Road Safety Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Road Safety Bill [HL]

Road Safety Bill [HL]
Schedule 6 — Driving instruction
118

(a)
for paragraphs (a) and (b) substitute “the registration of a person to
whom a certificate or other item prescribed under section 135(1)(a) of
this Act has been issued is terminated,”,
(b)
for “licence, as the case may be,” substitute “other item”, and
(c)
in the heading for “and licences” substitute “etc.”.
5
22    (1)
Section 137 (production of certificates to constables and authorised persons)
is amended as follows.
      (2)
In subsection (1)—
(a)
after “a certificate” insert “or other item”,
(b)
omit “, or to whom a licence under this Part of this Act is granted,”,
10
and
(c)
for “or licence” substitute “or other item”.
      (3)
In subsection (2), for the words before “constable” substitute “Where—
(a)
a person’s registration is terminated, and
(b)
he fails to satisfy an obligation imposed on him by section 136
15
of this Act,

a”.
      (4)
In that subsection, for “issued to him or the licence” substitute “or other item
issued to him”.
      (5)
In subsection (3), for “document” substitute “certificate or other item”.
20
      (6)
In subsection (4), for “document”, in each place, substitute “certificate or
other item”.
      (7)
In the heading for “and licences” substitute “etc.”.
23    (1)
Section 140 (receipts) is to be renumbered as subsection (3) of that section.
      (2)
Before that subsection insert—
25
“(1)
Regulations may make provision for the payment of such fees (if
any) as may be prescribed in connection with registration or
extension of registration.
(2)
Regulations may make provision for the repayment (in whole or in
part) of any fee payable by virtue of any provision of this Part of this
30
Act in such circumstances as may be prescribed.”
      (3)
For the heading substitute “Fees”.
24    (1)
Section 141 (regulations) is to be renumbered as subsection (1) of that
section.
      (2)
In that subsection, after “by regulations” insert “and for prescribing
35
anything which may be prescribed under this Part of this Act”.
      (3)
After that subsection insert—
“(2)
Regulations under this section—
(a)
may be expressed to apply generally or only in particular
circumstances,
40
(b)
may make different provision in relation to different cases or
other circumstances or otherwise for different purposes, and

Road Safety Bill [HL]
Schedule 6 — Driving instruction
119

(c)
may make incidental, supplementary, consequential or
transitional provision or savings.”
25
For section 141A (meaning of “motor car”) substitute—
“141A
Interpretation of Part 5
(1)
For the purposes of this Part of this Act persons may carry on
5
business in the provision of driving instruction in any way,
including in particular—
(a)
by giving instruction themselves,
(b)
by arranging for the giving of driving instruction by their
employees, or
10
(c)
by arranging for the giving of driving instruction by persons
who are franchisees under driving instruction franchises
under which they are the franchisor.
(2)
In this Part of this Act “driving instruction franchise” means an
agreement under which one party (the “franchisor”) grants to
15
another party (a “franchisee”) rights consisting of or including the
right to use a particular trading name, style or design in the carrying
on of business in the giving of driving instruction.
(3)
In this Part of this Act references to “the franchisor” and “a
franchisee”, in relation to a driving instruction franchise, shall be
20
construed accordingly.
(4)
In this Part of this Act “current”, in relation to a licence or certificate,
means one which has not expired and has not been cancelled,
revoked or suspended.
(5)
In this Part of this Act—
25
(a)
“Community licence” and “counterpart”, in relation to a
Community licence, and
(b)
“provisional licence”,

have the same meanings as in Part 3 of this Act.”
26
For section 142 substitute—
30
“142
Index to Part 5
The expressions listed in the left-hand column below are respectively
defined or (as the case may be) fall to be construed in accordance
with the provisions of this Part of this Act listed in the right-hand
column in relation to those expressions.
35

Expression
Relevant provision

Appropriate motor vehicle
Section 125A(8)

Carry on business in the provision of
Section 141A(1)

driving instruction

Community licence and counterpart
Section 141A(5)

40

Road Safety Bill [HL]
Schedule 6 — Driving instruction
120

Expression
Relevant provision

Current (in relation to a licence or
Section 141A(4)

certificate)

Disability, prospective disability and
Section 125A(8)

relevant disability

5

Disabled person’s limited driving
Section 125A(8)

licence

Driving instruction
Section 123(3)

Driving instruction franchise (and
Section 141A(2) and (3)

franchisor and franchisee)

10

Emergency control assessment and
Section 125A(8)

emergency control certificate

Modifications, in relation to a motor
Section 125A(8)

vehicle

Paid instruction
Section 123(5) and (6)

15

Provisional licence
Section 141A(5)

Registered and registration
Section 123(7)

The register
Section 123(8)

Registered disabled instructor
Section 125A(8)

The Registrar
Section 125(2)

20

Regulations
Section 141

Relevant instructor examination
Section 133(2)”

27
In section 173(2) (forgery of documents etc.), for paragraph (g) substitute—
“(g)
any document evidencing the passing of an examination (or
part of an examination) required by regulations under
25
section 132 of this Act or the successful completion of training
provided in accordance with regulations under section
133ZA of this Act,
(ga)
any certificate under section 133A of this Act,
(gb)
any certificate or other item prescribed under section
30
135(1)(a) of this Act,”.
28
In section 174(1) (false statements), after paragraph (d) insert—
“(da)
of obtaining a document evidencing the passing of an
examination (or part of an examination) required by
regulations under section 132 of this Act or the successful
35
completion of training provided in accordance with
regulations under section 133ZA of this Act, or”.

Road Safety Bill [HL]
Schedule 6 — Driving instruction
121

29
In section 183 (application to Crown), after subsection (6) insert—
“(6A)
The Secretary of State may by regulations provide that Part 5 of this
Act is to apply in relation to persons in the public service of the
Crown but subject to any prescribed omissions, additions or other
modifications.”
5
30
In section 195(2) (duty to consult before making regulations under any
provision other than section 8(3) and Part 5), omit “or Part 5”.
Road Traffic Offenders Act 1988 (c. 53)
31
The Road Traffic Offenders Act 1988 is amended as follows.
32    (1)
Section 18 (evidence by certificate as to registration of driving instructors
10
and licences to give instruction) is amended as follows.
      (2)
In subsection (1), for paragraphs (a) to (d) substitute—
“(a)
a person was, or was not, registered,
(b)
a person became registered or a person’s registration was
terminated, or
15
(c)
a person was, or was not, exempt from the prohibitions
imposed by section 123 of the Road Traffic Act 1988
(requirement of registration) by virtue of provision made by
regulations under section 124 of that Act,”.
      (3)
In subsection (3), for the words from ““current” to ““register”” substitute
20
““Registrar”, “registered” and “registration””.
      (4)
In the heading, for “of driving instructors and licences to give instruction”
substitute “etc. of driving instructors etc.”.
33    (1)
Part 1 of Schedule 2 (prosecution and punishment of offences: offences
under the Traffic Acts) is amended as follows.
25
      (2)
In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)—
(a)
in column 1, for “123(4)” substitute “123A(1) and (2)”, and
(b)
in column 2, for “by unregistered and unlicensed persons or their
employers” substitute “, and carrying on of business in provision of
driving instruction, by unregistered persons”.
30
      (3)
In the entry relating to section 123(6) of that Act—
(a)
in column 1, for “123(6)” substitute “123A(4)”, and
(b)
in column 2, for “without there being exhibited on the motor car a
certificate of registration or a licence under RTA Part 5” substitute
“, and carrying on of business in provision of driving instruction,
35
without prescribed requirements relating to displaying of evidence
of registration under RTA Part 5 being complied with”.
      (4)
In the entry relating to section 133C(4) of that Act, in column 2, omit “or
licensed”.
      (5)
In the entry relating to section 133D of that Act, in column 2, omit “or their
40
employers”.
      (6)
In the entry relating to section 135 of that Act, for the words in column 2
substitute “Misuse of evidence of registration etc.”.

Road Safety Bill [HL]
Schedule 7 — Repeals and revocations
122

      (7)
In the entries relating to sections 136 and 137 of that Act, in column 2, for “or
licence” substitute “etc.”.
Schedule 7
Section 55

Repeals and revocations
(1) Graduated fixed penalties
5

Short title and chapter
Extent of repeal

Domestic Violence, Crime and
Section 16(2).

Victims Act 2004 (c. 28)

(2) Giving of fixed penalty notices by vehicle examiners

Short title and chapter
Extent of repeal

10

Road Traffic Offenders Act 1988
In section 54(5), the words “he surrenders”.

(c. 53)
In section 61(2), the words “fixed penalty clerk

must not endorse the”.

In section 66(8), the word “and” after the

definition of “hiring agreement”.

15

In section 73, in subsection (5), the words “by or

on behalf of the chief officer of police” and the

word “such” and, in subsection (7), the words

“by or on behalf of the chief officer of police”.

In section 79(1), the words “constable or

20

authorised”.

In section 89(1), the word “and” before the

definition of “proceedings”.

Road Traffic (New Drivers) Act
In section 2, in subsection (4), the words “, the

1995 (c. 13)
fixed penalty clerk” and, in subsection (5), the

25

words “by the fixed penalty clerk”.

Police Reform Act 2002 (c. 30)
Section 76(4).

Railways and Transport Safety
Section 69(3).

Act 2003 (c. 20)
Section 109.

Crime (International Co-
In Schedule 5, paragraphs 47(b), 55(b) and 57(b).

30

operation) Act 2003 (c. 32)

Courts Act 2003 (c. 39)
In Schedule 8, paragraphs 314 and 321.

(3) Endorsement: unlicensed and foreign drivers

Short title or title and reference
Extent of repeal or revocation

Road Traffic Offenders Act 1988
In the heading of section 31, the words “on

35

(c. 53)
licence”.

In section 45(1), the words “, whether he is at the

time the holder of a licence or not,”.

In section 70(4), the word “and” at the end of

paragraph (a).

40

Road Safety Bill [HL]
Schedule 7 — Repeals and revocations
123

Short title or title and reference
Extent of repeal or revocation

Road Traffic (Driver Licensing
In Schedule 3, paragraph 2(bb).

and Information Systems)

Act 1989 (c. 22)

The Driving Licences
In Schedule 2, paragraphs 6 and 9.

5

(Community Driving
In Schedule 3, paragraph 3(2)(b).

Road Traffic Act 1991 (c. 40)
In Schedule 4, paragraph 93.

(4) Endorsement: all drivers

Short title or title and reference
Extent of repeal or revocation

Public Passenger Vehicles Act
Section 24(3).

10

1981 (c. 14)

Road Traffic Act 1988 (c. 52)
In section 88(6), the words “, counterparts of

licences”.

In section 92(7ZB)(a) and (7C), the words “and

its counterpart”.

15

In section 93—

(a)
in subsections (2)(b) and (3), the words

“and its counterpart”, and

(b)
in subsection (4)(a), the words “or its

counterpart”.

20

In section 97—

(a)
in sub-paragraph (i) of paragraph (c) of

subsection (1), the words “and its

counterpart”,

(b)
in sub-paragraph (ia) of that paragraph,

25

the words from “together” to the end,

(c)
in sub-paragraph (ii) of that paragraph,

the words “and its counterpart (if any)

issued to him”, and

(d)
in subsection (1AA), the words “together

30

with the counterparts mentioned in that

sub-paragraph” and the words “and its

Northern Ireland counterpart”.

In section 98(1)(c), the words “or its

counterpart”.

35

In section 98A—

(a)
in subsection (1), the words “and their

counterparts”,

(b)
in subsection (3), the words “(and their

counterparts)”,

40

(c)
in subsection (4), the words “(with its

counterpart)”, and

(d)
in subsection (7), the words “and its

counterpart”.

Road Safety Bill [HL]
Schedule 7 — Repeals and revocations
124

Short title or title and reference
Extent of repeal or revocation

Road Traffic Act 1988 (c. 52)—
In section 99—

cont.
(a)
in subsection (2A), the words “and its

counterpart”,

(b)
in subsection (3), paragraph (aa), in

5

paragraph (b), the words “or in its

counterpart” and the words “and its

counterpart”,

(c)
in subsection (4), the words “and its

counterpart”,

10

(d)
in subsection (6), the words “and its

counterpart” in both places, and

(e)
in subsections (7) and (7ZA), the words

“and its counterpart”.

Section 99A(5) and (6).

15

Section 99B—

(a)
subsections (3), (6) and (8),

(b)
in subsection (11)(b), the words “(6) or”,

and

(c)
subsection (12).

20

In section 99C—

(a)
in subsections (1) to (4), the words “and

its counterpart (if any)” in each place,

and

(b)
subsection (5).

25

In section 105(2)—

(a)
sub-paragraph (iii) of paragraph (b) and

the word “or” before it,

(b)
in paragraph (e), the words “and

counterparts of licences” and the words

30

“or counterparts of licences”, and

(c)
paragraph (ea).

In section 108, the definition of “counterpart”.

In section 109B—

(a)
in subsection (1), the words from

35

“together” to the end,

(b)
in subsection (2), in paragraph (a), the

words “together with the relevant

counterparts” and, in paragraph (b), the

words “and those counterparts”,

40

(c)
in subsection (4), the words “and the

relevant counterparts”, and

(d)
subsection (5).

In section 115A(1), the words “and its

counterpart (if any)”.

45

In section 117A, the words “and its counterpart

(if any)” in both places.