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S.C.A.  Standing Committee Proceedings: 18th April 2006            

212

 

Road Safety Bill[ [], continued

 
 

(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

Section 6 of this Act.”

 
  

to surrender licence and

  
  

counterpart.

  
 

(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

Driving licence

Summarily.

Level 3 on the  

  

”.’.

 
 

98A(7).

holder failing to

 

standard scale.

    
  

surrender

      
  

licence and

      
  

counterpart.

      
 


 

Fee for renewal of photocard licence and issue of certain alternative licences

 

Dr Stephen Ladyman

 

Added  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.”


 
 

S.C.A.  Standing Committee Proceedings: 18th April 2006            

213

 

Road Safety Bill[ [], continued

 
 

(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,”.’.

 


 

Safety arrangements at level crossings

 

Dr Stephen Ladyman

 

Added  NC30

 

To move the following Clause:—

 

‘(1)    

Section 1 of the Level Crossings Act 1983 (c. 16) (safety arrangements at level

 

crossings) is amended as follows.

 

(2)    

For paragraph (a) of subsection (2) substitute—

 

“(a)    

may require the operator of the crossing or the local traffic

 

authority (or both) to provide at or near the crossing any

 

protective equipment specified in the order and to maintain and

 

operate that equipment in accordance with the order;”.

 

(3)    

In paragraph (b) of that subsection, after “impose” insert “on the operator”.

 

(4)    

In subsection (3)(b), omit “barriers or other”.

 

(5)    

In subsection (5)(b), for “include requirements as to” substitute “impose

 

requirements as to protective”.

 

(6)    

For subsection (6) substitute—

 

“(6)    

The Secretary of State may make an order under this section in respect of

 

a level crossing on being requested to do so by the operator of the

 

crossing or without a request by the operator.

 

(6ZA)    

The Secretary of State may not make an order without a request by the

 

operator unless—

 

(a)    

he has consulted the Office of Rail Regulation and the local

 

traffic authority about the order he proposes to make; and

 

(b)    

having done so, he has sent to the operator, the Office of Rail

 

Regulation and the local traffic authority a copy of a draft of the

 

order he proposes to make and a notice specifying the period (not

 

being less than two months) within which they may make

 

representations to him in respect of his proposal to make the

 

order.”

 

(7)    

For subsection (8) substitute—

 

“(8)    

Before making a request the operator—

 

(a)    

must consult the Office of Rail Regulation and the local traffic

 

authority about the draft order he intends to submit to the

 

Secretary of State; and

 

(b)    

having done so, must give written notice to the Office of Rail

 

Regulation and the local traffic authority of his intention to make

 

a request.

 

(8A)    

A notice given under subsection (8)—

 

(a)    

must be accompanied by a copy of the draft order which the

 

operator intends to submit to the Secretary of State; and


 
 

S.C.A.  Standing Committee Proceedings: 18th April 2006            

214

 

Road Safety Bill[ [], continued

 
 

(b)    

must specify the period (not being less than two months) within

 

which the Office of Rail Regulation and the local traffic

 

authority may make representations to the Secretary of State in

 

respect of the request.”

 

(8)    

In subsection (9), for “(6) or (8)” substitute “(6ZA) or (8A)”.

 

(9)    

In subsection (11)—

 

(a)    

omit the definition of “local authority”,

 

(b)    

before the definition of “operator” insert—

 

““local traffic authority”, in relation to a crossing, means the

 

authority which for the purposes of the Road Traffic Regulation

 

Act 1984 is the local traffic authority for the road crossed by the

 

railway at the crossing;”, and

 

(c)    

in the definition of “protective equipment”, after “includes” insert

 

“barriers,”.’

 

[Adjourned till Thursday at 9.00 a.m.


 
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