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

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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—

(a) investigate the causes of road accidents particularly where they result in death or serious injury,

(b) commission and publish the results of research into the causes and consequences of road accidents, and

(c) make recommendations to the Secretary of State.

    (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—

(a) he may not drive accompanied by any person under the age of 21;

(b) he may drive only a vehicle fitted with a distinguishing mark determined by regulations issued by the Secretary of State indicating that the driver is a probationary driver; and

(c) he may not drive when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

    (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—

(a) in the case of breath, 9 microgrammes of alcohol in 100 millilitres;

(b) in the case of blood, 20 milligrammes of alcohol in 100 millilitres; and

(c) in the case of urine, 27 milligrammes of alcohol in 100 millilitres.

    (8)   If a qualified driver drives in breach of any of the conditions set out in subsection (5), he is guilty of an offence."'.


Dangerous driving after failure to stop

   

Mr Owen Paterson
Mr Stephen Hammond
Mr Henry Bellingham

NC24

To move the following Clause:—

    '(1)   In the Road Traffic Act 1988, after section 2A insert—

    "2B   Dangerous driving after failing to stop a mechanically propelled vehicle or cycle when required by a constable.

A person who drives a mechanically propelled vehicle or cycle dangerously within the meaning of sections 2 and 2A of the Road Traffic Act 1988 after being required to stop by a constable and having failed to do so within the meaning of section 163 of the Road Traffic Act 1988, shall be guilty of an offence."

    (2)   In Schedule 1 to the Road Traffic Offenders Act 1988, after the entry relating to section 2 of the Road Traffic Act 1988 insert—

"RTA section 2BDangerous driving after failing to stop a mechanically propelled vehicle or cycle when required by a constableSections 1, 11 and 12(1) of this Act"

    (3)   In Part 1 of Schedule 2 to the Road Traffic Offenders Act, after the entry relating to section 2 of the Road Traffic Act 1988 insert—

"RTA section 2BDangerous driving after failing to stop a mechanically propelled vehicle or cycle when required by a constable(a) On summary conviction, 2 years imprisonment, a fine on level 5 of the standard scale, obligatory disqualification and endorsement, 3-11
(b) On indictment, 5 years imprisonment, a fine, obligatory disqualification and endorsement, 3-11".'.


Dangerous driving

   

Ms Sally Keeble

NC25

To move the following Clause:—

'In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 2 of the Road Traffic Act 1988 (c. 52) (dangerous driving), in paragraph (b) in column (4) (punishment on conviction on indictment), for "2 years" substitute "5 years".'.


Obligation of approved driving intructors to consult with local authorities

   

Harry Cohen

NC26

To move the following Clause:—

    '(1)   It shall be a requirement of all approved driving instructors that they will consult annually with local authorities in determining which highways they may use while providing driving instruction.

    (2)   In section 5 of the Road Traffic Act 1988, after subsection (5) insert—

    "(5A)   The entry of a person's name in the register shall be subject to the condition that, so long as his name is in the register, he will comply with section [Obligation of approved driving intructors to consult with local authorities] of the Road Safety Act 2006 (c. )."

    (3)   An "approved driving instructor" means an instructor registered under section 125 of the Road Traffic Act 1988.

    (4)   A 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 authority or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council.'.


Operation of traffic lights

   

Mr Greg Knight

NC27

*To move the following Clause:—

    '(1)   The Secretary of State shall issue guidance on the operation and maintenance of all traffic lights with a view to ensuring that—

(a) unnecessary delays are minimised, and

(b) traffic congestion is reduced.

    (2)   In drawing up guidance the Secretary of State shall consult local authorities and such other persons (if any) as he considers it appropriate to consult.'.


NEW SCHEDULE

   

Dr Stephen Ladyman

NS1

To move the following Schedule:—

'Prohibition on driving: immobilisation, removal and disposal of vehicles

Cases to which regulations may apply

 The Secretary of State may make regulations with respect to any case where, on or after such date as may be prescribed, the driving of a vehicle has been prohibited under—

(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

(1) The regulations may provide that an authorised person or a person acting under his direction may—

(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.

(2) The regulations may provide that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations the person fixing the device must also fix to the vehicle a notice—

(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.

(3) The regulations may provide that a vehicle to which an immobilisation device has been fixed in accordance with the regulations—

(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.

(4) The first requirement is that such charge in respect of the release as may be prescribed is paid in any manner specified in the immobilisation notice.

(5) The second requirement is that, in accordance with instructions specified in the immobilisation notice, there is produced such evidence as may be prescribed establishing that the prohibition has been removed.

(6) The regulations may provide that they do not apply in relation to a vehicle if—

(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).

(7) The regulations may provide that an immobilisation notice is not to be removed or interfered with except by or on the authority of a person falling within a prescribed description.

Offences connected with immobilisation etc.

(1) The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under paragraph 2(1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) The regulations may provide that a person contravening provision made under paragraph 2(7) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3) The regulations may provide that a person who, without being authorised to do so in accordance with provision made under paragraph 2, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) The regulations may provide that where they would otherwise have applied in relation to a vehicle but for provision made under paragraph 2(6)(a) and the vehicle was not, at the time at which they would otherwise have applied, being used—

(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.

(5) The regulations may provide that where—

(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.

(6) The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (5) is liable—

(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

(1) The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may remove the vehicle or direct it to be removed.

(2) The regulations may provide that where such conditions as may be prescribed are fulfilled an authorised person, or a person acting under his direction, may deliver the vehicle, or direct it to be delivered, into the custody of a person—

(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.

(3) The regulations may make provision for such persons as may be prescribed to be informed that a vehicle has been removed and delivered into a person's custody and may, in particular, include provision requiring—

(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.

(4) The regulations may provide that the person into whose custody the vehicle is delivered may dispose of it, and may in particular make provision as to—

(a)   the time at which the vehicle may be disposed of, and

(b)   the manner in which it may be disposed of.

(5) The regulations may make provision allowing a person to take possession of the vehicle if—

(a)   he claims it before it is disposed of, and

(b)   any prescribed conditions are fulfilled.

(6) The regulations may provide for a sum of an amount arrived at under prescribed rules to be paid to a person if—

(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.

(7) The regulations may provide that (whether or not a claim is made under provision made under sub-paragraph (5) or (6))—

(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.

(8) In sub-paragraph (7) "person in charge" and "owner", in relation to a vehicle, means the person who was in charge of the vehicle or was the vehicle's owner when it was removed.

(9) The conditions prescribed under sub-paragraph (5) may include conditions as to—

(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.

(10) The regulations may in particular include provision for purposes corresponding to those of sections 101 and 102 of the Road Traffic Regulation Act 1984 (c. 27) (disposal and charges) subject to such additions, omissions or other modifications as the Secretary of State thinks fit.

Offences as to securing possession of vehicles

(1) The regulations may provide that a person who fails to comply within a reasonable time with a direction under provision made under sub-paragraph (1) or (2) of paragraph 4 is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) The regulations may provide that where—

(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.

(3) The regulations may provide that a person guilty of an offence for which provision is made under sub-paragraph (2) is liable—

(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

 The regulations may make provision about the proceedings to be followed where a dispute occurs as a result of the regulations, and may in particular make provision—

(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

 As regards anything falling to be done under the regulations (such as receiving payment of a charge or other sum) the regulations may provide that it may be done—

(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)

 The regulations may make provision for the application of any or all of sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act 1988 (c. 53) to an offence for which provision is made by the regulations.

Interpretation

 References in this Schedule to a vehicle include references to any trailer drawn by the vehicle.

10 (1) This paragraph makes provision about the meaning of "authorised person" for the purposes of this Schedule.

(2) Where the driving of the vehicle has been prohibited under section 99A(1) of the Transport Act 1968 (c. 73), section 1(2) of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27) or section 69 of the Road Traffic Act 1988 (c. 52), "authorised person" means—

(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.

(3) Where the driving of the vehicle has been prohibited under section 1(3) of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27), "authorised person" means a person authorised to exercise the powers of section 78 of the Road Traffic Act 1988 (c. 52) with respect to the weighing of motor vehicles and trailers.

(4) Where the driving of the vehicle has been prohibited under section 70 of the Road Traffic Act 1988 (c. 52), "authorised person" means a person mentioned in sub-paragraph (2) or a person authorised with the consent of the Secretary of State to act for the purposes of subsection (1) of that section by—

(a)   a highway authority other than the Secretary of State, or

(b)   a local roads authority in Scotland.

(5) Where the driving of the vehicle has been prohibited under section 90D of the Road Traffic Act 1988 (c. 52), "authorised person" means—

(a)   an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988 (c. 52), or

(b)   a constable.

11  In this Schedule—

(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.

12  In this Schedule "prescribed" means prescribed by the regulations.

13 (1) The regulations may make provision as to the meaning for the purposes of the regulations of "owner" as regards a vehicle.

(2) In particular, the regulations may provide that for the purposes of the regulations the owner of a vehicle is taken to be the person in whose name it is then registered under the Vehicle Excise and Registration Act 1994 (c. 22).

Supplementary provisions about regulations

14 (1) The power to make regulations under this Schedule is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.'.


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.


ORDER OF THE COMMITTEE [21st MARCH 2006]

That—

    (1)   during proceedings on the Road Safety Bill the Standing Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 21st March) meet—

(a) at 4.30 p.m. on Tuesday 21st March;

(b) at 9.00 a.m. and 1.00 p.m. on Thursday 23rd March;

(c) at 10.30 a.m. and 4.30 p.m. on Tuesday 28th March;

(d) at 4.30 p.m. on Tuesday 18th April;

(e) at 9.00 a.m. and 1.00 p.m. on Thursday 20th April;

    (2)   the proceedings shall be taken in the following order: Clauses 1 to 4; Clauses 17 to 19; Clause 5; Schedule 1; Clauses 6 to 9; Schedule 2; Clause 10; Schedule 3; Clauses 11 to 16; Clauses 20 to 22; Schedule 4; Clauses 23 to 40; Schedule 5; Clauses 41 to 60; Schedule 6; Clauses 61 to 64; new Clauses; new Schedules; remaining proceedings on the Bill;

    (3)   the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 20th April.


 
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Prepared 23 Mar 2006