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| |
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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 |
| |
| |
| 15 |
(a) | contravenes or fails to comply with a construction or use |
| |
requirement as to speed assessment equipment detection |
| |
| |
(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 |
| 20 |
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— |
| |
| | Breach of requirement as to |
| Sections 11 and 12(1) of this |
| | | | | | | | | | | 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— |
| |
|
| |
|
| |
|
|
(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— |
| |
|
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 |
| |
| |
(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 |
| |
| |
(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, |
| 45 |
(b) | provision for the approval by the Secretary of State of persons |
| |
providing courses or giving instruction on courses and the |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| 15 |
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— |
| 20 |
(a) | for different classes of vehicle, |
| |
(b) | for different descriptions of persons, or |
| |
(c) | otherwise for different circumstances.” |
| |
| |
19 | Causing death by careless, or inconsiderate, driving |
| 25 |
(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 |
| |
| |
(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— |
| |
|
(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, |
| |
|
| |
|
| |
|
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 |
| |
| 5 |
| | Causing death by careless, |
| Sections 11 and 12(1) of this |
| | | | | or inconsiderate, driving. |
| | | |
|
(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 |
| |
| 10 |
|
(5) | In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) |
| |
| |
(a) | after “1” insert “, 2B”, and |
| |
(b) | after “dangerous driving” insert “, careless driving”. |
| 25 |
(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, |
| |
| 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 |
| |
| |
| A person is guilty of an offence under this section if he causes the death |
| 35 |
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 |
| |
| |
(a) | section 87(1) of this Act (driving otherwise than in accordance |
| |
| 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).” |
| |
|
| |
|
| |
|
(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 |
| |
| |
| | Causing death by driving: |
| Sections 11 and 12(1) of this |
| | | | | unlicensed, disqualified or |
| | | 5 | | | | | | |
|
(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 |
| |
| |
|
(4) | In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) |
| |
| 20 |
(a) | before “or 3A” insert “, 3ZB”, and |
| |
(b) | before “or careless” insert “, unlicensed, disqualified or uninsured |
| |
| |
(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 |
| |
| |
(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. |
| 35 |
(2) | For the purposes of this section a vehicle meets the insurance |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(4) | The second condition is that the vehicle is covered by the policy or |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| 20 |
| (whether or not at the relevant time it is being driven as described in |
| |
| |
(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 |
| |
| |
(b) | at the relevant time the vehicle is not used on a road or other |
| 35 |
| |
(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 |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
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 |
| 25 |
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. |
| 30 |
(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, |
| 35 |
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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|