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Road Safety Bill [HL]


Road Safety Bill [HL]

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17      

Speed assessment equipment detection devices

(1)   

In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction,

weight, equipment and use of vehicles)—

(a)   

in subsection (2), at the end insert—

“(m)   

speed assessment equipment detection devices.”, and

5

(b)   

in subsection (7), at the end insert—

““speed assessment equipment detection device” means a

device the purpose, or one of the purposes, of which is

to detect, or interfere with the operation of, equipment

used to assess the speed of motor vehicles.”

10

(2)   

After section 41B of that Act (breach of requirement as to weight: goods and

passenger vehicles) insert—

“41C    

Breach of requirement as to speed assessment equipment detection

devices

   

A person who—

15

(a)   

contravenes or fails to comply with a construction or use

requirement as to speed assessment equipment detection

devices, or

(b)   

uses on a road a motor vehicle or trailer which does not comply

with such a requirement, or causes or permits a motor vehicle

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or trailer to be so used,

   

is guilty of an offence.”

(3)   

In section 42(a) of that Act (breach of other construction and use requirements),

for “or 41B(1)(a)” substitute “, 41B(1)(a), 41C(a)”.

(4)   

In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation),

25

at the appropriate place insert—

““special road” in England and Wales has the same meaning as in

the Highways Act 1980 and in Scotland has the same meaning

as in the Roads (Scotland) Act 1984,”.

(5)   

In Schedule 1 to that Act (offences to which certain sections apply), after the

30

entry relating to section 41B of the Road Traffic Act 1988 insert—

 

“RTA section 41C

Breach of requirement as to

Sections 11 and 12(1) of this

 
  

speed assessment

Act.”

 
  

equipment detection device.

  

(6)   

In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:

35

offences under the Traffic Acts), after the entry relating to section 41B of the

Road Traffic Act 1988 insert—

 
 

Road Safety Bill [HL]

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“RTA section 41C

Breach of

Summarily.

(a) Level 4

Discretionary.

Obligatory.

3-6 or 3

 
  

requirement as

 

on the

  

(fixed

 
  

to speed

 

standard

  

penalty).”

 
  

assessment

 

scale if

    
  

equipment 

 

committed

    

5

  

detection

 

on a special

    
  

devices.

 

road.

    
    

(b) Level 3

    
    

on the

    
    

standard

    

10

    

scale in any

    
    

other case.

    

(7)   

In Schedule 3 to that Act (fixed penalty offences), after the entry relating to

section 41B of the Road Traffic Act 1988 (c. 52) insert—

 

“RTA section 41C

Breach of requirement as

 

15

  

to speed assessment

 
  

equipment detection

 
  

devices.”

 

18      

Exemptions from speed limits

For section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire,

20

ambulance and police vehicles from speed limits) substitute—

“87     

Exemptions from speed limits

(1)   

No statutory provision imposing a speed limit on motor vehicles shall

apply to any vehicle on an occasion when—

(a)   

it is being used for fire and rescue authority purposes or for or

25

in connection with the exercise of any function of a relevant

authority as defined in section 6 of the Fire (Scotland) Act 2005,

for ambulance purposes or for police or Serious Organised

Crime Agency purposes,

(b)   

it is being used for other prescribed purposes in such

30

circumstances as may be prescribed, or

(c)   

it is being used for training persons to drive vehicles for use for

any of the purposes mentioned in paragraph (a) or (b) above,

   

if the observance of that provision would be likely to hinder the use of

the vehicle for the purpose for which it is being used on that occasion.

35

(2)   

Subsection (1) above does not apply unless the vehicle is being driven

by a person who—

(a)   

has satisfactorily completed a course of training in the driving

of vehicles at high speed provided in accordance with

regulations under this section, or

40

(b)   

is driving the vehicle as part of such a course.

(3)   

The Secretary of State may by regulations make provision about

courses of training in the driving of vehicles at high speed.

(4)   

The regulations may include—

(a)   

provision about the nature of courses,

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(b)   

provision for the approval by the Secretary of State of persons

providing courses or giving instruction on courses and the

 
 

Road Safety Bill [HL]

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withdrawal of approvals (including provision for appeals

against refusal and withdrawal of approvals),

(c)   

provision specifying the maximum fees that a person may be

required to pay for a course,

(d)   

provision for the training or assessment, or the supervision of

5

the training or assessment, of persons providing courses or

giving instruction on courses,

(e)   

provision for the evidencing of the successful completion of

courses,

(f)   

provision authorising the Secretary of State to make available

10

information about persons providing courses or giving

instruction on courses, and

(g)   

provision treating courses of training in the driving of vehicles

at high speed which have been completed before the coming

into force of the regulations as if they had been provided in

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accordance with the regulations.

(5)   

The regulations may include provision for the charging of reasonable

fees in respect of any function conferred or imposed on the Secretary of

State by the regulations.

(6)   

The regulations may make different provision—

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(a)   

for different classes of vehicle,

(b)   

for different descriptions of persons, or

(c)   

otherwise for different circumstances.”

New offences

19      

Causing death by careless, or inconsiderate, driving

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(1)   

In the Road Traffic Act 1988 (c. 52), after section 2A insert—

“2B     

Causing death by careless, or inconsiderate, driving

   

A person who causes the death of another person by driving a

mechanically propelled vehicle on a road or other public place without

due care and attention, or without reasonable consideration for other

30

persons using the road or place, is guilty of an offence.”

(2)   

In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative

verdicts), in the Table—

(a)   

in the entry relating to section 1 of the Road Traffic Act 1988 (causing

death by dangerous driving), in the second column, after “Section 2

35

(dangerous driving)” insert “Section 2B (causing death by careless, or

inconsiderate, driving)”,

(b)   

after the entry relating to section 2 of that Act insert—

 

“Section 2B (causing

Section 3

 
 

death by careless, or

(careless, and

 

40

 

inconsiderate, driving)

inconsiderate,

 
  

driving)”,

 

(c)   

in the entry relating to section 3A of that Act (causing death by careless

driving when under influence of drink or drugs), in the second column,

 
 

Road Safety Bill [HL]

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before “Section 3 (careless, and inconsiderate, driving)” insert “Section

2B (causing death by careless, or inconsiderate, driving)”.

(3)   

In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which

certain sections apply), after the entry relating to section 2 of the Road Traffic

Act 1988 (c. 52) insert—

5

 

“RTA section 2B

Causing death by careless,

Sections 11 and 12(1) of this

 
  

or inconsiderate, driving.

Act.”

 

(4)   

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 2 of the Road

Traffic Act 1988 insert—

10

 

“RTA section 2B

Causing death

(a) Summarily.      

(a) 12 months (in

Obligatory.

Obligatory.

  3-11”

 
  

by careless, or

                                 

England and

    
  

inconsiderate,

                                

Wales) or 6

    
  

driving.

(b) On indictment.

months (in

    
    

Scotland) or the

    

15

    

statutory

    
    

maximum or

    
    

both.                       

    
    

         

    
    

(b) 5 years or a

    

20

    

fine or both.

    

(5)   

In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13)

(informing coroners)—

(a)   

after “1” insert “, 2B”, and

(b)   

after “dangerous driving” insert “, careless driving”.

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(6)   

In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act

2003 (c. 32) (offences where notice must be given to authority of State in which

offender is normally resident), after paragraph (b) insert—

“(ba)   

section 2B (causing death by careless, or inconsiderate,

driving),”.

30

20      

Causing death by driving: unlicensed, disqualified or uninsured drivers

(1)   

In the Road Traffic Act 1988, after section 3ZA (inserted by section 29) insert—

“3ZB    

Causing death by driving: unlicensed, disqualified or uninsured

drivers

   

A person is guilty of an offence under this section if he causes the death

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of another person by driving a motor vehicle on a road and, at the time

when he is driving, the circumstances are such that he is committing an

offence under—

(a)   

section 87(1) of this Act (driving otherwise than in accordance

with a licence),

40

(b)   

section 103(1)(b) of this Act (driving while disqualified), or

(c)   

section 143 of this Act (using motor vehicle while uninsured or

unsecured against third party risks).”

 
 

Road Safety Bill [HL]

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(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 3 of the Road Traffic

Act 1988 (c. 52) insert—

 

“RTA section 3ZB

Causing death by driving:

Sections 11 and 12(1) of this

 
  

unlicensed, disqualified or

Act.”

 

5

  

uninsured drivers.

  

(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 3 of the Road

Traffic Act 1988 insert—

 

“RTA section 3ZB

Causing death

(a) Summarily.

(a) 12 months (in

Obligatory.

Obligatory.

  3-11”

 

10

  

by driving:

                                 

England and

    
  

unlicensed,

                                 

Wales) or 6

    
  

disqualified or

                                 

months (in

    
  

uninsured

                                 

Scotland) or the

    
  

drivers.

                                 

statutory

    

15

   

                                 

maximum or both.

    
   

(b) On indictment.

(b) 2 years or a

    
    

fine or both.

    

(4)   

In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13)

(informing coroners)—

20

(a)   

before “or 3A” insert “, 3ZB”, and

(b)   

before “or careless” insert “, unlicensed, disqualified or uninsured

drivers”.

(5)   

In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act

2003 (c. 32) (offences where notice must be given to authority of State in which

25

offender is normally resident), after paragraph (c) insert—

“(ca)   

section 3ZB (causing death by driving: unlicensed,

disqualified or uninsured drivers),”.

21      

Offence of keeping vehicle which does not meet insurance requirements

(1)   

In the Road Traffic Act 1988, after section 144 insert—

30

“144A   

  Offence of keeping vehicle which does not meet insurance

requirements

(1)   

If a motor vehicle registered under the Vehicle Excise and Registration

Act 1994 does not meet the insurance requirements, the person in

whose name the vehicle is registered is guilty of an offence.

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(2)   

For the purposes of this section a vehicle meets the insurance

requirements if—

(a)   

it is covered by a such a policy of insurance or such a security in

respect of third party risks as complies with the requirements of

this Part of this Act, and

40

(b)   

either of the following conditions is satisfied.

(3)   

The first condition is that the policy or security, or the certificate of

insurance or security which relates to it, identifies the vehicle by its

registration mark as a vehicle which is covered by the policy or

security.

45

 
 

Road Safety Bill [HL]

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(4)   

The second condition is that the vehicle is covered by the policy or

security because—

(a)   

the policy or security covers any vehicle, or any vehicle of a

particular description, the owner of which is a person named in

the policy or security or in the certificate of insurance or security

5

which relates to it, and

(b)   

the vehicle is owned by that person.

(5)   

For the purposes of this section a vehicle is covered by a policy of

insurance or security if the policy of insurance or security is in force in

relation to the use of the vehicle.

10

144B    

Exceptions to section 144A offence

(1)   

A person (“the registered keeper”) in whose name a vehicle which does

not meet the insurance requirements is registered at any particular time

(“the relevant time”) does not commit an offence under section 144A of

this Act at that time if any of the following conditions are satisfied.

15

(2)   

The first condition is that at the relevant time the vehicle is owned as

described—

(a)   

in subsection (1) of section 144 of this Act, or

(b)   

in paragraph (a), (b), (da), (db), (dc) or (g) of subsection (2) of

that section,

20

   

(whether or not at the relevant time it is being driven as described in

that provision).

(3)   

The second condition is that at the relevant time the vehicle is owned

with the intention that it should be used as described in paragraph (c),

(d), (e) or (f) of section 144(2) of this Act.

25

(4)   

The third condition is that the registered keeper—

(a)   

is not at the relevant time the person keeping the vehicle, and

(b)   

if previously he was the person keeping the vehicle, he has by

the relevant time complied with any requirements under

subsection (7)(a) below that he is required to have complied

30

with by the relevant or any earlier time.

(5)   

The fourth condition is that—

(a)   

the registered keeper is at the relevant time the person keeping

the vehicle,

(b)   

at the relevant time the vehicle is not used on a road or other

35

public place, and

(c)   

the registered keeper has by the relevant time complied with

any requirements under subsection (7)(a) below that he is

required to have complied with by the relevant or any earlier

time.

40

(6)   

The fifth condition is that—

(a)   

the vehicle has been stolen before the relevant time,

(b)   

the vehicle has not been recovered by the relevant time, and

(c)   

any requirements under subsection (7)(b) below that, in

connection with the theft, are required to have been complied

45

with by the relevant or any earlier time have been complied

with by the relevant time.

 
 

Road Safety Bill [HL]

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(7)   

Regulations may make provision—

(a)   

for the purposes of subsection (4)(b) and (5)(c) above, requiring

a person in whose name a vehicle is registered to furnish such

particulars and make such declarations as may be prescribed,

and to do so at such times and in such manner as may be

5

prescribed, and

(b)   

for the purposes of subsection (6)(c) above, as to the persons to

whom, the times at which and the manner in which the theft of

a vehicle is to be notified.

(8)   

Regulations may make provision amending this section for the purpose

10

of providing for further exceptions to section 144A of this Act (or

varying or revoking any such further exceptions).

(9)   

A person accused of an offence under section 144A of this Act is not

entitled to the benefit of an exception conferred by or under this section

unless evidence is adduced that is sufficient to raise an issue with

15

respect to that exception; but where evidence is so adduced it is for the

prosecution to prove beyond reasonable doubt that the exception does

not apply.

144C    

Fixed penalty notices

(1)   

Where on any occasion the Secretary of State has reason to believe that

20

a person has committed an offence under section 144A of this Act, the

Secretary of State may give the person a notice offering him the

opportunity of discharging any liability to conviction for that offence

by payment of a fixed penalty to the Secretary of State.

(2)   

Where a person is given a notice under this section in respect of an

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offence under section 144A of this Act—

(a)   

no proceedings may be instituted for that offence before the end

of the period of 21 days following the date of the notice, and

(b)   

he may not be convicted of that offence if he pays the fixed

penalty before the end of that period.

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(3)   

A notice under this section must give such particulars of the

circumstances alleged to constitute the offence as are necessary for

giving reasonable information of the offence.

(4)   

A notice under this section must also state—

(a)   

the period during which, by virtue of subsection (2) above,

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proceedings will not be taken for the offence,

(b)   

the amount of the fixed penalty, and

(c)   

the person to whom and the address at which the fixed penalty

may be paid.

(5)   

Without prejudice to payment by any other method, payment of the

40

fixed penalty may be made by pre-paying and posting a letter

containing the amount of the penalty (in cash or otherwise) to the

person mentioned in subsection (4)(c) above at the address so

mentioned.

(6)   

Where a letter is sent in accordance with subsection (5) above payment

45

is to be regarded as having been made at the time at which that letter

would be delivered in the ordinary course of post.

 
 

 
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