Amendments proposed to the Road Safety Bill [Lords] - continued | House of Commons |
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Mr Owen Paterson 74 Clause 50, page 54, line 31, leave out 'six' and insert 'twelve'.
Mr Owen Paterson 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.'.
Mr Owen Paterson 76 Clause 51, page 54, line 41, leave out from from 'conviction' to 'to' in line 42.
Mr Owen Paterson 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'.
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'.
Dr Stephen Ladyman 12 Clause 64, page 59, line 32, leave out subsection (2).
NEW CLAUSESProhibition 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
(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
(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
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
(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
(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
(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
(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
(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
Dr Stephen Ladyman NC6 To move the following Clause:'(1) In section 99 of the Road Traffic Act 1988 (c.52) (duration of licence)
(2) In section 117A(2)(c) and (3) of that Act (disqualification etc. of holders of Community licences: issue of alternative licences), for ", free of charge," substitute ", on payment of such fee (if any) as may be prescribed,".'.
Alcoholprescribed limits
Mr David Kidney NC1 To move the following Clause:'(1) The Road Traffic Act 1988 (c. 52) is amended as follows (2) In section 11(2) the meaning of "the prescribed limit" is amended as follows
Breath testing
Mr David Kidney NC2 To move the following Clause:'(1) Where a police officer of or above the rank of inspector reasonably believes that incidents involving persons driving on a road or other public place while unfit to drive through drink or drugs may take place, he may give an authorisation that the powers to administer preliminary tests conferred by this section shall be exercisable on that road or place for a period not exceeding 24 hours. (2) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 24 hours. (3) If an inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed. (4) This section confers on any constable in uniform power to administer
(5) A constable may, in the exercise of those powers, administer any preliminary tests he thinks fit whether or not he has any grounds for suspecting that alcohol or drugs have been consumed. (6) A person who without reasonable excuse fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and four penalty points or discretionary disqualification or both. (7) Any authorisation under this section shall be in writing signed by the officer giving it and shall specify the grounds on which it is given and the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (2) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (8) Where a preliminary test is administered by a constable under this section, the driver shall be entitled to obtain a written statement that the test was administered under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the test was administered. (9) In this section
(10) The powers conferred by this section are not in derogation of any other powers conferred.'.
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