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]
54

Miscellaneous
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Trunk road picnic areas
In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and
public conveniences for users of trunk roads)—
(a)
in subsection (1) (power to provide trunk road picnic areas), omit “that
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is not a special road”,
(b)
in subsection (3) (power to manage), after “picnic area” insert
“(including, in particular, by enforcing controls on parking there and
recovering the costs of doing so)”,
(c)
in subsection (4) (power to make arrangements for the provision of
10
conveniences, facilities, meals or refreshments with anyone other than
a council), omit “, other than a council,”, and
(d)
in subsection (5) (power to provide conveniences), omit “that is not a
special road”.
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Development potentially affecting traffic over level crossings
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The Secretary of State shall make provision by a development order under the
Town and Country Planning Act 1990 (c. 8) to secure that, in any case where a
proposed development is likely to result in a material increase in the volume,
or a material change in the character, of traffic, or may require changes to the
level crossing’s protective arrangements, using a highway which is part of a
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highway network which includes a level crossing over a railway situated
within 15 miles of the proposed development, the local planning authority
shall be required to consult the Secretary of State, the rail safety authority and
operator of the network which includes or consists of the railway in question
before granting planning permission for the development.
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50
Increase of penalties for failure to comply with traffic lights at level crossings
(1)
A person guilty of an offence under section 36(1) of the Road Traffic Act 1988
(c. 52) (drivers to comply with traffic signs) consisting of a failure to comply
with a traffic sign placed at or near a level crossing indicating that vehicular
traffic is not to proceed over the level crossing shall be liable on summary
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conviction to imprisonment for a term not exceeding six months or to a fine not
exceeding level 5 on the standard scale or to both and shall have his licence
endorsed with six penalty points.
(2)
This section applies in relation to offences committed after the date on which
this Act comes into force.
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51
Increase of penalties for careless or inconsiderate driving causing damage to
a railway or other bridge over a road
(1)
If a person causes damage to a railway or other bridge over a road by driving
a motor vehicle on a road or other public place without due care and attention,
or without reasonable consideration for other persons using the road or place,
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he is guilty of an offence and liable on summary conviction to imprisonment
for a term not exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both and shall have his licence endorsed with not less than
six penalty points.

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(2)
This section applies in relation to offences committed after the date on which
this Act comes into force.
52
Measures to promote road safety at railway and other bridges
In section 122(2) of the Road Traffic Regulation Act 1984 (c. 27) (which sets out
the matters to which local authorities must have regard in exercising their
5
functions under that Act), after paragraph (c) insert—
“(ca)
the need to reduce the risk of heavy commercial and other
vehicles colliding with railway and other bridges crossing
highways by installing warning devices and physical barriers
on the highways approaching such bridges;”.
10
53
Power to impose requirements on traffic authorities as regards protective
equipment at level crossings
(1)
Section 1 of the Level Crossings Act 1983 (c. 16) (which enables the Secretary of
State to make orders as to safety arrangements at level crossings) is amended
as follows.
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(2)
In subsection (2)(a), after “order;” insert—
“(aa)
may impose requirements on any relevant traffic or highway
authority as to the provision, maintenance or operation of any
such protective equipment, including the maintenance or
operation of equipment provided before the making of the
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order;”.
(3)
In subsection (6)—
(a)
for “the operator and to each local authority in whose area the level
crossing is situated” substitute—
“(i)
the operator;
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(ii)
each local authority in whose area the level
crossing is situated;
(iii)
in the case of a proposed order which includes a
provision under subsection (2)(aa) above, the
relevant traffic authority concerned,”; and
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(b)
for “or local authority” substitute “, local authority or relevant traffic
authority”.
(4)
In subsection (8)—
(a)
after “situated” insert “and, in the case of a proposed order which
includes a provision under subsection (2)(aa) above, the relevant traffic
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authority concerned”; and
(b)
in paragraph (b), after “local authority” insert “or the relevant traffic
authority concerned”.
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Stopping up and diversion of crossings
(1)
Section 47 of the Transport and Works Act 1992 (c. 42) (stopping up and
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diversion of crossings) is amended as follows.
(2)
In subsection (2) for “footpath or bridleway” substitute “road”.

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(3)
After subsection (2) insert—
“(3)
In this section “road” means any highway or other road to which the
public has access.”
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Stopping up of roads crossing railways
(1)
Section 118A of the Highways Act 1980 (c. 66) (stopping up of footpaths and
5
bridleways crossing railways) is amended as follows.
(2)
In subsection (1) for “footpath or bridleway” substitute “road”.
(3)
In subsection (2) for “path or way” substitute “road”.
(4)
In subsection (5) for “path or way” substitute “road”.
(5)
In subsection (8) after the definition of “railway” insert—
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““road” means any highway or other road to which the public has
access”.
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Vehicles modified to run on fuel stored under pressure
(1)
The Road Traffic Act 1988 (c. 52) is amended as follows.
(2)
Section 41 (regulation of construction, weight, equipment and use of vehicles)
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is amended as follows.
(3)
In subsection (2), after paragraph (b) insert—
“(ba)
the modification of motor vehicles to enable them to be
propelled using fuel stored under pressure,”.
(4)
After that subsection insert—
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“(2A)
Regulations under this section with respect to the modification of
motor vehicles to enable them to be propelled using fuel stored under
pressure may include provision—
(a)
as to the examination, by persons authorised in accordance with
regulations, of motor vehicles that have been so modified, the
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issuing of certificates by them in respect of such vehicles and the
making of charges by them,
(b)
requiring authorised persons to notify the Secretary of State of
any such examinations carried out by them,
(c)
as to appeals against any decision by an authorised person not
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to issue a certificate,
(d)
as to applications to the Secretary of State for authorisation and
charges in connection with them,
(e)
imposing or providing for the imposition of conditions to be
complied with by authorised persons,
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(f)
as to the withdrawal of authorisations.”
(5)
In section 66 (regulations prohibiting the grant of excise licences for certain
vehicles except on compliance with certain conditions), after subsection (7)
insert—
“(7A)
The Secretary of State may by regulations provide, in relation to
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vehicles required to be examined and certified by regulations under
section 41(2A)(a) of this Act, that the first licence for such a vehicle

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under the Vehicle Excise and Registration Act 1994 for a period after the
requirement applies to the vehicle is to be granted only if evidence is
provided that a certificate has been issued in accordance with those
regulations.”
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Powers to regulate transport of radioactive material
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(1)
Section 2 of the Radioactive Material (Road Transport) Act 1991 (c. 27)
(regulations for preventing injury or damage from transport by road of
radioactive material) is amended as follows.
(2)
In subsection (2), for paragraph (d) and the word “and” before it substitute—
“(d)
the keeping of records and the production, inspection, removal,
10
retention and copying of records and other documents;
(e)
the provision of information and the answering of questions
(including the making of declarations as to the truth of answers
and their admissibility in evidence); and
(f)
the provision of facilities and assistance in connection with the
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carrying out of functions conferred by the regulations.”
(3)
In subsection (3), before paragraph (a) insert—
“(za)
make provision for the imposition of requirements by
inspectors and examiners;”.
(4)
In subsection (4), after “with any” insert “requirement imposed by or by virtue
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of”.
58
Private hire vehicles in London
In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire
Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service
vehicle, seating fewer than nine passengers made available with a driver to the
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public for hire to carry passengers), omit “to the public”.
59
Minor corrections
(1)
In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement
to hold driving licence), after “any class” insert “at any time”.
(2)
In section 105(5) of that Act (regulations: “the relevant provisions of the Road
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Traffic Offenders Act 1988”), after “34” insert “, 35”.
(3)
In section 45 of the Road Traffic Offenders Act 1988 (c. 53) (effect of
endorsement)—
(a)
in subsection (6), for “that Act” substitute “the Road Traffic Act 1988”,
and
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(b)
in subsection (7)(a), at the beginning insert “under”.
(4)
In section 79(1) of that Act (statements by constables), for “54(3)” substitute
“54(4)”.
(5)
In section 90 of that Act (index of expressions)—
(a)
in the entry relating to the expression “conditional offer”, for “75(3)”
40
substitute “75(5)”, and
(b)
in the entry relating to “fixed penalty clerk”, for “75(4)” substitute
“75(6)”.

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(6)
In Schedule 1 to that Act (offences to which certain sections apply), after the
entry relating to section 94A of the Road Traffic Act 1988 (c. 52) insert—

“RTA section 99(5)
Driving licence holder
Section 6 of this Act.”

failing to surrender licence

and counterpart.

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Supplementary
60
Repeals and revocations
Schedule 6 contains repeals and revocations (including repeals of some spent
enactments).
61
Power to make amendments
10
(1)
The Secretary of State may by order make such amendments (including repeals
and revocations) as may appear appropriate in consequence of any provision
contained in this Act—
(a)
in any enactment contained in an Act passed, and
(b)
in any instrument made,
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before, or in the same Session as that in which, the provision comes into force.
(2)
An order under subsection (1) may include any appropriate transitional
provisions or savings.
(3)
The power to make an order under subsection (1) is exercisable by statutory
instrument.
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(4)
No order shall be made under subsection (1) unless a draft of the order has
been laid before, and approved by a resolution of, each House of Parliament.
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Commencement
(1)
The preceding provisions of this Act come into force on such day as the
Secretary of State may by order made by statutory instrument appoint (but
25
subject to subsections (7) to (10)).
(2)
Different days may be appointed for different purposes.
(3)
Any provision of this Act which alters any penalty for an offence has effect only
in relation to offences committed after the coming into force of the provision.
(4)
Section 2B of the Road Traffic Act 1988 (inserted by section 20) has effect only
30
in relation to driving occurring after the coming into force of that section; and
section 3ZB of that Act (inserted by section 21) has effect only in relation to
driving occurring after the coming into force of that section.
(5)
In relation to an offence under section 2B or 3ZB of the Road Traffic Act 1988
committed before the commencement of section 154(1) of the Criminal Justice
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Act 2003 (c. 44), the references in column 4 of Part 1 of Schedule 2 to the Road
Traffic Offenders Act 1988 (c. 53) relating to offences under those sections have
effect with the omission of the words “12 months (in England and Wales) or”
and “(in Scotland)”.

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(6)
The Secretary of State may by order made by statutory instrument make such
transitional provisions and savings as he considers appropriate in connection
with the coming into force of any provision of this Act.
(7)
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
5
(a)
section 1, and
(b)
section 47.
(8)
The day on which sections 8 and 9 and Schedule 2 (and the repeals contained
in Schedule 6 under the heading “Endorsement: unlicensed and foreign
drivers”) come into force must be—
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(a)
later than the day on which section 5 and Schedule 1 (and the repeals
contained in Schedule 6 under the heading “Giving of fixed penalty
notices by vehicle examiners”) come into force, but
(b)
earlier than the day on which section 10 and Schedule 3 (and the repeals
contained in Schedule 6 under the heading “Endorsement: all drivers”)
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come into force.
(9)
Sections 59 and 61, and the repeals contained in Schedule 6 under the heading
“Spent enactments” (and section 60 so far as relating to them), come into force
on the day on which this Act is passed; but section 59(6) has effect only in
relation to offences committed on or after that day.
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(10)
Any power to make an order or regulations which is conferred by any
provision of this Act may be exercised at any time after the passing of this Act.
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Extent
(1)
Section 1 extends only to England and Wales.
(2)
Section 15 extends only to England and Wales and Scotland.
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(3)
Section 47(2) extends only to Northern Ireland.
(4)
Apart from the amendments made by sections 1 and 44, the amendments (and
repeals and revocations) made by this Act have the same extent as the
enactments and instruments amended (or repealed or revoked).
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Short title
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(1)
This Act may be cited as the Road Safety Act 2006.
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.
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