” insert “, unlicensed, disqualified or uninsured

drivers”.

(5)   

In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act

2003 (c. 32) (offences where notice must be given to authority of State in which

offender is normally resident), after paragraph (c) insert—

5

“(ca)   

section 3ZB (causing death by driving: unlicensed,

disqualified or uninsured drivers),”.

22      

Offence of keeping vehicle which does not meet insurance requirements

(1)   

In the Road Traffic Act 1988 (c. 52), after section 144 insert—

“144A   

  Offence of keeping vehicle which does not meet insurance

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requirements

(1)   

If a motor vehicle registered under the Vehicle Excise and Registration

Act 1994 does not meet the insurance requirements, the person in

whose name the vehicle is registered is guilty of an offence.

(2)   

For the purposes of this section a vehicle meets the insurance

15

requirements if—

(a)   

it is covered by a such a policy of insurance or such a security in

respect of third party risks as complies with the requirements of

this Part of this Act, and

(b)   

either of the following conditions is satisfied.

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(3)   

The first condition is that the policy or security, or the certificate of

insurance or security which relates to it, identifies the vehicle by its

registration mark as a vehicle which is covered by the policy or

security.

(4)   

The second condition is that the vehicle is covered by the policy or

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security because—

(a)   

the policy or security covers any vehicle, or any vehicle of a

particular description, the owner of which is a person named in

the policy or security or in the certificate of insurance or security

which relates to it, and

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(b)   

the vehicle is owned by that person.

(5)   

For the purposes of this section a vehicle is covered by a policy of

insurance or security if the policy of insurance or security is in force in

relation to the use of the vehicle.

144B    

Exceptions to section 144A offence

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(1)   

A person (“the registered keeper”) in whose name a vehicle which does

not meet the insurance requirements is registered at any particular time

(“the relevant time”) does not commit an offence under section 144A of

this Act at that time if any of the following conditions are satisfied.

(2)   

The first condition is that at the relevant time the vehicle is owned as

40

described—

(a)   

in subsection (1) of section 144 of this Act, or

(b)   

in paragraph (a), (b), (da), (db), (dc) or (g) of subsection (2) of

that section,

 
 

Road Safety Bill [HL]

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(whether or not at the relevant time it is being driven as described in

that provision).

(3)   

The second condition is that at the relevant time the vehicle is owned

with the intention that it should be used as described in paragraph (c),

(d), (e) or (f) of section 144(2) of this Act.

5

(4)   

The third condition is that the registered keeper—

(a)   

is not at the relevant time the person keeping the vehicle, and

(b)   

if previously he was the person keeping the vehicle, he has by

the relevant time complied with any requirements under

subsection (7)(a) below that he is required to have complied

10

with by the relevant or any earlier time.

(5)   

The fourth condition is that—

(a)   

the registered keeper is at the relevant time the person keeping

the vehicle,

(b)   

at the relevant time the vehicle is not used on a road or other

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public place, and

(c)   

the registered keeper has by the relevant time complied with

any requirements under subsection (7)(a) below that he is

required to have complied with by the relevant or any earlier

time.

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(6)   

The fifth condition is that—

(a)   

the vehicle has been stolen before the relevant time,

(b)   

the vehicle has not been recovered by the relevant time, and

(c)   

any requirements under subsection (7)(b) below that, in

connection with the theft, are required to have been complied

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with by the relevant or any earlier time have been complied

with by the relevant time.

(7)   

Regulations may make provision—

(a)   

for the purposes of subsection (4)(b) and (5)(c) above, requiring

a person in whose name a vehicle is registered to furnish such

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particulars and make such declarations as may be prescribed,

and to do so at such times and in such manner as may be

prescribed, and

(b)   

for the purposes of subsection (6)(c) above, as to the persons to

whom, the times at which and the manner in which the theft of

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a vehicle is to be notified.

(8)   

Regulations may make provision amending this section for the purpose

of providing for further exceptions to section 144A of this Act (or

varying or revoking any such further exceptions).

(9)   

A person accused of an offence under section 144A of this Act is not

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entitled to the benefit of an exception conferred by or under this section

unless evidence is adduced that is sufficient to raise an issue with

respect to that exception; but where evidence is so adduced it is for the

prosecution to prove beyond reasonable doubt that the exception does

not apply.

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