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

222

 

Road Safety Bill[ [], continued

 
 

‘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

 

Withdrawn  nc16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

 

Withdrawn  nc17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”.’.

 



 
 

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

223

 

Road Safety Bill[ [], continued

 
 

Prohibition of retrofitting of bull bars

 

Mr Alistair Carmichael

 

Withdrawn  nc18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.”.’.

 


 

Employer responsibility

 

Mr Alistair Carmichael

 

Not selected  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

 

Withdrawn  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


 
 

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

224

 

Road Safety Bill[ [], continued

 
 

(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

 

Withdrawn  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,


 
 

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

225

 

Road Safety Bill[ [], continued

 
 

(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

 

Not called  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

 

Withdrawn  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—

 

“(5)    

During the course of the probationary period, the following conditions

 

shall apply to a qualified driver—

 

(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.

 

(6)    

The Secretary of State shall prescribe by regulations the size, nature and

 

colour of the distinguishing sign in subsection (5)(b) above.

 

(7)    

The prescribed limit of alcohol for the purposes of section 5(iii) above

 

is—


 
 

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

226

 

Road Safety Bill[ [], continued

 
 

(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.

 

(8)    

If a qualified driver drives in breach of any of the conditions set out in

 

subsection (5), he is guilty of an offence.”’.

 


 

Dangerous driving after failure to stop

 

Mr Owen Paterson

 

Mr Stephen Hammond

 

Mr Henry Bellingham

 

Not called  nc24

 

To move the following Clause:—

 

‘(1)    

In the Road Traffic Act 1988, after section 2A insert—

 

“2B    

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

Sections 1, 11 and 12(1) of

 
  

failing to stop a mechanically

this Act”

 
  

propelled vehicle or cycle

  
  

when required by a constable

  
 

(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—


 
 

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

227

 

Road Safety Bill[ [], continued

 
 

“RTA section 2B

Dangerous driving after failing

(a)    

On summary

 
  

to stop a mechanically propelled

conviction, 2 years

 
  

vehicle or cycle when required

imprisonment, a fine

 
  

by a constable

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

 

Not called  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

 

Not selected  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—

 

“(5A)    

The entry of a person’s name in the register shall be subject to the

 

condition that, so long as his name is in the register, he will comply with

 

section [Obligation of approved driving intructors to consult with local

 

authorities] of the Road Safety Act 2006 (c. ).”

 

(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;


 
 

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

228

 

Road Safety Bill[ [], continued

 
 

(b)    

in relation to Wales, a county council or a county borough council.’.

 


 

Operation of traffic lights

 

Mr Greg Knight

 

Not moved  NC27

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall issue guidance on the operation and maintenance of

 

all traffic lights with a view to ensuring that—

 

(a)    

unnecessary delays are minimised, and

 

(b)    

traffic congestion is reduced.

 

(2)    

In drawing up guidance the Secretary of State shall consult local authorities and

 

such other persons (if any) as he considers it appropriate to consult.’.

 


 

Reflective clothing

 

Mr Owen Paterson

 

Stephen Hammond

 

Mr Henry Bellingham

 

Mr Greg Knight

 

Withdrawn  nc28

 

To move the following Clause:—

 

‘In the Road Traffic Act 1988 (c. 52), after section 16 (wearing of protective

 

headgear) insert—

 

“16A  

Wearing of protective clothing

 

The Secretary of State shall make regulations requiring, subject to such

 

exceptions as may be specified in the regulations, persons driving or

 

riding in motor vehicles of any class specified in the regulations to wear

 

EN471-compliant reflective garments when leaving the vehicle at a

 

roadside, except where the vehicle is parked.”.’.

 


 

Removal of licence restrictions for diabetics

 

Mr Owen Paterson

 

Stephen Hammond

 

Mr Henry Bellingham

 

Withdrawn  nc29

 

To move the following Clause:—


 
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