Road Safety Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Road Safety Bill [HL]

Road Safety Bill [HL]
46

conducted of forms for certificates evidencing the results of
such tests or parts of such tests, and
(b)
for the charging of reasonable fees in respect of the exercise of
any function conferred or imposed on the Secretary of State by
the regulations.”
5
(6)
In section 91 of that Act (repayment of test fees), for “A fee” substitute “The
whole or any part of a fee”.
36
Disqualification until test is passed
(1)
Section 36 of the Road Traffic Offenders Act 1988 (c. 53) (duty of court to order
disqualification until test is passed) is amended as follows.
10
(2)
In subsection (3) (order to be made in case of person disqualified in
circumstances, or for period, prescribed by order)—
(a)
for “in such circumstances or for such period” substitute “for such
period, in such circumstances or for such period and in such
circumstances”,
15
(b)
for “prescribe” substitute “specify”, and
(c)
for “may be so prescribed” substitute “the Secretary of State may by
order specify”.
(3)
In subsection (5) (interpretation), for the definition of “appropriate driving
test” substitute—
20
““appropriate driving test” means—
(a)
in such circumstances as the Secretary of State may
prescribe, an extended driving test, and
(b)
otherwise, a test of competence to drive which is not an
extended driving test,”;
25

and, in the definition of “extended driving test”, after “section” insert “by
regulations made by the Secretary of State”.
(4)
In subsection (8) (disqualification to expire on production in accordance with
regulations under section 105 of Road Traffic Act 1988 of evidence of having
passed test), for “under section 105 of the Road Traffic Act 1988” substitute
30
“made by the Secretary of State”.
(5)
In subsection (9) (disqualification to expire by reason of passing of test only in
relation to vehicles of such classes as are prescribed by such regulations), for
“under that section” substitute “made by the Secretary of State”.
(6)
After subsection (13) insert—
35
“(13A)
Before making an order under subsection (3) above the Secretary of
State must consult with such representative organisations as he thinks
fit.”
(7)
Omit subsection (14) (no order to be made under subsection (3) after end of
2001 unless one previously made).
40
(8)
In section 173(2) of the Road Traffic Act 1988 (c. 52) (forgery of documents etc.),
insert at the end “and
(n)
any document produced as evidence of the passing of an
appropriate driving test within the meaning of section 36 of that
Act.”
45

Road Safety Bill [HL]
47

37
Granting of full licence
(1)
In section 89(1) of the Road Traffic Act 1988 (c. 52) (licence not to be granted
unless conditions satisfied), for—
(a)
the words in paragraph (a) before sub-paragraph (i), and
(b)
the words from “that” to “passed” in paragraphs (c) and (e),
5

substitute “that he has, at such time or within such period as is prescribed,
passed”.
(2)
In section 97 of that Act (grant of licences), after subsection (1) insert—
“(1ZA)
Regulations may provide that in prescribed circumstances a licence
granted by the Secretary of State may be granted subject to prescribed
10
conditions having effect—
(a)
for a prescribed period, or
(b)
until the happening of a prescribed event.”
(3)
In section 98(1)(c) of that Act (provisional licence to specify conditions subject
to which it is granted)—
15
(a)
omit “in the case of a provisional licence”, and
(b)
for “the conditions” substitute “any conditions”.
(4)
In section 195 of that Act (provisions as to regulations)—
(a)
in subsection (3), omit “is exercised” and after “189)” insert “is exercised
(otherwise than for the purposes of section 97(1ZA) of this Act)”, and
20
(b)
in subsection (4), after “Act” insert “, or for the purposes of section
97(1ZA) of this Act,”.
38
Compulsory surrender of old-form licences
(1)
In the Road Traffic Act 1988, after section 98 insert—
“98A
Compulsory surrender of old-form licences
25
(1)
The Secretary of State may by order require the holders of licences of a
specified description, or any specified description of the holders of such
licences, to surrender the licences and their counterparts to the
Secretary of State.
(2)
An order under this section may specify as the description of licences
30
to be surrendered—
(a)
licences which are not in the form of a photocard, or
(b)
licences in the form of a photocard of a description no longer
specified by the Secretary of State as a form in which licences are
granted.
35
(3)
An order under this section must specify the date by which the licences
to which it relates (and their counterparts) are to be surrendered; and
may specify different dates in relation to different descriptions of
licence holders.
(4)
An order under this section must include provision for the grant of a
40
new licence to every holder of a licence surrendered (with its
counterpart) in pursuance of the order who—
(a)
pays such fee (if any) as is specified by the order, and

Road Safety Bill [HL]
48

(b)
provides the Secretary of State with such evidence or further
evidence as the Secretary of State may require (which may
include a photograph which is a current likeness of him).
(5)
A replacement licence granted pursuant to provision made by virtue of
subsection (4) above expires on the date on which the surrendered
5
licence would have expired had it not been surrendered (but subject to
subsection (6) below).
(6)
Where the period for which the surrendered licence was granted was
based on an error with respect to the licence holder’s date of birth such
that (if the error had not been made) that licence would have been
10
expressed to expire on a different date, the replacement licence expires
on that different date.
(7)
A person who, without reasonable excuse, fails to comply with any
requirement to surrender a licence and its counterpart imposed by an
order under this section is guilty of an offence.
15
(8)
An order under this section may—
(a)
make different provision for different cases, and
(b)
contain such incidental and supplementary provisions as the
Secretary of State considers appropriate.
(9)
The power to make an order under this section is exercisable by
20
statutory instrument.
(10)
Before making an order under this section the Secretary of State must
consult with such representative organisations as he thinks fit.
(11)
A statutory instrument containing an order under this section is subject
to annulment in pursuance of a resolution of either House of
25
Parliament.”
(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 94A of the Road
Traffic Act 1988 (c. 52) insert—

“RTA section 98A(7)
Driving licence holder
Section 6 of this Act.”

30

failing to surrender licence

and counterpart.

(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 96 of the
Road Traffic Act 1988 insert—
35

“RTA  section
Driving licence
Summarily.
Level 3 on the

”.

98A(7).
holder failing

standard scale.

to surrender

licence and

counterpart.

40
39
Fee for renewal of photocard licence and issue of certain alternative licences
(1)
In section 99 of the Road Traffic Act 1988 (duration of licence)—

Road Safety Bill [HL]
49

(a)
in subsection (7) (grant of new licence free of charge on surrender of
photocard licence after ten years, in cases of error and on change of
name or address), omit “and any licence granted under this subsection
shall be granted free of charge”, and
(b)
After that subsection insert—
5
“(7ZA)
The Secretary of State is not required by subsection (7) above to
grant a new licence on the surrender of a licence and its
counterpart by a person in pursuance of subsection (2A) above
unless the person has paid the fee (if any) which is prescribed;
but any other licence under that subsection is to be granted free
10
of charge.”
(2)
In section 117A(2)(c) and (3) of that Act (disqualification etc. of holders of
Community licences: issue of alternative licences), for “, free of charge,”
substitute “, on payment of such fee (if any) as may be prescribed,”.
40
Driver training
15
(1)
Section 99ZC(1) of the Road Traffic Act 1988 (c. 52) (driver training courses:
supplementary) is amended as follows.
(2)
In paragraphs (b) and (c), after “courses” insert “or giving instruction on such
courses”.
(3)
After paragraph (e) insert “and
20
(f)
provision authorising the Secretary of State to make available
information about persons providing driver training courses or
giving instruction on such courses.”
(4)
In section 173(2) of that Act (forgery of documents etc.), for paragraph (ff)
substitute—
25
“(ff)
any document evidencing the successful completion of a driver
training course provided in accordance with regulations under
section 99ZA of this Act,”.
(5)
In section 174(1) of that Act (false statements), after paragraph (c) insert—
“(ca)
of obtaining a document evidencing the successful completion
30
of a driver training course provided in accordance with
regulations under section 99ZA of this Act, or”.
41
Driving instruction
Schedule 6 contains amendments about driving instruction.
42
Tests: approved assistants
35
In the Road Traffic Act 1988, before section 163 insert—
“Requirement for approval of persons to assist at tests
162A
Approved test assistants
(1)
The Secretary of State may make regulations permitting any person
wishing to be accompanied at a relevant test by another person (a “test
40
assistant”) to be so accompanied if—

Road Safety Bill [HL]
50

(a)
he submits himself for the relevant test in any circumstances in
which the Secretary of State considers it appropriate that he
should be entitled to be so accompanied, and
(b)
the test assistant is approved in accordance with regulations
under this section to accompany people at relevant tests in such
5
circumstances in order to assist them in undergoing the relevant
tests.
(2)
The circumstances in which the Secretary of State considers it
appropriate that a person should be entitled to be accompanied by a
test assistant at a relevant test may include, for example, circumstances
10
in which he is likely to have difficulty in hearing, understanding or
responding to instructions or questions in the course of the relevant test
without assistance.
(3)
The regulations may make provision in relation to the approval of test
assistants and may, in particular, include provision—
15
(a)
in relation to the making of applications for approval,
(b)
for the payment in respect of applications for approval, or of
approvals, (or both) of fees of such amounts as are prescribed,
(c)
in relation to the period for which an approval is to have effect
and withdrawing approval,
20
(d)
authorising the imposition of conditions on an approval,
(e)
for an appeal to lie to the Transport Tribunal against a refusal of
an application for approval, the imposition of conditions on an
approval or the withdrawal of approval,
(f)
prescribing circumstances in which an approved test assistant
25
may not act as such,
(g)
as to the evidencing by persons of their status as approved test
assistants, and
(h)
authorising the Secretary of State to make available (with or
without charge) information about approved test assistants.
30
(4)
The regulations may make different provision in relation to different
cases.
(5)
The following are relevant tests—
(a)
tests of competence to drive a motor vehicle prescribed by
virtue of section 89(3) of this Act or section 36(5) of the Road
35
Traffic Offenders Act 1988,
(b)
examinations of ability and fitness (or continued ability and
fitness) to give driving instruction for which provision is made
by virtue of section 132 of this Act, and
(c)
emergency control assessments under section 133A of this Act.”
40
Regulation of registration plate suppliers
43
Enforcement authorities
(1)
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate
suppliers) is amended as follows.
(2)
In section 26(8) (power of entry for authorised persons: meaning of “authorised
45

Road Safety Bill [HL]
51

person”), for “section by” substitute “section—
(a)
by the Secretary of State, or
(b)
by”.
(3)
In section 30(a) (institution of proceedings for offences), after “by” insert “the
Secretary of State,”.
5
(4)
In section 31(1) (interpretation of Part 2), for the definition of “local authority”
substitute—
““local authority” means—
(a)
in relation to England, a county council, a district
council, a London borough council, the Common
10
Council of the City of London in its capacity as a local
authority or the Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county
borough council;”.
44
Registration plates
15
(1)
Part 2 of the Vehicles (Crime) Act 2001 (c. 3) (regulation of registration plate
suppliers) is amended as follows.
(2)
In section 31(1) (interpretation of Part 2), in paragraph (a) of the definition of
“registration plate”, for “a registration mark” substitute “in accordance with
regulations under paragraph (b) of subsection (4) of section 23 of the 1994 Act
20
a registration mark which complies with regulations under paragraph (a) of
that subsection”.
(3)
Section 28 (offences) is amended as follows.
(4)
After subsection (1) insert—
“(1A)
A person who sells a plate or other device which is not a registration
25
plate only because the registration mark displayed by it—
(a)
does not comply with regulations under paragraph (a) of
subsection (4) of section 23 of the 1994 Act, or
(b)
is displayed otherwise than in accordance with regulations
under paragraph (b) of that subsection,
30

(or both) shall be guilty of an offence.
(1B)
The Secretary of State may by regulations provide that the offence
under subsection (1A) is not committed in circumstances prescribed by
the regulations.”
(5)
In subsection (2), after “(1)” insert “or (1A)”.
35
(6)
In subsection (3), for “subsection (1) or (2)” substitute “this section”.
(7)
In the heading, for “counterfeit registration plates” substitute “plates etc.”
45
Extension to Scotland and Northern Ireland
(1)
Part 2 of the Vehicles (Crime) Act 2001 (regulation of registration plate
suppliers) extends to Scotland and Northern Ireland.
40
(2)
In consequence of subsection (1) that Act is amended as follows.

Road Safety Bill [HL]
52

(3)
In section 17(1) (requirement of registration for registration plate suppliers
carrying on business in England or Wales), omit “in England or Wales”.
(4)
In section 18(5) (certified copy of register or extract from register to be evidence
of matters mentioned in it), after “evidence” insert “(or, in Scotland, sufficient
evidence)”.
5
(5)
In section 20(6) (removal or suspension not to have effect while appeal pending
or capable of being brought: meaning of “appeal”), after the reference to section
111 of the Magistrates’ Courts Act 1980 (c. 43) insert “or Article 146 of the
Magistrates’ Courts (Northern Ireland) Order 1981”.
(6)
For section 23 substitute—
10
“23
Appeals: Part 2
(1)
An appeal against the cancellation by the Secretary of State under
section 21 of a person’s registration may be brought—
(a)
in England and Wales, to a magistrates’ court,
(b)
in Scotland, to the sheriff, or
15
(c)
in Northern Ireland, to a court of summary jurisdiction.
(2)
An appeal under subsection (1) shall be brought within the period of 21
days beginning with the day on which the person concerned is served
with a notice under section 22(7).
(3)
The procedure on an appeal under subsection (1)—
20
(a)
in England and Wales, is to be by way of complaint for an order
and in accordance with the Magistrates’ Courts Act 1980,
(b)
in Scotland, is to be by way of summary application to the
sheriff, and
(c)
in Northern Ireland, is to be by way of notice under Part 7 of the
25
Magistrates’ Courts (Northern Ireland) Order 1981.
(4)
For the purposes of the time limit for bringing an appeal under
subsection (1) the appeal is to be treated as brought—
(a)
in England and Wales, on the making of the complaint,
(b)
in Scotland, on the lodging of the summary application with the
30
sheriff clerk, and
(c)
in Northern Ireland, when a notice is served on the clerk of the
petty sessions under Article 76(2)(a) of the Magistrates’ Courts
(Northern Ireland) Order 1981.
(5)
A party to an appeal to the sheriff under subsection (1) may further
35
appeal, on a point of law only, to the sheriff principal or the Court of
Session; and the decision on such an appeal is final.
(6)
On an appeal under subsection (1) or (5), the court may confirm, vary
or reverse the decision appealed against and generally give such
directions as it considers appropriate having regard to the provisions of
40
this Part.
(7)
The Secretary of State must comply with any directions given by a court
under this section.
(8)
But the Secretary of State need not do so until—