Amendments proposed to the Road Safety Bill [Lords] - continued	House of Commons
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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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Fee for renewal of photocard licence and issue of certain alternative licences

   

Dr Stephen Ladyman


NC6

To move the following Clause:—

    '(1)   In section 99 of the Road Traffic Act 1988 (c.52) (duration of licence)—

(a)	in subsection (7) (grant of new licence free of charge on surrender of photocard licence after ten years, in cases of error and on change of name or address), omit "and any licence granted under this subsection shall be granted free of charge", and

(b)	After that subsection insert—

    "(7ZA)   The Secretary of State is not required by subsection (7) above to grant a new licence on the surrender of a licence and its counterpart by a person in pursuance of subsection (2A) above unless the person has paid the fee (if any) which is prescribed; but any other licence under that subsection is to be granted free of charge."

    (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,".'.

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Alcohol—prescribed limits

   

Mr David Kidney
Mr Alistair Carmichael


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—

(a)	in (a) leave out "35" and insert "22";

(b)	in (b) leave out "80" and insert "50"; and

(c)	in (c) leave out "107" and insert "67".

    (3)   In section 8(2) leave out "50" and insert "35".'.

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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—

(a)	a preliminary breath test,

(b)	a preliminary impairment test, or

(c)	a preliminary drugs test

pursuant to the provisions of sections 6A to 6D of the Road Traffic Act 1988 (c. 52).

    (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—

"vehicle" includes a caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960 (c. 62)
"preliminary breath test" means a test as specified in section 6A of the Road Traffic Act 1988
"preliminary impairment test" means a test as specified in section 6B of the Road Traffic Act 1988
"preliminary drugs test" means a test as specified in section 6C of the Road Traffic Act 1988.

    (10)   The powers conferred by this section are not in derogation of any other powers conferred.'.

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Prepared 28 Mar 2006