Amendments proposed to the Road Safety Bill [lords] - continued | House of Commons |
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Passenger side mirrors
Mr Owen Paterson NC15 To move the following Clause:'All HGV vehicles, operating in the UK, must have amirror positioned on the exterior of the vehicle on the passenger side, which enables the driver to have a full view of vehicles and other road users in the neighbouring lanes, when driving on all roads in the United Kingdom.'.
Seizure of motor vehicles
Mr Owen Paterson NC16 To move the following Clause:'(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle has been used on three or more occasions in a manner which contravenes section 89 of the Road Traffic Regulations Act 1984 he shall have the powers set out in subsection (2). (2) These powers are
(3) Subsection 2(b) does not authorise entry into any private dwelling. (4) A constable in uniform shall only have powers where
Failing to stop at the scene of an accident
Mr Owen Paterson NC17 To move the following Clause:Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 is amended as follows
Prohibition of retrofitting of bull bars
Mr Alistair Carmichael NC18 *To move the following Clause:'The Road Traffic Act 1988 is amended as followsIn section 41(2), after paragraph (l) insert
Employer responsibility
Mr Alistair Carmichael NC19 *To move the following Clause:'(1) After section 36(1)(c) of the Coroner's Rules 1984 insert
Vehicle data recording devices
Mr Alistair Carmichael NC20 *To move the following Clause:'(1) A Vehicle Data Recording Device ("VDRD") is a device which records such data relating to the progress and manner of driving of a motor vehicle as the Secretary of State may by regulations prescribe. (2) The Secretary of State may by regulations designate a class or classes of motor vehicles which shall be fitted with a VDRD. (3) The Secretary of State may by regulations prescribe
(4) Before the Secretary of State makes regulations under subsections (1) to (3), he shall consult
(5) The power to make regulations under this section is exercisable by statutory instrument; and a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (6) A person commits an offence if he uses a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3), designated as a class of vehicle to which a VDRD must be fitted, and that person knows, or has reasonable grounds to believe, that the motor vehicle
(7) A person commits an offence if he knowingly causes or permits another person to use a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3), designated as a class of vehicle to which a VDRD must be fitted, and knows or has reasonable grounds to believe that the motor vehicle
(8) A person who commits an offence under subsections (6) or (7) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale. (9) A person who does anything with the intention of preventing data being recorded or retained by VDRD is guilty of an offence, unless the motor vehicle in which that VDRD was fitted has been destroyed and he knows that there are no court proceedings likely to be started or pursued. (10) A person who commits an offence under subsection (9) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale. (11) Subsections (6) and (7) shall not come into effect until regulations made under subsections (1) to (3) have come into effect. (12) Data recorded or retained by a VDRD fitted to a vehicle involved in a road traffic incident in which an injury occurs may be used only
Road Accident Investigation Service
Mr Alistair Carmichael NC21 *To move the following Clause:'(1) Within 12 months of the coming into force of this Act the Secretary of State shall by regulations establish a Road Accident Investigation Service ("the service") which shall
(2) Regulations under this section may provide for the organisation, operation and powers of the Service. (3) The Secretary of State may make financial provision for the Service. (4) The power to make regulations under this section is exercisable by statutory instrument. (5) No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.'.
Breach of requirement relating to seatbelts
Mr Alistair Carmichael NC22 *To move the following Clause:'In part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 in the entry relating to section 14 of the Road Traffic Offenders Act, insert in column (6) (Endorsement) "obligatory" and in column (7) (Penalty points) "3".'.
Restrictions on new drivers
Mr Alistair Carmichael NC23 *To move the following Clause:'(1) The Road Traffic (New Drivers) Act 1995 (c. 13) is amended as follows. (2) In section 1 (probationary period for newly qualified drivers), after subsection (4) insert "(5) During the course of the probationary period, the following conditions shall apply to a qualified driver
(6) The Secretary of State shall prescribe by regulations the size, nature and colour of the distinguishing sign in subsection (5)(b) above. (7) The prescribed limit of alcohol for the purposes of section 5(iii) above is
(8) If a qualified driver drives in breach of any of the conditions set out in subsection (5), he is guilty of an offence."'.
NEW SCHEDULE
Dr Stephen Ladyman NS1 To move the following Schedule:
'Prohibition on driving: immobilisation, removal and disposal of vehiclesCases to which regulations may apply
(a) section 99A(1) of the Transport Act 1968 (c.73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours),
(b) section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (powers to prohibit driving of foreign goods vehicles and foreign public service vehicles),
(c) section 69 or 70 of the Road Traffic Act 1988 (c. 52) (powers to prohibit driving of unfit or overloaded vehicles), or
(d) section 90D of that Act (power to prohibit driving of vehicle on failure to make payment in compliance with financial penalty deposit requirement).
Immobilisation
(a) fix an immobilisation device to the vehicle, and
(b) move the vehicle, or direct it to be moved, for the purpose of enabling an immobilisation device to be fitted it.
(a) indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device,
(b) specifying the steps to be taken to secure its release, and
(c) giving such other information as may be prescribed.
(a) may only be released from the device by or under the direction of an authorised person, but
(b) subject to that, must be released from the device if the first and second requirements specified below are met.
(a) a current disabled person's badge is displayed on the vehicle, or
(b) such other conditions as may be prescribed are fulfilled, and "disabled person's badge" means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44).
Offences connected with immobilisation etc.
(a) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), and
(b) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (c. 27) (use where a disabled person's concession would be available), the person in charge of the vehicle at that time is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(a) a person makes a declaration with a view to securing the release of a vehicle from an immobilisation device purported to have been fixed in accordance with the regulations,
(b) the declaration is that the prohibition has been removed, and
(c) the declaration is to the person's knowledge either false or in any material respect misleading, he is guilty of an offence.
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.
Removal and disposal of vehicles
(a) who is identified in accordance with prescribed rules, and
(b) who agrees to accept delivery in accordance with arrangements agreed between that person and the Secretary of State, and the arrangements may include provision as to the payment of a sum to the person into whose custody the vehicle is delivered.
(a) the publication by an authorised person of such notices as may be prescribed, and
(b) the giving of notice by an authorised person to such persons as may be prescribed.
(a) the time at which the vehicle may be disposed of, and
(b) the manner in which it may be disposed of.
(a) he claims it before it is disposed of, and
(b) any prescribed conditions are fulfilled.
(a) he claims after the vehicle's disposal to be or to have been its owner or to have been the person in charge of the vehicle when it was removed,
(b) the claim is made within a prescribed time of the disposal, and
(c) any other prescribed conditions are fulfilled.
(a) the Secretary of State, or
(b) a person into whose custody the vehicle is delivered under the regulations, may recover from the vehicle's owner or the person in charge of the vehicle such charges as may be prescribed in respect of all or any of its release, removal, custody and disposal.
(a) satisfying the person with custody that the claimant is the vehicle's owner or was the person in charge of the vehicle when it was removed,
(b) the payment of prescribed charges in respect of the vehicle's release, removal and custody, and
(c) the production of such evidence as may be prescribed establishing that the prohibition has been removed.
Offences as to securing possession of vehicles
(a) a person makes a declaration with a view to securing possession of a vehicle purported to have been delivered into the custody of a person in accordance with provision made under paragraph 4,
(b) the declaration is that the prohibition has been removed, and
(c) the declaration is to the person's knowledge either false or in any material respect misleading, he is guilty of an offence.
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or both.
Disputes
(a) for an application to be made to a magistrates' court or (in Scotland) to the sheriff, or
(b) for a court to order a sum to be paid by the Secretary of State.
Authorised persons
(a) by an authorised person, or
(b) by an authorised person or a person acting under his direction.
Application of Road Traffic Offenders Act 1988 (c. 53)
Interpretation
(a) an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988 (c. 52), or
(b) a constable authorised by or on behalf of a chief officer of police to act for the purposes of the provision under which the driving of the vehicle has been prohibited.
(a) a highway authority other than the Secretary of State, or
(b) a local roads authority in Scotland.
(a) an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988 (c. 52), or
(b) a constable.
(a) references to an immobilisation device are to a device or appliance which is an immobilisation device for the purposes of section 104 of the Road Traffic Regulation Act 1984 (c. 27) (immobilisation of vehicles illegally parked), and
(b) references to an immobilisation notice are to a notice fixed to a vehicle in accordance with the regulations.
Supplementary provisions about regulations
ORDER OF THE HOUSE [8TH MARCH 2006]That the following provisions shall apply to the Road Safety Bill [Lords]:
Committal 1. The Bill shall be committed to a Standing Committee.
Proceedings in Standing Commitee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20th April 2006.3. The Standing Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.
Other proceedings 7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed(Mr Alan Campbell): It was agreed to.
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©Parliamentary copyright 2006 | Prepared 17 Mar 2006 |