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

   

Mr David Kidney

NC3

To move the following Clause:—

    '(1)   Designated members of a relevant police constabulary shall, for the purposes of this section, have the powers and rights of audience of a Crown Prosecutor in relation to the prosecution of—

(a)	the offences listed in paragraphs 1, 3, 4 and 5 of Schedule 1 to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (S.I. 1999/904);

(b)	specified offences that cease to be specified when a magistrates' court begins to receive evidence in those proceedings where a defendant does not enter a plea.

    (2)   A designated member of a relevant police constabulary shall not have rights of audience when an offence ceases to be specified where the defendant enters a not guilty plea and the case proceeds to trial.

    (3)   A member of a relevant police constabulary shall be designated for the purposes of this section if that member is a recognised designated court presentation officer employed for that purpose.

    (4)   A recognised designated court presentation officer must also be a serving police officer from the relevant police constabulary.

    (5)   In exercising his role as a designated court presentation officer, a police officer must have regard to any advice or guidance issued by the Secretary of State.

    (6)   The Secretary of State may, by regulation, issue guidance on the recruitment, training and operation of designated court presentation officers.'.

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Impact of the period of summer time on road safety

   

Mr David Kidney

NC7

To move the following Clause:—

    '(1)   The Secretary of State shall report on the impact of the period of summer time on road safety.

    (2)   The first report under this section shall be in respect of the period of twelve months beginning with the passing of this Act.

    (3)   Subsequent reports under this section shall be in respect of the period of 12 months beginning with the end of the previous reporting period.

    (4)   Each report under this section shall be prepared as soon as practicable after the end of the period to which it relates.

    (5)   The Secretary of State shall—

(a)	lay a copy of each report under this section before each House of Parliament, and

(b)	publish each such report in such manner as he thinks fit.'.

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Causing death by reckless driving

   

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC8

To move the following Clause:—

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

       "Causing death by reckless driving

    (1)   A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place recklessly is guilty of an offence.

    (2)   For the purposes of subsection (1) a person is to be regarded as driving recklessly if—

(a)	the way he drives falls far below what would be expected of a competent driver and this must have been evident to him, or

(b)	it must have been evident to him that driving the vehicle he was driving or proposing to drive in its current state was reckless.".

    (2)   In the Road Traffic Offenders Act 1988, after section 24 insert—

       "Alternative verdicts (reckless driving)

    (1)   Where—

(a)	a person charged with an offence under a provision of the Road Safety Act 2006(c.) specified in the first column of the Table below (where the general nature of the offences is also indicated) is found not guilty of that offence, but

(b)	the allegations in the indictment or information (or in Scotland complaint) amount to or include an allegation of an offence under one or more of the provisions specified in the corresponding entry in the second column,

he may be convicted of that offence or of one or more of those offences.

Offence Charged	Alternative
Section (causing death by reckless driving)	Section 1 of the Road Traffic Offenders Act 1988 (causing death by dangerous driving).".

    (3)   In the Road Traffic Offenders Act 1988, Schedule 2, at end insert—

"Section (causing death by reckless driving) of the Road Safety Act 2006 (c. )

On indictment

14 years imprisonment, disqualification and obligatory endorsement.".'.

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Causing death by dangerous driving

   

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC9

To move the following Clause:—

    '(1)   In section 2A(1)(a) of the Road Traffic Act 1988, line 1 leave out "far" and insert "significantly".

    (2)   In Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) in the entry relating to section 2 of the Road Traffic Act 1988 leave out "14" and insert "7".'.

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Motorcycles in bus lanes

   

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC10

To move the following Clause:—

'All bus lanes in the adjacent vehicle lane shall be open to use by motorcycles when buses are moving in the same direction as traffic.'.

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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).'.

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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

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Every fixed speed camera shall—

(a)   be painted bright yellow, and

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

(c)   be adequately illuminated during the hours of darkness, and

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

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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".'.

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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;

(c)	the payment of fees for registration;

(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);

(c)	Part II of and Schedule 1 to the London Authorities Act 1996 (bus lanes);

(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.'.

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Prepared 28 Mar 2006