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

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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 ChargedAlternative
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 indictment14 years imprisonment, disqualification and obligatory endorsement.".'.


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".'.


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.'.


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

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

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.'.


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

(c) a court summons cannot be issued to the relevant owner or driver.'.


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.".'.



 
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Prepared 18 Apr 2006