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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.

      

65

 
 

Road Safety Bill [HL]

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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

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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]

32

 

(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),

45

 
 

Road Safety Bill [HL]

33

 

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.

 
 

Road Safety Bill [HL]

34

 

(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—

 
 

 
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