Vote Bundle Text (960418-04)

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

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Employer responsibility

Mr Alistair Carmichael

NC19

To move the following Clause:—

'(1) After section 36(1)(c) of the Coroner's Rules 1984 insert—

"(d)	in the case of a death while undertaking employment, the reasonable precautions, if any, whereby the death and any accident resulting in the death might have been avoided;

(e)	in the case of a death while undertaking employment, the defects, if any, in any system of working which contributed to the death or any accident resulting in the death; and

(f)	in the case of a death while undertaking employment, any other facts which are relevant to the circumstances of death.".'.

Vehicle data recording devices

Mr Alistair Carmichael

NC20

To move the following Clause:—

'(1) A Vehicle Data Recording Device ("VDRD") is a device which records such data relating to the progress and manner of driving of a motor vehicle as the Secretary of State may by regulations prescribe.

(2) The Secretary of State may by regulations designate a class or classes of motor vehicles which shall be fitted with a VDRD.

(3) The Secretary of State may by regulations prescribe—

(a)	the data which a VDRD must record, and how and by whom and for how long such data must be retained; and

(b)	the technical specifications of a VDRD.

(4) Before the Secretary of State makes regulations under subsections (1) to (3), he shall consult—

(a)	the Society of Motor Manufacturers & Traders, and

(b)	such other organisations as he considers appropriate.

(5) The power to make regulations under this section is exercisable by statutory instrument; and a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A person commits an offence if he uses a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3), designated as a class of vehicle to which a VDRD must be fitted, and that person knows, or has reasonable grounds to believe, that the motor vehicle—

(a)	does not have a VDRD fitted; or

(b)	has a defective VDRD fitted.

(7) A person commits an offence if he knowingly causes or permits another person to use a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3), designated as a class of vehicle to which a VDRD must be fitted, and knows or has reasonable grounds to believe that the motor vehicle—

(a)	does not have a VDRD fitted; or

(b)	has a defective VDRD fitted.

(8) A person who commits an offence under subsections (6) or (7) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale.

(9) A person who does anything with the intention of preventing data being recorded or retained by VDRD is guilty of an offence, unless the motor vehicle in which that VDRD was fitted has been destroyed and he knows that there are no court proceedings likely to be started or pursued.

(10) A person who commits an offence under subsection (9) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale.

(11) Subsections (6) and (7) shall not come into effect until regulations made under subsections (1) to (3) have come into effect.

(12) Data recorded or retained by a VDRD fitted to a vehicle involved in a road traffic incident in which an injury occurs may be used only—

(a)	for the purposes of bona fide research,

(b)	by the police or other lawful authorities when investigating the causes of any such accident, or

(c)	in connection with the bringing of court proceedings (whether criminal or civil) as a result of any such accident, whether or not any such proceedings are in the event commenced, but shall not be used for any other purpose.'.

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—

(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.

(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.

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—

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

(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.'.