sc1132004.229-235

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.  Standing Committee Proceedings: 20th April 2006
229

Road Safety Bill–[ [], continued

‘In section 7 of the Motor Vehicles (Driving Licences) (Heavy Goods and Public

Service Vehicles) Regulations 1990 (Statutory Instrument 1990 No 2611), leave

out paragraph (d).’.

HGV safety requirements

Mr Owen Paterson

Stephen Hammond

Mr Henry Bellingham

Withdrawn  nc31

To move the following Clause:—

‘All HGV’s, registered in the UK, shall, by 2007, be fitted with an audible

warning system that shall sound if the driver exits the vehicle when the brakes are

not applied.’.

Limousines

Mr Owen Paterson

Stephen Hammond

Mr Henry Bellingham

Withdrawn  nc32

To move the following Clause:—

‘(1)
The Public Passenger Vehicles Act 1981 (c. 14) is amended as follows—

(2)
After section 1 insert—

“1A
Definition and classification of “limousines”

In this Act “limousine” means a motor vehicle which being a vehicle not

adapted to carry more than 16 passengers, is used in the course of a

business for the purposes of carrying passengers with the services of a

driver for hire and reward where the arrangements for the payment of

fares by the passenger or passengers are made before the journey began.”.

(3)
In section 6, at end add—

“(3)
A limousine adapted to carry more than eight passengers shall not be

used on a road unless an examiner appointed under section 66A of the

Road Traffic Act 1988 has issued a cerficate (to be referred to as a

limousine certificate) that the prescribed conditions as to fitness are

fulfilled in respect of the vehicle.

(4)
If a vehicle is used in contravention of subsection (3), the operator of the

vehicle shall be liable on summary conviction to a fine not exceeding

level 4 on the standard scale.

(5)
Sections 8, 10 and 11 of this Act shall apply to limousines adapted to

carry more than eight passengers”.

(4)
In section 13(1), after first “licence” insert “, limousine licence”.

S.C.A.  Standing Committee Proceedings: 20th April 2006
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Road Safety Bill–[ [], continued

(5)
After section 13(2), insert—

“( )
Subject to Section 12 of this Act a limousine licence authorises the use of

(a)
limousines not adapted to carry more than eight passengers

(b)
limousine not adapted to carry more than sixteen passengers.”.’.

New Schedule

Dr Stephen Ladyman

Added  NS1

To move the following Schedule:—

‘Prohibition on driving: immobilisation, removal and disposal of vehicles

Cases to which regulations may apply

1
The Secretary of State may make regulations with respect to any case where,

on or after such date as may be prescribed, the driving of a vehicle has been

prohibited under—

(a)
section 99A(1) of the Transport Act 1968 (c. 73) (powers to prohibit

driving of vehicles in connection with contravention of provisions

about drivers’ hours),

(b)
section 1 of the Road Traffic (Foreign Vehicles) Act 1972 (c. 27)

(powers to prohibit driving of foreign goods vehicles and foreign

public service vehicles),

(c)
section 69 or 70 of the Road Traffic Act 1988 (c. 52) (powers to

prohibit driving of unfit or overloaded vehicles), or

(d)
section 90D of that Act (power to prohibit driving of vehicle on failure

to make payment in compliance with financial penalty deposit

requirement).

Immobilisation

2    (1)
The regulations may provide that an authorised person or a person acting under

his direction may—

(a)
fix an immobilisation device to the vehicle, and

(b)
move the vehicle, or direct it to be moved, for the purpose of enabling

an immobilisation device to be fitted it.

      (2)
The regulations may provide that on any occasion when an immobilisation

device is fixed to a vehicle in accordance with the regulations the person fixing

the device must also fix to the vehicle a notice—

(a)
indicating that the device has been fixed to the vehicle and warning

that no attempt should be made to drive it or otherwise put it in motion

until it has been released from the device,

(b)
specifying the steps to be taken to secure its release, and

(c)
giving such other information as may be prescribed.

      (3)
The regulations may provide that a vehicle to which an immobilisation device

has been fixed in accordance with the regulations—

(a)
may only be released from the device by or under the direction of an

authorised person, but

S.C.A.  Standing Committee Proceedings: 20th April 2006
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Road Safety Bill–[ [], continued

(b)
subject to that, must be released from the device if the first and second

requirements specified below are met.

      (4)
The first requirement is that such charge in respect of the release as may be

prescribed is paid in any manner specified in the immobilisation notice.

      (5)
The second requirement is that, in accordance with instructions specified in the

immobilisation notice, there is produced such evidence as may be prescribed

establishing that the prohibition has been removed.

      (6)
The regulations may provide that they do not apply in relation to a vehicle if—

(a)
a current disabled person’s badge is displayed on the vehicle, or

(b)
such other conditions as may be prescribed are fulfilled,


and “disabled person’s badge” means a badge issued, or having effect as if

issued, under any regulations for the time being in force under section 21 of the

Chronically Sick and Disabled Persons Act 1970 (c. 44).

      (7)
The regulations may provide that an immobilisation notice is not to be

removed or interfered with except by or on the authority of a person falling

within a prescribed description.

Offences connected with immobilisation etc.

3    (1)
The regulations may provide that a person who fails to comply within a

reasonable time with a direction under provision made under paragraph 2(1)(b)

is guilty of an offence and liable on summary conviction to a fine not

exceeding level 5 on the standard scale.

      (2)
The regulations may provide that a person contravening provision made under

paragraph 2(7) is guilty of an offence and liable on summary conviction to a

fine not exceeding level 2 on the standard scale.

      (3)
The regulations may provide that a person who, without being authorised to do

so in accordance with provision made under paragraph 2, removes or attempts

to remove an immobilisation device fixed to a vehicle in accordance with the

regulations is guilty of an offence and liable on summary conviction to a fine

not exceeding level 3 on the standard scale.

      (4)
The regulations may provide that where they would otherwise have applied in

relation to a vehicle but for provision made under paragraph 2(6)(a) and the

vehicle was not, at the time at which they would otherwise have applied, being

used—

(a)
in accordance with regulations under section 21 of the Chronically

Sick and Disabled Persons Act 1970 (c. 44), and

(b)
in circumstances falling within section 117(1)(b) of the Road Traffic

Regulation Act 1984 (c. 27) (use where a disabled person’s concession

would be available),


the person in charge of the vehicle at that time is guilty of an offence and liable

on summary conviction to a fine not exceeding level 3 on the standard scale.

      (5)
The regulations may provide that where—

(a)
a person makes a declaration with a view to securing the release of a

vehicle from an immobilisation device purported to have been fixed in

accordance with the regulations,

(b)
the declaration is that the prohibition has been removed, and

(c)
the declaration is to the person’s knowledge either false or in any

material respect misleading,


he is guilty of an offence.

      (6)
The regulations may provide that a person guilty of an offence for which

provision is made under sub-paragraph (5) is liable—

S.C.A.  Standing Committee Proceedings: 20th April 2006
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Road Safety Bill–[ [], continued

(a)
on summary conviction, to a fine not exceeding the statutory

maximum, or

(b)
on conviction on indictment, to imprisonment for a term not exceeding

two years, or to a fine, or both.

Removal and disposal of vehicles

4    (1)
The regulations may provide that where such conditions as may be prescribed

are fulfilled an authorised person, or a person acting under his direction, may

remove the vehicle or direct it to be removed.

      (2)
The regulations may provide that where such conditions as may be prescribed

are fulfilled an authorised person, or a person acting under his direction, may

deliver the vehicle, or direct it to be delivered, into the custody of a person—

(a)
who is identified in accordance with prescribed rules, and

(b)
who agrees to accept delivery in accordance with arrangements agreed

between that person and the Secretary of State,


and the arrangements may include provision as to the payment of a sum to the

person into whose custody the vehicle is delivered.

      (3)
The regulations may make provision for such persons as may be prescribed to

be informed that a vehicle has been removed and delivered into a person’s

custody and may, in particular, include provision requiring—

(a)
the publication by an authorised person of such notices as may be

prescribed, and

(b)
the giving of notice by an authorised person to such persons as may be

prescribed.

      (4)
The regulations may provide that the person into whose custody the vehicle is

delivered may dispose of it, and may in particular make provision as to—

(a)
the time at which the vehicle may be disposed of, and

(b)
the manner in which it may be disposed of.

      (5)
The regulations may make provision allowing a person to take possession of

the vehicle if—

(a)
he claims it before it is disposed of, and

(b)
any prescribed conditions are fulfilled.

      (6)
The regulations may provide for a sum of an amount arrived at under

prescribed rules to be paid to a person if—

(a)
he claims after the vehicle’s disposal to be or to have been its owner

or to have been the person in charge of the vehicle when it was

removed,

(b)
the claim is made within a prescribed time of the disposal, and

(c)
any other prescribed conditions are fulfilled.

      (7)
The regulations may provide that (whether or not a claim is made under

provision made under sub-paragraph (5) or (6))—

(a)
the Secretary of State, or

(b)
a person into whose custody the vehicle is delivered under the

regulations,


may recover from the vehicle’s owner or the person in charge of the vehicle

such charges as may be prescribed in respect of all or any of its release,

removal, custody and disposal.

      (8)
In sub-paragraph (7) “person in charge” and “owner”, in relation to a vehicle,

means the person who was in charge of the vehicle or was the vehicle’s owner

when it was removed.

S.C.A.  Standing Committee Proceedings: 20th April 2006
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Road Safety Bill–[ [], continued

      (9)
The conditions prescribed under sub-paragraph (5) may include conditions as

to—

(a)
satisfying the person with custody that the claimant is the vehicle’s

owner or was the person in charge of the vehicle when it was removed,

(b)
the payment of prescribed charges in respect of the vehicle’s release,

removal and custody, and

(c)
the production of such evidence as may be prescribed establishing that

the prohibition has been removed.

    (10)
The regulations may in particular include provision for purposes

corresponding to those of sections 101 and 102 of the Road Traffic Regulation

Act 1984 (c. 27) (disposal and charges) subject to such additions, omissions or

other modifications as the Secretary of State thinks fit.

Offences as to securing possession of vehicles

5    (1)
The regulations may provide that a person who fails to comply within a

reasonable time with a direction under provision made under sub-paragraph

(1) or (2) of paragraph 4 is guilty of an offence and liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

      (2)
The regulations may provide that where—

(a)
a person makes a declaration with a view to securing possession of a

vehicle purported to have been delivered into the custody of a person

in accordance with provision made under paragraph 4,

(b)
the declaration is that the prohibition has been removed, and

(c)
the declaration is to the person’s knowledge either false or in any

material respect misleading,


he is guilty of an offence.

      (3)
The regulations may provide that a person guilty of an offence for which

provision is made under sub-paragraph (2) is liable—

(a)
on summary conviction, to a fine not exceeding the statutory

maximum, or

(b)
on conviction on indictment, to imprisonment for a term not exceeding

two years, or to a fine, or both.

Disputes

6
The regulations may make provision about the proceedings to be followed

where a dispute occurs as a result of the regulations, and may in particular

make provision—

(a)
for an application to be made to a magistrates’ court or (in Scotland)

to the sheriff, or

(b)
for a court to order a sum to be paid by the Secretary of State.

Authorised persons

7
As regards anything falling to be done under the regulations (such as receiving

payment of a charge or other sum) the regulations may provide that it may be

done—

(a)
by an authorised person, or

(b)
by an authorised person or a person acting under his direction.

S.C.A.  Standing Committee Proceedings: 20th April 2006
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Road Safety Bill–[ [], continued

Application of Road Traffic Offenders Act 1988 (c. 53)

8
The regulations may make provision for the application of any or all of

sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act 1988 (c. 53) to

an offence for which provision is made by the regulations.

Interpretation

9
References in this Schedule to a vehicle include references to any trailer drawn

by the vehicle.

10  (1)
This paragraph makes provision about the meaning of “authorised person” for

the purposes of this Schedule.

      (2)
Where the driving of the vehicle has been prohibited under section 99A(1) of

the Transport Act 1968 (c. 73), section 1(2) of the Road Traffic (Foreign

Vehicles) Act 1972 (c. 27) or section 69 of the Road Traffic Act 1988 (c. 52),

“authorised person” means—

(a)
an examiner appointed by the Secretary of State under section 66A of

the Road Traffic Act 1988 (c. 52), or

(b)
a constable authorised by or on behalf of a chief officer of police to act

for the purposes of the provision under which the driving of the vehicle

has been prohibited.

      (3)
Where the driving of the vehicle has been prohibited under section 1(3) of the

Road Traffic (Foreign Vehicles) Act 1972 (c. 27), “authorised person” means

a person authorised to exercise the powers of section 78 of the Road Traffic

Act 1988 (c. 52) with respect to the weighing of motor vehicles and trailers.

      (4)
Where the driving of the vehicle has been prohibited under section 70 of the

Road Traffic Act 1988 (c. 52), “authorised person” means a person mentioned

in sub-paragraph (2) or a person authorised with the consent of the Secretary

of State to act for the purposes of subsection (1) of that section by—

(a)
a highway authority other than the Secretary of State, or

(b)
a local roads authority in Scotland.

      (5)
Where the driving of the vehicle has been prohibited under section 90D of the

Road Traffic Act 1988 (c. 52), “authorised person” means—

(a)
an examiner appointed by the Secretary of State under section 66A of

the Road Traffic Act 1988 (c. 52), or

(b)
a constable.

11
In this Schedule—

(a)
references to an immobilisation device are to a device or appliance

which is an immobilisation device for the purposes of section 104 of

the Road Traffic Regulation Act 1984 (c. 27) (immobilisation of

vehicles illegally parked), and

(b)
references to an immobilisation notice are to a notice fixed to a vehicle

in accordance with the regulations.

12
In this Schedule “prescribed” means prescribed by the regulations.

13  (1)
The regulations may make provision as to the meaning for the purposes of the

regulations of “owner” as regards a vehicle.

      (2)
In particular, the regulations may provide that for the purposes of the

regulations the owner of a vehicle is taken to be the person in whose name it is

then registered under the Vehicle Excise and Registration Act 1994 (c. 22).

Supplementary provisions about regulations

14  (1)
The power to make regulations under this Schedule is exercisable by statutory

instrument.

S.C.A.  Standing Committee Proceedings: 20th April 2006
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Road Safety Bill–[ [], continued

      (2)
A statutory instrument containing regulations under this Schedule is subject to

annulment in pursuance of a resolution of either House of Parliament.’.

Bill, as amended, to be reported.