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]
22

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
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—

“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—

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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,
45
(b)
provision for the approval by the Secretary of State of persons
providing courses or giving instruction on courses and the

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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
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.”
New offences
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
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”.
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,
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
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
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).”

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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.
35
(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
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
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.