Amendments proposed to the Road Safety Bill [lords] - continued	House of Commons
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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

82

Clause     36,     page     44,     line     29,     after 'surrender', insert 'in the presence of a police constable,'.

   

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

83

Clause     36,     page     45,     line     3,     at end insert—

'(e)	after paragraph (c) insert—

"(d)	for tests of competence to drive—

(i)	to include questions designed to ensure that a person submitting himself for a test has a sufficient level of understanding of and competence in appropriate first aid skills; and

(ii)	to require such a person to satisfy the person conducting that test that he has a sufficient level of understanding and competence in appropriate first aid skills.".'.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

84

Clause     37,     page     46,     line     4,     after 'fit', insert 'and make public their representations."'.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

85

Page     46,     line     12,     leave out Clause 38.

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Dr Stephen Ladyman

8

Schedule     5,     page     106,     line     27,     after 'conducted' insert ', conditions which must be satisfied during the currency of an appointment, the charging of reasonable fees in respect of applications for appointment or appointments or in connection with any examination or assessment which may be required before appointment or during the currency of any appointment'.

   

Dr Stephen Ladyman

9

Schedule     5,     page     113,     line     8,     after 'evidencing' insert 'the passing of an examination (or part of an examination) required by regulations under section 132 of this Act or'.

   

Dr Stephen Ladyman

10

Schedule     5,     page     113,     line     15,     after 'evidencing' insert 'the passing of an examination (or part of an examination) required by regulations under section 132 of this Act or'.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

86

Clause     41,     page     47,     line     29,     leave out ', understanding'.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

87

Clause     47,     page     53,     line     30,     leave out from 'outside the United Kingdom' and insert 'that has ratified the Treaty on European Vehicle and Driving Licence Information System'.

   

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

72

Clause     47,     page     53,     line     40,     leave out 'outside the United Kingdom' and insert 'that has ratified the Treaty on European Vehicle and Driving Licence Information System.'.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

73

Page     54,     line     32,     leave out Clause 48.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

74

Clause     50,     page     54,     line     31,     leave out 'six' and insert 'twelve'.

   

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

75

Clause     50,     page     54,     line     32,     leave out from 'shall' to end of line 33 and insert 'be disqualified for not less than twelve months.'.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

76

Clause     51,     page     54,     line     41,     leave out from from 'conviction' to 'to' in line 42.

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Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham
Mr Alistair Carmichael

77

Clause     62,     page     59,     line     7,     at end insert—

    '( )   Section 16 shall come into force on 1st January 2007'.

   

Mr Greg Knight

14

Clause     62,     page     59,     line     24,     at beginning insert—

       'Subject to Section 5'.

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Dr Stephen Ladyman

11

Clause     63,     page     59,     line     25,     leave out 'Section 15 extends' and insert 'Sections 11(3) and 15 and Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) extend'.

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Dr Stephen Ladyman

12

Clause     64,     page     59,     line     32,     leave out subsection (2).

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NEW CLAUSES

Prohibition on driving: immobilisation, removal and disposal of vehicles

   

Dr Stephen Ladyman

NC4

To move the following Clause:—

    '(1)   In section 99A of the Transport Act 1968 (c.73) (powers to prohibit driving of vehicles in connection with contravention of provisions about drivers' hours), after subsection (5) insert—

    "(6)   Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under subsection (1) of this section and about their removal and disposal."

    (2)   In section 3 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) (prohibition on driving of foreign vehicles: enforcement provisions), after subsection (7) insert—

    "(8)   Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 1 of this Act and about their removal and disposal."

    (3)   In section 73 of the Road Traffic Act 1988 (c. 52) (prohibition on driving of unfit or overloaded vehicles: supplementary provisions), after subsection (4) insert—

    "(5)   Schedule (Prohibition on driving: immobilisation, removal and disposal of vehicles) to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under section 69 or 70 of this Act and about their removal and disposal.".'.

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Compulsory surrender of old-form licences

   

Dr Stephen Ladyman

NC5

To move the following Clause:—

    '(1)   In the Road Traffic Act 1988 (c.52), after section 98 insert—

    "98A   Compulsory surrender of old-form licences

    (1)   The Secretary of State may by order require the holders of licences of a specified description, or any specified description of the holders of such licences, to surrender the licences and their counterparts to the Secretary of State.

    (2)   An order under this section may specify as the description of licences to be surrendered—

(a)	licences which are not in the form of a photocard, or

(b)	licences in the form of a photocard of a description no longer specified by the Secretary of State as a form in which licences are granted.

    (3)   An order under this section must specify the date by which the licences to which it relates (and their counterparts) are to be surrendered; and may specify different dates in relation to different descriptions of licence holders.

    (4)   An order under this section must include provision for the grant of a new licence to every holder of a licence surrendered (with its counterpart) in pursuance of the order who—

(a)	pays such fee (if any) as is specified by the order, and

(b)	provides the Secretary of State with such evidence or further evidence as the Secretary of State may require (which may include a photograph which is a current likeness of him).

    (5)   A replacement licence granted pursuant to provision made by virtue of subsection (4) above expires on the date on which the surrendered licence would have expired had it not been surrendered (but subject to subsection (6) below).

    (6)   Where the period for which the surrendered licence was granted was based on an error with respect to the licence holder's date of birth such that (if the error had not been made) that licence would have been expressed to expire on a different date, the replacement licence expires on that different date.

    (7)   A person who, without reasonable excuse, fails to comply with any requirement to surrender a licence and its counterpart imposed by an order under this section is guilty of an offence.

    (8)   An order under this section may—

(a)	make different provision for different cases, and

(b)	contain such incidental and supplementary provisions as the Secretary of State considers appropriate.

    (9)   The power to make an order under this section is exercisable by statutory instrument.

    (10)   Before making an order under this section the Secretary of State must consult with such representative organisations as he thinks fit.

    (11)   A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament."

    (2)   In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 94A of the Road Traffic Act 1988 (c. 52) insert—

"RTA section 98A(7)

Driving licence holder failing to surrender licence and counterpart.

Section 6 of this Act."

    (3)   In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 96 of the Road Traffic Act 1988 (c. 52) insert—

"RTA section 98A(7).

Driving licence holder failing to surrender licence and counterpart.

Summarily.

Level 3 on the standard scale.

".'.

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Prepared 21 Mar 2006