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]
35

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Alternative verdict on unsuccessful culpable homicide prosecution
(1)
Section 23 of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts in
Scotland) is amended as follows.
(2)
In subsection (1), for “an offence under section 2 of the Road Traffic Act 1988
(dangerous driving)” substitute “any of the relevant offences”.
5
(3)
After that subsection insert—
“(1A)
For the purposes of subsection (1) above the following are the relevant
offences—
(a)
an offence under section 1 of the Road Traffic Act 1988 (causing
death by dangerous driving),
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(b)
an offence under section 2 of that Act (dangerous driving), and
(c)
an offence under section 3A of that Act (causing death by
careless driving when under influence of drink or drugs).”
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Alternative verdict on unsuccessful manslaughter prosecution
In section 24 of the Road Traffic Offenders Act 1988 (alternative verdicts),
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before subsection (1) insert—
“(A1)
Where—
(a)
a person charged with manslaughter in connection with the
driving of a mechanically propelled vehicle by him is found not
guilty of that offence, but
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(b)
the allegations in the indictment amount to or include an
allegation of any of the relevant offences,

he may be convicted of that offence.
(A2)
For the purposes of subsection (A1) above the following are the
relevant offences—
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(a)
an offence under section 1 of the Road Traffic Act 1988 (causing
death by dangerous driving),
(b)
an offence under section 2 of that Act (dangerous driving),
(c)
an offence under section 3A of that Act (causing death by
careless driving when under influence of drink or drugs), and
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(d)
an offence under section 35 of the Offences against the Person
Act 1861 (furious driving).”
Attendance on courses
33
Penalty points
(1)
The Road Traffic Offenders Act 1988 is amended as follows.
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(2)
In section 29 (penalty points to be taken into account on conviction), after
subsection (2) insert—
“(2A)
Subsection (1)(b) above has effect subject to section 30A(4) of this Act.”

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(3)
After section 30 insert—
“30A
Reduced penalty points for attendance on course
(1)
This section applies where—
(a)
a person is convicted of a specified offence by or before a court,
(b)
penalty points are to be attributed to the offence and the court
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does not order him to be disqualified, and
(c)
at least seven but no more than eleven penalty points are to be
taken into account on the occasion of the conviction.
(2)
In this section “specified offence” means—
(a)
an offence under section 3 of the Road Traffic Act 1988 (careless,
10
and inconsiderate, driving),
(b)
an offence under section 36 of that Act (failing to comply with
traffic signs),
(c)
an offence under section 17(4) of the Road Traffic Regulation
Act 1984 (use of special road contrary to scheme or regulations),
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or
(d)
an offence under section 89(1) of that Act (exceeding speed
limit).
(3)
But the Secretary of State may by regulations amend subsection (2)
above by adding other offences or removing offences.
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(4)
Where this section applies, the court may make an order that three of
the penalty points attributed to the offence (or all of them if three or
fewer are so attributed) shall not be taken into account under section
29(1)(b) of this Act on the occasion of any conviction of an offence after
the end of the period of twelve months beginning with the date of the
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order if, by the relevant date, the offender completes an approved
course specified in the order.
(5)
In subsection (4) above—
“an approved course” means a course approved by the
appropriate national authority for the purposes of this section
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in relation to the description of offence of which the offender is
convicted, and
“the relevant date” means such date, no later than ten months after
the day on which the order is made, as is specified in the order.
(6)
A court shall not make an order under this section in the case of an
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offender convicted of an offence if—
(a)
the offender has, during the period of three years ending with
the date on which the offence was committed, committed a
specified offence and successfully completed an approved
course pursuant to an order made under this section or section
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34A of this Act on conviction of that offence, or
(b)
the offence was committed during his probationary period.
(7)
A court shall not make an order under this section in the case of an
offender unless—
(a)
the court is satisfied that a place on the course specified in the
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order will be available for the offender,
(b)
the offender appears to the court to be of or over the age of 17,

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(c)
the court has informed the offender (orally or in writing and in
ordinary language) of the effect of the order and of the amount
of the fees which he is required to pay for the course and when
he must pay them, and
(d)
the offender has agreed that the order should be made.
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30B
Certificates of completion of courses
(1)
An offender shall be regarded for the purposes of section 30A of this
Act as having completed a course satisfactorily if (and only if) a
certificate that he has done so is received by the proper officer of the
supervising court.
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(2)
A course provider must give a certificate under subsection (1) above to
the offender not later than fourteen days after the date specified in the
order as the latest date for the completion of the course unless the
offender—
(a)
fails to make due payment of fees for the course,
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(b)
fails to attend the course in accordance with the course
provider’s reasonable instructions, or
(c)
fails to comply with any other reasonable requirement of the
course provider.
(3)
A certificate under subsection (1) above is to be given by the course
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provider and shall be in such form, and contain such particulars, as
may be prescribed by, or determined in accordance with, regulations
made by the appropriate national authority.
(4)
Where a course provider decides not to give a certificate under
subsection (1) above to the offender, he shall give written notice of the
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decision to the offender as soon as possible, and in any event not later
than fourteen days after the date specified in the order as the latest date
for completion of the course.
(5)
An offender to whom a notice is given under subsection (4) above may,
within such period as may be prescribed by rules of court, apply to the
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supervising court, or (if the supervising court is not the Crown Court,
the High Court of Justiciary or the relevant local court) to either the
supervising court or the relevant local court, for a declaration that the
course provider’s decision not to give a certificate under subsection (1)
above was contrary to subsection (2) above.
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(6)
If the court grants the application, section 30A of this Act shall have
effect as if the certificate had been duly received by the proper officer of
the supervising court.
(7)
If fourteen days after the date specified in the order as the latest date for
completion of the course the course provider has given neither the
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certificate under subsection (1) above nor a notice under subsection (4)
above, the offender may, within such period as may be prescribed by
rules of court, apply to the supervising court, or (if the supervising
court is not the Crown Court, the High Court of Justiciary or the
relevant local court) to either the supervising court or the relevant local
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court, for a declaration that the course provider is in default.

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(8)
If the court grants the application, section 30A of this Act shall have
effect as if the certificate had been duly received by the proper officer of
the supervising court.
(9)
A notice under subsection (4) above shall specify the ground on which
it is given; and the appropriate national authority may by regulations
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make provision as to the form of notices under that subsection and as
to the circumstances in which they are to be treated as given.
(10)
Where the proper office of a court receives a certificate under
subsection (1) above, or a court grants an application under subsection
(5) or (7) above, the proper officer or court must send notice of that fact
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to the Secretary of State; and the notice must be sent in such manner
and to such address, and must contain such particulars, as the Secretary
of State may determine.
30C
Approval of courses
(1)
If an application is made to the appropriate national authority for the
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approval of a course for the purposes of section 30A of this Act, the
appropriate national authority must decide whether to grant or refuse
the application.
(2)
In reaching that decision the appropriate national authority must have
regard to—
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(a)
the nature of the course, and
(b)
whether the course provider is an appropriate person to
provide the course and administer its provision efficiently and
effectively,
and may take into account any recommendations made by any persons
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appointed to consider the application.
(3)
A course may be approved subject to conditions specified by the
appropriate national authority.
(4)
An approval of a course is for the period specified by the appropriate
national authority (which must not exceed seven years), subject to
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withdrawal of approval.
(5)
Regulations made by the appropriate national authority may make
provision in relation to the approval of courses and may, in particular,
include provision—
(a)
in relation to the making of applications for approval,
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(b)
for the payment in respect of applications for approval, or of
approvals, (or of both) of fees of such amounts as are prescribed
by the regulations,
(c)
specifying the maximum fees that a person may be required to
pay for a course and by when they are to be paid,
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(d)
for the monitoring of courses and course providers,
(e)
in relation to withdrawing approval,
(f)
for an appeal to lie to the Transport Tribunal against a refusal of
an application for approval, the imposition of conditions on the
grant of such an application or the withdrawal of approval, and
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(g)
authorising the appropriate national authority to make
available (with or without charge) information about courses
and course providers.