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]
28

144C
Fixed penalty notices
(1)
Where on any occasion the Secretary of State has reason to believe that
a person has committed an offence under section 144A of this Act, the
Secretary of State may give the person a notice offering him the
opportunity of discharging any liability to conviction for that offence
5
by payment of a fixed penalty to the Secretary of State.
(2)
Where a person is given a notice under this section in respect of an
offence under section 144A of this Act—
(a)
no proceedings may be instituted for that offence before the end
of the period of 21 days following the date of the notice, and
10
(b)
he may not be convicted of that offence if he pays the fixed
penalty before the end of that period.
(3)
A notice under this section must give such particulars of the
circumstances alleged to constitute the offence as are necessary for
giving reasonable information of the offence.
15
(4)
A notice under this section must also state—
(a)
the period during which, by virtue of subsection (2) above,
proceedings will not be taken for the offence,
(b)
the amount of the fixed penalty, and
(c)
the person to whom and the address at which the fixed penalty
20
may be paid.
(5)
Without prejudice to payment by any other method, payment of the
fixed penalty may be made by pre-paying and posting a letter
containing the amount of the penalty (in cash or otherwise) to the
person mentioned in subsection (4)(c) above at the address so
25
mentioned.
(6)
Where a letter is sent in accordance with subsection (5) above payment
is to be regarded as having been made at the time at which that letter
would be delivered in the ordinary course of post.
(7)
Regulations may make provision as to any matter incidental to the
30
operation of this section, and in particular—
(a)
as to the form of a notice under this section,
(b)
as to the information to be provided in such a notice by virtue
of this section, and
(c)
as to any further information to be provided in a such notice.
35
(8)
The fixed penalty payable under this section is, subject to subsection (9)
below, £100.
(9)
Regulations may substitute a different amount for the amount for the
time being specified in subsection (8) above.
(10)
Regulations may make provision for treating a fixed penalty payable
40
under this section as having been paid if a lesser amount is paid before
the end of a prescribed period.
(11)
In any proceedings a certificate which—
(a)
purports to be signed by or on behalf of the Secretary of State,
and
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Road Safety Bill [HL]
29

(b)
states that payment of a fixed penalty was or was not received
by a date specified in the certificate,

is evidence of the facts stated.
144D
Section 144A offence: supplementary
(1)
Schedule 2A makes provision about the immobilisation of vehicles as
5
regards which it appears that an offence under section 144A of this Act
is being committed and about their removal and disposal.
(2)
A person authorised by the Secretary of State for the purposes of this
subsection may on behalf of the Secretary of State conduct and appear
in any proceedings by or against the Secretary of State in connection
10
with the enforcement of an offence under section 144A of this Act or
under regulations made under section 160 of this Act by virtue of
Schedule 2A to this Act—
(a)
in England and Wales, in a magistrates’ court, and
(b)
in Scotland, in any court other than the High Court of Justiciary
15
or the Court of Session.”
(2)
Before section 160 of the Road Traffic Act 1988 (c. 52) insert—
“159A
  Disclosure of information
(1)
Regulations may make provision for and in connection with requiring
MIIC to make information available to any prescribed person for the
20
purposes of the exercise of any of that person’s functions in connection
with the enforcement of an offence under this Part of this Act or under
regulations made under section 160 of this Act.
(2)
In this section—
“MIIC” means the Motor Insurers’ Information Centre (a company
25
limited by guarantee and incorporated under the Companies
Act 1985 on 8th December 1998), and
“information” means information held in any form.”
(3)
After Schedule 2 to that Act insert the Schedule 2A set out in Schedule 4 to this
Act.
30
(4)
In section 91(a) of the Road Traffic Offenders Act 1988 (c. 53) (penalty for
breach of regulations: application to regulations under Road Traffic Act 1988)
after “132” insert “or under section 160 by virtue of Schedule 2A”.
(5)
In Schedule 1 to that Act (offences to which certain sections apply), after the
entry relating to section 143 of the Road Traffic Act 1988 insert—
35

“RTA section 144A
Keeping vehicle which does
Sections 6, 11 and 12(1) of

not meet insurance
this Act.”

requirements.

(6)
Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:
offences under the Traffic Acts) is amended as follows.
40
(7)
After the entry relating to section 143 of the Road Traffic Act 1988 insert—

Road Safety Bill [HL]
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“RTA section
Keeping vehicle
Summarily.
Level 3 on the

”

144A
which does not

standard scale.

meet insurance

requirements.

(8)
After the entry relating to section 154 of the Road Traffic Act 1988 (c. 52)
5
insert—

“Regulations
Contravention of
Summarily.
Level 2 on the

under RTA
provision of

standard scale.

section 160 made
regulations

by virtue of
(which is declared

10

paragraph 2(1) of
by regulations to

Schedule 2A
be an offence)

prohibiting

removal of or

interference with

15

immobilisation

notice.

Regulations
Contravention of
Summarily.
Level 3 on the

under RTA
provision of

standard scale.

section 160 made
regulations

20

by virtue of
(which is declared

paragraph 2(2) of
by regulations to

Schedule 2A
be an offence)

prohibiting

removal  or

25

attempted

removal of

immobilisation

device.

Regulations
Contravention of
Summarily.
Level 3 on the

30

under RTA
provision of

standard scale.

section 160 made
regulations

by virtue of
(which is declared

paragraph 2(3) of
by regulations to

Schedule 2A
be an offence)

35

about display of

disabled person’s

badge.

Regulations
Contravention of
(a) Summarily.
(a) The statutory

under RTA
provision of

maximum.

40

section 160 made
regulations
(b) On
(b) 2 years or a

by virtue of
(which is declared
indictment.
fine or both.

paragraph 2(4) of
by regulations to

Schedule 2A
be an offence)

prohibiting

45

making of false or

misleading

declaration to

secure release of

vehicle from

50

immobilisation

device.

Regulations
Contravention of
(a) Summarily.
(a) The statutory

”

under RTA
provision of

maximum.

section 160 made
regulations
(b) On
(b) 2 years or a

55

by virtue of
(which is declared
indictment.
fine or both.

paragraph 4 of
by regulations to

Schedule 2A
be an offence)

prohibiting

making of false or

60

misleading

declaration to

secure possession

of vehicle in

person’s custody.

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Increases in penalties
23
Careless, and inconsiderate, driving
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
the entry relating to section 3 of the Road Traffic Act 1988 (c. 52) (careless, and
5
inconsiderate, driving), in column (4) (punishment), for “Level 4” substitute
“Level 5”.
24
Breach of requirements relating to children and seat belts
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), in the entry relating
10
to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in
contravention of requirements relating to seat belts where children in rear
seat), in column (4) (punishment), for “Level 1” substitute “Level 2”.
25
Using vehicle in dangerous condition etc.
(1)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
15
punishment of offences: offences under the Traffic Acts) in the entry relating to
section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition
etc.), in column (5) (disqualification), for “Discretionary.” substitute—

“(a) Obligatory if

committed within three

20

years of a previous

conviction of the offender

under section 40A.

(b) Discretionary in any

other case.”

25
(2)
In section 34 of that Act (disqualification for certain offences), after subsection
(4A) insert—
“(4B)
Where a person convicted of an offence under section 40A of the Road
Traffic Act 1988 (using vehicle in dangerous condition etc.) has within
the three years immediately preceding the commission of the offence
30
been convicted of any such offence, subsection (1) above shall apply in
relation to him as if the reference to twelve months were a reference to
six months.”
26
Breach of requirements as to control of vehicle, mobile telephones etc.
(1)
Before section 42 of the Road Traffic Act 1988 insert—
35
“41D
Breach of requirements as to control of vehicle, mobile telephones etc.

A person who contravenes or fails to comply with a construction and
use requirement—
(a)
as to not driving a motor vehicle in a position which does not
give proper control or a full view of the road and traffic ahead,
40
or not causing or permitting the driving of a motor vehicle by
another person in such a position, or

Road Safety Bill [HL]
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(b)
as to not driving or supervising the driving of a motor vehicle
while using a hand-held mobile telephone or other hand-held
interactive communication device, or not causing or permitting
the driving of a motor vehicle by another person using such a
telephone or other device,
5

is guilty of an offence.”
(2)
In section 42(a) of that Act (breach of other construction and use requirements),
before “of” insert “or 41D”.
(3)
In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which
certain sections apply), before the entry relating to section 42 of the Road
10
Traffic Act 1988 (c. 52) insert—

“RTA section 41D.
Breach of requirements as to
Sections 11 and 12(1) of this

control of vehicle, mobile
Act.”

telephones etc.

(4)
In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:
15
offences under the Traffic Acts), before the entry relating to section 42 of the
Road Traffic Act 1988 insert—

“RTA section 41D
Breach of
Summarily.
(a) Level 4
Discretionary.
Obligatory.
3.”

requirements

on the

as to control of

standard

20

vehicle, mobile

scale if

telephones etc.

committed

in respect

of a goods

vehicle or a

25

vehicle

adapted to

carry more

than eight

passengers.

30

(b) Level 3

on the

standard

scale in any

other case.

35
(5)
In Schedule 3 to that Act (fixed penalty offences), before the entry relating to
section 42 of the Road Traffic Act 1988 insert—

“RTA section 41D
Breach of requirement as

to control of vehicle,

mobile telephone etc.”

40
27
Power of police to stop vehicle
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), in the entry relating
to section 163 of the Road Traffic Act 1988 (failing to stop mechanically
propelled vehicle or cycle when required to do so), in column (4) (punishment),
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for “Level 3 on the standard scale.” substitute—

“(a) Level 5 on the

standard scale if

committed by a person

driving a mechanically

5

propelled vehicle.

(b) Level 3 on the

standard scale if

committed by a person

riding a cycle.”

10
and, in column (2) (general nature of offence), for “motor” substitute
“mechanically propelled”.
28
Furious driving
In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences otherwise than under the
15
Traffic Acts), after the entry relating to manslaughter and culpable homicide
insert—

“An offence under
Discretionary.
Obligatory if
     3-9”

section 35 of the Offences

committed in

against the Person Act

respect of a

20

1861 (furious driving).

mechanically

propelled vehicle.

29
Breach of duty to give information as to identity of driver etc.
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), in the entry relating
25
to section 172 of the Road Traffic Act 1988 (c. 52) (duty to give information as
to identity of driver etc. in certain circumstances), in column (7) (penalty
points), for “3” substitute “6”.
Other provisions about offences
30
Meaning of driving without due care and attention
30
In the Road Traffic Act 1988, after section 3 insert—
“3ZA
Meaning of careless, or inconsiderate, driving
(1)
This section has effect for the purposes of sections 2B and 3 above and
section 3A below.
(2)
A person is to be regarded as driving without due care and attention if
35
(and only if) the way he drives falls below what would be expected of
a competent and careful driver.
(3)
In determining for the purposes of subsection (2) above what would be
expected of a careful and competent driver in a particular case, regard
shall be had not only to the circumstances of which he could be
40
expected to be aware but also to any circumstances shown to have been
within the knowledge of the accused.

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(4)
A person is to be regarded as driving without reasonable consideration
for other persons only if those persons are inconvenienced by his
driving.”
31
Extension of offence in section 3A of Road Traffic Act 1988
(1)
Section 3A of the Road Traffic Act 1988 (c. 52) (causing death by careless
5
driving when under influence of drink or drugs etc.) is amended as follows.
(2)
In subsection (1), after paragraph (c) insert “or
(d)
he is required by a constable to give his permission for a
laboratory test of a specimen of blood taken from him under
section 7A of this Act, but without reasonable excuse fails to do
10
so,”.
(3)
In subsection (3), for “and (c)” substitute “, (c) and (d)”.
(4)
In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative
verdicts), in the Table, in the entry relating to section 3A of the Road Traffic Act
1988, in the second column, after “Section 7(6) (failing to provide specimen)”
15
insert “Section 7A(6) (failing to give permission for laboratory test)”.
32
Alternative verdict on unsuccessful culpable homicide prosecution
(1)
Section 23 of the Road Traffic Offenders Act 1988 (alternative verdicts in
Scotland) is amended as follows.
(2)
In subsection (1), for “an offence under section 2 of the Road Traffic Act 1988
20
(dangerous driving)” substitute “any of the relevant offences”.
(3)
After that subsection insert—
“(1A)
For the purposes of subsection (1) above the following are the relevant
offences—
(a)
an offence under section 1 of the Road Traffic Act 1988 (causing
25
death by dangerous driving),
(b)
an offence under section 2 of that Act (dangerous driving), and
(c)
an offence under section 3A of that Act (causing death by
careless driving when under influence of drink or drugs).”
33
Alternative verdict on unsuccessful manslaughter prosecution
30
In section 24 of the Road Traffic Offenders Act 1988 (alternative verdicts),
before subsection (1) insert—
“(A1)
Where—
(a)
a person charged with manslaughter in connection with the
driving of a mechanically propelled vehicle by him is found not
35
guilty of that offence, but
(b)
the allegations in the indictment amount to or include an
allegation of any of the relevant offences,

he may be convicted of that offence.
(A2)
For the purposes of subsection (A1) above the following are the
40
relevant offences—