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]
42

(8)
If fourteen days after the date specified in the order as the latest date for
completion of the course the course provider has given neither a
certificate under subsection (1) above nor a notice under subsection (5)
above, the offender may, within such period as may be prescribed by
rules of court, apply to the supervising court, or (if the supervising
5
court is not the Crown Court, the High Court of Justiciary or the
relevant local court) to either the supervising court or the relevant local
court, for a declaration that the course provider is in default.
(9)
If the court grants the application, section 34A of this Act shall have
effect as if the certificate had been duly received by the proper officer of
10
the supervising court.
(10)
A notice under subsection (5) above shall specify the ground on which
it is given; and the appropriate national authority may by regulations
make provision as to the form of notices under that subsection and as
to the circumstances in which they are to be treated as given.
15
(11)
Where the proper officer of a court receives a certificate under
subsection (1) above, or a court grants an application under subsection
(6) or (8) above, the proper officer or court must send notice of that fact
to the Secretary of State; and the notice must be sent in such manner
and to such address, and must contain such particulars, as the Secretary
20
of State may determine.
34BA
Approval of courses
(1)
If an application is made to the appropriate national authority for the
approval of a course for the purposes of section 34A of this Act, the
appropriate national authority must decide whether to grant or refuse
25
the application.
(2)
In reaching that decision the appropriate national authority must have
regard to—
(a)
the nature of the course, and
(b)
whether the course provider is an appropriate person to
30
provide the course and administer its provision efficiently and
effectively,
and may take into account any recommendations made by any persons
appointed to consider the application.
(3)
A course may be approved subject to conditions specified by the
35
appropriate national authority.
(4)
An approval of a course is for the period specified by the appropriate
national authority (which must not exceed seven years), subject to
withdrawal of approval.
(5)
Regulations made by the appropriate national authority may make
40
provision in relation to the approval of courses and may, in particular,
include provision—
(a)
in relation to the making of applications for approval,
(b)
for the payment in respect of applications for approval, or of
approvals, (or of both) of fees of such amounts as are prescribed
45
by the regulations,
(c)
specifying the maximum fees that a person may be required to
pay for a course and by when they are to be paid,

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(d)
for the monitoring of courses and course providers,
(e)
in relation to withdrawing approval,
(f)
for an appeal to lie to the Transport Tribunal against a refusal of
an application for approval, the imposition of conditions on the
grant of such an application or the withdrawal of approval, and
5
(g)
authorising the appropriate national authority to make
available (with or without charge) information about courses
and course providers.
34C
Provisions supplementary to sections 34A to 34BA
(1)
The appropriate national authority may issue guidance to course
10
providers, or to any category of course provider, as to the conduct of
courses approved for the purposes of section 34A of this Act; and—
(a)
course providers shall have regard to any guidance given to
them under this subsection, and
(b)
in determining for the purposes of section 34B of this Act
15
whether any instructions or requirements of a course provider
were reasonable, a court shall have regard to any guidance
given to him under this subsection.
(2)
The Secretary of State may by regulations make provision—
(a)
amending section 34A(1)(b) of this Act by substituting for the
20
period for the time being specified there a different period,
(b)
amending section 34A(7) of this Act by substituting for the
period for the time being specified there a different period, or by
substituting for the fraction of the unreduced period for the
time being specified there a different fraction of that period, (or
25
by doing both), or
(c)
amending section 34A(8)(a) of this Act by substituting for the
period for the time being specified there a different period.
(3)
In sections 34A to 34BA of this Act and this section—
“appropriate national authority” means (as respects Wales) the
30
National Assembly for Wales and (otherwise) the Secretary of
State;
“course provider”, in relation to a course, means the person by
whom it is, or is to be, provided;
“probationary period” has the meaning given in section 1 of the
35
Road Traffic (New Drivers) Act 1995;
“proper officer” means—
(a)
in relation to a magistrates’ court in England and Wales,
the designated officer for the court, and
(b)
otherwise, the clerk of the court;
40
“relevant local court”, in relation to an order under section 34A of
this Act 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
(b)
in Scotland, the sheriff court for the district where the
45
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

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“supervising court”, in relation to an order under section 34A of
this Act, 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
5
which made the order, and
(b)
in Scotland, the court which made the order.
(4)
Any power to make regulations under section 34A, 34B or 34BA of this
Act or this section includes power to make different provision for
different cases, and to make such incidental or supplementary
10
provision as appears necessary or appropriate.
(5)
Any power to make regulations under section 34A, 34B or 34BA of this
Act or this section shall be exercisable by statutory instrument.
(6)
No regulations shall be made under section 34A of this Act or this
section unless a draft of the regulations has been laid before, and
15
approved by a resolution of, each House of Parliament.
(7)
A statutory instrument containing regulations made under section 34B
or 34BA of this Act by the Secretary of State shall be subject to
annulment in pursuance of a resolution of either House of Parliament.”
Driving standards
20
36
Driving tests
(1)
Section 89 of the Road Traffic Act 1988 (c. 52) (driving tests) is amended as
follows.
(2)
In subsection (3) (regulations about nature of tests)—
(a)
in paragraph (a), insert at the end “and the administrative
25
arrangements for submitting for such tests”, and
(b)
after paragraph (b) insert—
“(ba)
the duty of a person submitting himself for a test to
produce, and in prescribed circumstances surrender,
any licence previously granted to him,”.
30
(3)
In subsection (4) (provision that may be included in regulations under
subsection (3))—
(a)
for “In particular, regulations may, without prejudice to the generality
of subsection (3) above,” substitute “Regulations under subsection
(3)(a) above may in particular”,
35
(b)
in paragraph (a) (provision by person submitting himself for driving
test of vehicle which, if loading requirements are prescribed, is loaded
in accordance with prescribed requirements), for “a vehicle” substitute
“a safe and suitable vehicle”,
(c)
in that paragraph, for the words after “the test” substitute “and for
40
requiring that, if the vehicle is a vehicle of a prescribed description, it
has been certified in the prescribed manner after a prescribed
inspection as satisfying such requirements as may be prescribed,”, and
(d)
for paragraph (b) substitute—
“(b)
for the charging (whether on the making of an
45
appointment for a test or otherwise) of reasonable fees

Road Safety Bill [HL]
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for or in connection with the test and any inspection of a
vehicle required by regulations under paragraph (a)
above in relation to the test,”.
(4)
In subsection (5) (driving tests in parts), omit paragraph (b) and the word
“and” before it.
5
(5)
After that subsection insert—
“(5ZA)
Regulations under subsection (3)(b) above may in particular provide—
(a)
for the supply by the Secretary of State to persons by whom
tests of competence to drive, or parts of such tests, may be
conducted of forms for certificates evidencing the results of
10
such tests or parts of such tests, and
(b)
for the charging of reasonable fees in respect of the exercise of
any function conferred or imposed on the Secretary of State by
the regulations.”
(6)
In section 91 of that Act (repayment of test fees), for “A fee” substitute “The
15
whole or any part of a fee”.
37
Disqualification until test is passed
(1)
Section 36 of the Road Traffic Offenders Act 1988 (c. 53) (duty of court to order
disqualification until test is passed) is amended as follows.
(2)
In subsection (3) (order to be made in case of person disqualified in
20
circumstances, or for period, prescribed by order)—
(a)
for “in such circumstances or for such period” substitute “for such
period, in such circumstances or for such period and in such
circumstances”,
(b)
for “prescribe” substitute “specify”, and
25
(c)
for “may be so prescribed” substitute “the Secretary of State may by
order specify”.
(3)
In subsection (5) (interpretation), for the definition of “appropriate driving
test” substitute—
““appropriate driving test” means—
30
(a)
in such circumstances as the Secretary of State may
prescribe, an extended driving test, and
(b)
otherwise, a test of competence to drive which is not an
extended driving test,”;

and, in the definition of “extended driving test”, after “section” insert “by
35
regulations made by the Secretary of State”.
(4)
In subsection (8) (disqualification to expire on production in accordance with
regulations under section 105 of Road Traffic Act 1988 of evidence of having
passed test), for “under section 105 of the Road Traffic Act 1988” substitute
“made by the Secretary of State”.
40
(5)
In subsection (9) (disqualification to expire by reason of passing of test only in
relation to vehicles of such classes as are prescribed by such regulations), for
“under that section” substitute “made by the Secretary of State”.

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(6)
After subsection (13) insert—
“(13A)
Before making an order under subsection (3) above the Secretary of
State must consult with such representative organisations as he thinks
fit.”
(7)
Omit subsection (14) (no order to be made under subsection (3) after end of
5
2001 unless one previously made).
(8)
In section 173(2) of the Road Traffic Act 1988 (c. 52) (forgery of documents etc.),
insert at the end “and
(n)
any document produced as evidence of the passing of an
appropriate driving test within the meaning of section 36 of that
10
Act.”
38
Granting of full licence
(1)
In section 89(1) of the Road Traffic Act 1988 (licence not to be granted unless
conditions satisfied), for—
(a)
the words in paragraph (a) before sub-paragraph (i), and
15
(b)
the words from “that” to “passed” in paragraphs (c) and (e),

substitute “that he has, at such time or within such period as is prescribed,
passed”.
(2)
In section 97 of that Act (grant of licences), after subsection (1) insert—
“(1ZA)
Regulations may provide that in prescribed circumstances a licence
20
granted by the Secretary of State may be granted subject to prescribed
conditions having effect—
(a)
for a prescribed period, or
(b)
until the happening of a prescribed event.”
(3)
In section 98(1)(c) of that Act (provisional licence to specify conditions subject
25
to which it is granted)—
(a)
omit “in the case of a provisional licence”, and
(b)
for “the conditions” substitute “any conditions”.
(4)
In section 195 of that Act (provisions as to regulations)—
(a)
in subsection (3), omit “is exercised” and after “189)” insert “is exercised
30
(otherwise than for the purposes of section 97(1ZA) of this Act)”, and
(b)
in subsection (4), after “Act” insert “, or for the purposes of section
97(1ZA) of this Act,”.
39
Driver training
(1)
Section 99ZC(1) of the Road Traffic Act 1988 (driver training courses:
35
supplementary) is amended as follows.
(2)
In paragraphs (b) and (c), after “courses” insert “or giving instruction on such
courses”.
(3)
After paragraph (e) insert “and
(f)
provision authorising the Secretary of State to make available
40
information about persons providing driver training courses or
giving instruction on such courses.”

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(4)
In section 173(2) of that Act (forgery of documents etc.), for paragraph (ff)
substitute—
“(ff)
any document evidencing the successful completion of a driver
training course provided in accordance with regulations under
section 99ZA of this Act,”.
5
(5)
In section 174(1) of that Act (false statements), after paragraph (c) insert—
“(ca)
of obtaining a document evidencing the successful completion
of a driver training course provided in accordance with
regulations under section 99ZA of this Act, or”.
40
Driving instruction
10
Schedule 5 contains amendments about driving instruction.
41
Tests: approved assistants
In the Road Traffic Act 1988 (c. 52), before section 163 insert—
“Requirement for approval of persons to assist at tests
162A
Approved test assistants
15
(1)
The Secretary of State may make regulations permitting any person
wishing to be accompanied at a relevant test by another person (a “test
assistant”) to be so accompanied if—
(a)
he submits himself for the relevant test in any circumstances in
which the Secretary of State considers it appropriate that he
20
should be entitled to be so accompanied, and
(b)
the test assistant is approved in accordance with regulations
under this section to accompany people at relevant tests in such
circumstances in order to assist them in undergoing the relevant
tests.
25
(2)
The circumstances in which the Secretary of State considers it
appropriate that a person should be entitled to be accompanied by a
test assistant at a relevant test may include, for example, circumstances
in which he is likely to have difficulty in hearing, understanding or
responding to instructions or questions in the course of the relevant test
30
without assistance.
(3)
The regulations may make provision in relation to the approval of test
assistants and may, in particular, include provision—
(a)
in relation to the making of applications for approval,
(b)
for the payment in respect of applications for approval, or of
35
approvals, (or both) of fees of such amounts as are prescribed,
(c)
in relation to the period for which an approval is to have effect
and withdrawing approval,
(d)
authorising the imposition of conditions on an approval,
(e)
for an appeal to lie to the Transport Tribunal against a refusal of
40
an application for approval, the imposition of conditions on an
approval or the withdrawal of approval,
(f)
prescribing circumstances in which an approved test assistant
may not act as such,

Road Safety Bill [HL]
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(g)
as to the evidencing by persons of their status as approved test
assistants, and
(h)
authorising the Secretary of State to make available (with or
without charge) information about approved test assistants.
(4)
The regulations may make different provision in relation to different
5
cases.
(5)
The following are relevant tests—
(a)
tests of competence to drive a motor vehicle prescribed by
virtue of section 89(3) of this Act or section 36(5) of the Road
Traffic Offenders Act 1988,
10
(b)
examinations of ability and fitness (or continued ability and
fitness) to give driving instruction for which provision is made
by virtue of section 132 of this Act, and
(c)
emergency control assessments under section 133A of this Act.”
Regulation of registration plate suppliers
15
42
Enforcement authorities
(1)
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate
suppliers) is amended as follows.
(2)
In section 26(8) (power of entry for authorised persons: meaning of “authorised
person”), for “section by” substitute “section—
20
(a)
by the Secretary of State, or
(b)
by”.
(3)
In section 30(a) (institution of proceedings for offences), after “by” insert “the
Secretary of State,”.
(4)
In section 31(1) (interpretation of Part 2), for the definition of “local authority”
25
substitute—
““local authority” means—
(a)
in relation to England, a county council, a district
council, a London borough council, the Common
Council of the City of London in its capacity as a local
30
authority or the Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county
borough council;”.
43
Registration plates
(1)
Part 2 of the Vehicles (Crime) Act 2001 (regulation of registration plate
35
suppliers) is amended as follows.
(2)
In section 31(1) (interpretation of Part 2), in paragraph (a) of the definition of
“registration plate”, for “a registration mark” substitute “in accordance with
regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act
a registration mark which complies with regulations under paragraph (a) of
40
that subsection”.
(3)
Section 28 (offences) is amended as follows.