sc1132004.215-221

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
215

House of Commons

Thursday 20th April 2006

Standing Committee Proceedings

Standing Committee A

Road Safety Bill [Lords]

[eighth and ninth sittings]

Alcohol—prescribed limits

Mr David Kidney

Mr Alistair Carmichael

Not called  nc1

To move the following Clause:—

‘(1)
The Road Traffic Act 1988 (c. 52) is amended as follows—

(2)
In section 11(2) the meaning of “the prescribed limit” is amended as follows—

(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

Not called  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.

S.C.A.  Standing Committee Proceedings: 20th April 2006
216

Road Safety Bill–[ [], continued

(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

Withdrawn  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—

S.C.A.  Standing Committee Proceedings: 20th April 2006
217

Road Safety Bill–[ [], continued

(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

Withdrawn  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

Not called  nc8

To move the following Clause:—

S.C.A.  Standing Committee Proceedings: 20th April 2006
218

Road Safety Bill–[ [], continued

‘(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
Section 1 of the Road Traffic

driving)
Offenders Act 1988 (causing death

by dangerous driving).”.

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

“Section (causing death
On indictment
14 years imprisonment,

by reckless driving) of

disqualification and

the Road Safety Act

obligatory

2006 (c. )

endorsement.”.’.

Causing death by dangerous driving

Mr Owen Paterson

Stephen Hammond

Mr Henry Bellingham

Not called  nc9

To move the following Clause:—

S.C.A.  Standing Committee Proceedings: 20th April 2006
219

Road Safety Bill–[ [], continued

‘(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

Withdrawn  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

Not called  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

Not called  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

S.C.A.  Standing Committee Proceedings: 20th April 2006
220

Road Safety Bill–[ [], continued

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

Not called  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

Negatived on division  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;

S.C.A.  Standing Committee Proceedings: 20th April 2006
221

Road Safety Bill–[ [], continued

(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

Withdrawn  nc15

To move the following Clause:—