Vote Bundle Text (960323-04)

Amendments proposed to the Road Safety Bill [Lords] - continued	House of Commons

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Offence of using a mobile phone while cycling

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC11

To move the following Clause:—

'A person who rides a pedal cycle on a public road while using a hand-held mobile telephone or other hand-held interactive communication device, is guilty of an offence under section 28 of the Road Traffic Act 1988 (dangerous cycling).'.

Amendment of Traffic Signs Regulation and General Directions 2002

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC12

To move the following Clause:—

'(1) The Traffic Signs Regulation and General Directions 2002 (S.I. 2002/3313) are amended as follows.

(2) In Regulation 4, after the definition of "excursion or tour", insert—

"Fixed speed camera" means a camera of a type approved by the Secretary of State that is situated at a fixed site and that operates continuously or from time to time for the purpose of monitoring the speed of road vehicles and securing compliance with the speed limit in force at that site.".

(3) After Regulation 58 there is inserted—

"Fixed speed cameras

59 Every fixed speed camera shall—

(a) be painted bright yellow, and

(b) be clearly visible from the carriageway at which it is directed, and

(d) have affixed to it a clearly visible indication of the applicable speed limit.".'.

HGV speed limits

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC13

To move the following Clause:—

'In Schedule 6 to the Road Traffic Regulation Act 1984 (speed limits for vehicles of certain classes), in paragraph 5(2)(b)(iii) column (c) leave out "40" and insert "50".'.

Pedicabs

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham
Mr Alistair Carmichael

NC14

To move the following Clause:—

'(1) The appropriate national authority may make regulations providing for—

(a) the application of relevant enactments to pedicabs; and

(b) the enforcement of relevant enactments in relation to pedicabs.

(2) The regulations may, in particular, make provision for—

(a) identifying the person against whom enforcement action may be taken if there is a contravention of a relevant enactment;

(b) the registration of pedicabs by specified authorities and the provision and display of registration plates on pedicabs;

(d) the making of registers available for inspection and sale;

(e) offences relating to registration;

(f) transitional arrangements.

(3) In subsection (11) of section 15 (parking on footways, grass verges, etc.) of the Greater London Council (General Powers) Act 1974, in the definition of "vehicle", after 'means', insert 'a pedicab' (within the meaning given by section (pedicabs) of the Road Safety Act 2006 (c. )).

(4) The London Local Authorities and Transport for London Act 2003 is amended as follows—

(a) in section 4(5) (penalty charges for road traffic contraventions), for the words "motor vehicle" there is substituted "vehicle";

(b) in section 4(16), the definition of "motor vehicle" is omitted and the following definition is inserted at the end—

'"vehicle" means a mechanically propelled vehicle intended or adapted for use on roads, or a pedicab within the meaning given by section (pedicabs) of the Road Safety Act 2005.".

(5) The "appropriate national authority" means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the National Assembly for Wales;

(6) A "pedicab" means a cycle constructed or adapted—

(a) to seat one or more passengers; and

(b) for the purpose of being made available with a driver for hire for the prupose of carrying passengers.

(7) "relevant enactment" means—

(a) section 15 (parking on footways, grass verges, etc.) of the Greater London Council (General Powers) Act 1974;

(b) Part II of the Road Traffic Act 1991 (traffic in London);

(d) regulations made under section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions);

(e) Part 2 of the London Local Authorities and Transport for London 2003 (road traffic and highways);

(f) regulations under section 72 of the Traffic Management Act 2004 (civil penalties for road traffic contraventions);

(g) any other enactment relating to road traffic regulation, specified in regulations made by the appropriate national authority, which provides for the service of penalty charge notice or notices to owner on the owner of a vehicle.

(8) "specified authority" means—

(a) in Greater London, Transport for London;

(b) elsewhere in England and Wales, a traffic authority.'.

Passenger side mirrors

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC15

To move the following Clause:—

'All HGV vehicles, operating in the UK, must have a mirror 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
Stephen Hammond
Mr Henry Bellingham

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—

(a) power to seize and remove the motor vehicle;

(b) power, for the purposes of exercising a power falling within paragraph (a) to enter any premises on which he has reasonable grounds for believing the motor vehicle to be.

(3) Subsection 2(b) does not authorise entry into any private dwelling.

(4) A constable in uniform shall only have powers where—

(a) the driver cannot be identified

(b) the owner cannot be identified and

Failing to stop at the scene of an accident

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC17

To move the following Clause:—

Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 is amended as follows—

(a) In section 170(4), in column 3, leave out "summarily" and insert "on indictment"

(b) in section 170(4), in column 4, leave out "six months or level 5 on the standard scale or both" and insert "up to 14 years".'.

Prohibition of retrofitting of bull bars

Mr Alistair Carmichael

NC18

To move the following Clause:—

'The Road Traffic Act 1988 is amended as follows—In section 41(2), after paragraph (l) insert—

"(m) prohibiting the modification or retrofitting to the front of vehicles which reduce the crashworthiness of the vehicle.".'.

Employer responsibility

Mr Alistair Carmichael

NC19

To move the following Clause:—

'(1) After section 36(1)(c) of the Coroner's Rules 1984 insert—

"(d) in the case of a death while undertaking employment, the reasonable precautions, if any, whereby the death and any accident resulting in the death might have been avoided;

(e) in the case of a death while undertaking employment, the defects, if any, in any system of working which contributed to the death or any accident resulting in the death; and

(f) in the case of a death while undertaking employment, any other facts which are relevant to the circumstances of death.".'.

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—

(a) the data which a VDRD must record, and how and by whom and for how long such data must be retained; and

(b) the technical specifications of a VDRD.

(4) Before the Secretary of State makes regulations under subsections (1) to (3), he shall consult—

(a) the Society of Motor Manufacturers & Traders, and

(b) such other organisations as he considers appropriate.

(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—

(a) does not have a VDRD fitted; or

(b) has a defective VDRD fitted.

(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—

(a) does not have a VDRD fitted; or

(b) has a defective VDRD fitted.

(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—

(a) for the purposes of bona fide research,

(b) by the police or other lawful authorities when investigating the causes of any such accident, or

(c) in connection with the bringing of court proceedings (whether criminal or civil) as a result of any such accident, whether or not any such proceedings are in the event commenced, but shall not be used for any other purpose.'.