 House of Commons |
Publications on the internet Index of Amendments |
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S.C.A.
Amendment Paper as at
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| (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".'.
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.'.
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.'.
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.'. |
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.".'. |
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.".'.
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| ©Parliamentary copyright 2006 | Prepared 20 Apr 2006 |