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]
53

(a)
in England and Wales, the time for making an application under
section 111 of the Magistrates’ Courts Act 1980 (application by
way of case stated),
(b)
in Scotland, the time for lodging an appeal under subsection (5),
or
5
(c)
in Northern Ireland, the time for making an application under
Article 146 of the Magistrates’ Courts (Northern Ireland) Order
1981 (application by way of case stated),

has passed.
(9)
And if such an application or appeal is made or lodged, he need not do
10
so until the final determination or withdrawal of the appeal or
application.”
(7)
In section 26 (rights to enter and inspect premises)—
(a)
in subsection (3) (application for warrant), after “justice of the peace”
insert “, or (in Scotland) a justice of the peace, magistrate or sheriff,”,
15
(b)
in subsection (4) (issue of warrant), after “justice” insert “of the peace,
magistrate or sheriff”, and
(c)
in subsection (8) (as amended by section 43(2)), before “by a local
authority” insert “(except in Northern Ireland)”.
(8)
Section 30 (proceedings for offences) (as amended by section 43(3)), is to be
20
renumbered as subsection (1) of that section; and—
(a)
in that subsection, after “instituted” insert “in England and Wales”, and
(b)
after that subsection insert—
“(2)
Proceedings for an offence under this Part shall not be instituted
in Northern Ireland except—
25
(a)
by the Secretary of State or a constable; or
(b)
in any other case, with the consent of the Advocate
General for Northern Ireland.
(3)
In relation to any time before the coming into force of section
27(1) of the Justice (Northern Ireland) Act 2002, the reference in
30
subsection (2)(b) to the Advocate General for Northern Ireland
is to be read as a reference to the Attorney General for Northern
Ireland.”
(9)
In section 31(1) (interpretation), in the definition of “local authority” (as
substituted by section 43(4)), insert at the end “or
35
(c)
in relation to Scotland, a council constituted under section 2 of
the Local Government etc. (Scotland) Act 1994;”.
(10)
In section 39 (offences by body corporate), insert at the end—
“(3)
Where an offence under this Act committed by a Scottish partnership is
proved to have been committed with the consent or connivance of, or
40
to be attributable to any neglect on the part of, a partner, he as well as
the partnership commits the offence and shall be liable to be proceeded
against and punished accordingly.”
(11)
In section 45 (extent)—
(a)
in subsection (1) (provisions extending only to England and Wales), for
45
“Parts 1 and 2,” substitute “Part 1”, and

Road Safety Bill [HL]
54

(b)
in subsection (2), (provisions extending to England and Wales,
Scotland and Northern Ireland), for “Sections” substitute “Part 2 and
sections”.
Information
46
Particulars to be included in vehicles register
5
(1)
Section 7 of the Vehicle Excise and Registration Act 1994 (c. 22) (issue of vehicle
licences) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
The particulars which may be so specified include any particulars
which are required by regulations under section 22(1)(aa) to be
10
recorded on the register in the case of the vehicle for which the licence
is to be taken out; and the declarations and evidence which may be so
specified include declarations and evidence relating to any such
particulars.”
(3)
In subsection (5), before paragraph (a) insert—
15
“(za)
that the requirements imposed by this section in the case of the
vehicle specified in the application have been complied with,”.
(4)
Section 22 of that Act (registration regulations) is amended as follows.
(5)
In paragraph (a) of subsection (1) (provision with respect to registration), for
“(including, in particular, the form of and the particulars to be included in the
20
register of trade licences)” substitute “and trade licences”.
(6)
After that paragraph insert—
“(aa)
prescribe the form of, and the particulars to be included in, the
register of vehicles and the register of trade licences,”.
(7)
In paragraph (d) of that subsection (requirement on person by, through or to
25
whom vehicle is sold or disposed of to furnish particulars)—
(a)
after “person” insert “by whom any vehicle is kept or”,
(b)
for “furnish the particulars” substitute “make any such declarations
and furnish any such particulars and any such documentary or other
evidence as may be”, and
30
(c)
for “in the manner” substitute “and to do so at such times and in such
manner as may be”.
(8)
In paragraph (h) of that subsection (new registration documents), for “or
inaccurate” substitute “or which have become inaccurate for any reason (in
particular by reason of a change in the person by whom the vehicle to which
35
they relate is being kept)”.
(9)
After subsection (1A) insert—
“(1AA)
The particulars which may be required to be included in the register by
regulations under subsection (1)(aa), or to be furnished by regulations
under subsection (1)(d), in the case of a vehicle include—
40
(a)
particulars relating to the vehicle, and
(b)
particulars relating to the person by whom the vehicle is kept;

Road Safety Bill [HL]
55


and the declarations and evidence which may be required to be
furnished by regulations under subsection (1)(d) in the case of a vehicle
include declarations and evidence relating to such particulars.”
(10)
After subsection (1B) insert—
“(1BA)
Regulations under subsection (1)(e) and (h) may, in particular, provide
5
that registration documents, or new registration documents, need not
be issued in respect of a vehicle if particulars required in the case of the
vehicle by regulations under paragraph (d) have not been furnished.”
(11)
Section 45 of that Act (false or misleading declarations and information) is
amended as follows.
10
(12)
In subsection (1), after “misleading” insert “, or produces a document which to
his knowledge is false or in any material respect misleading,”.
(13)
In subsection (2A)—
(a)
after “statement” insert “or produces a document”, and
(b)
for “made in respect of a vehicle” substitute “made or produced”.
15
47
Records of goods vehicle examinations
(1)
In section 49 of the Road Traffic Act 1988 (c. 52) (tests of satisfactory condition
of goods vehicles and determination of plated weights etc.), after subsection (3)
insert—
“(3A)
The Secretary of State must maintain, or cause to be maintained,
20
records containing such particulars as he thinks fit of—
(a)
goods vehicles submitted for examination under this section,
and
(b)
the carrying out of and the results of the examinations.”
(2)
After that section insert—
25
“49A
Use of records of goods vehicle examinations, etc.
(1)
This section applies to—
(a)
the records maintained by the Secretary of State (or caused by
him to be maintained) under section 49(3A) of this Act, and
(b)
the records maintained by the Secretary of State in connection
30
with any functions exercisable by him under or by virtue of the
Vehicle Excise and Registration Act 1994.
(2)
The Secretary of State may use the information contained in records
falling within either paragraph of subsection (1) above—
(a)
to check the accuracy of the records falling within the other
35
paragraph of that subsection, and
(b)
where appropriate, to amend or supplement information
contained in those records.
(3)
The Secretary of State may also use the information contained in
records falling within paragraph (b) of that subsection for the purpose
40
of promoting compliance with section 53 of this Act.
(4)
This section does not limit any powers of the Secretary of State apart
from this section.”

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(3)
In section 22A(6) of the Vehicle Excise and Registration Act 1994 (c. 22) (vehicle
identity checks), after “45(6B)” insert “or 49(3A)”.
48
Disclosure to foreign authorities of licensing and registration information
(1)
The Secretary of State may make any information held by him (in any form) for
the purposes of—
5
(a)
Part 3 or 4 of the Road Traffic Act 1988 (c. 52) (licensing of drivers of
vehicles), or
(b)
Part 2 of the Vehicle Excise and Registration Act 1994 (registration of
vehicles),

available to the authorities of any country or territory outside the United
10
Kingdom with responsibility under the law of that country or territory for the
regulation of drivers or vehicles for use by them in the discharge of that
responsibility.
(2)
The Department of the Environment may make any information held by it (in
any form) for the purposes of—
15
(a)
Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154
(N.I. 1)) (licensing of drivers of vehicles), or
(b)
Articles 70 to 79 of that Order (licensing of drivers of large goods
vehicles and passenger-carrying vehicles),

available to the authorities of any country or territory outside the United
20
Kingdom with responsibility under the law of that country or territory for the
regulation of drivers or vehicles for use by them in the discharge of that
responsibility.
Miscellaneous
49
Trunk road picnic areas
25
In section 112 of the Highways Act 1980 (c. 66) (provision of picnic sites and
public conveniences for users of trunk roads)—
(a)
in subsection (1) (power to provide trunk road picnic areas), omit “that
is not a special road”,
(b)
in subsection (3) (power to manage), after “picnic area” insert
30
“(including, in particular, by enforcing controls on parking there and
recovering the costs of doing so)”,
(c)
in subsection (4) (power to make arrangements for the provision of
conveniences, facilities, meals or refreshments with anyone other than
a council), omit “, other than a council,”, and
35
(d)
in subsection (5) (power to provide conveniences), omit “that is not a
special road”.
50
Safety arrangements at level crossings
(1)
Section 1 of the Level Crossings Act 1983 (c. 16) (safety arrangements at level
crossings) is amended as follows.
40
(2)
For paragraph (a) of subsection (2) substitute—
“(a)
may require the operator of the crossing or the local traffic
authority (or both) to provide at or near the crossing any

Road Safety Bill [HL]
57

protective equipment specified in the order and to maintain and
operate that equipment in accordance with the order;”.
(3)
In paragraph (b) of that subsection, after “impose” insert “on the operator”.
(4)
In subsection (3)(b), omit “barriers or other”.
(5)
In subsection (5)(b), for “include requirements as to” substitute “impose
5
requirements as to protective”.
(6)
For subsection (6) substitute—
“(6)
The Secretary of State may make an order under this section in respect
of a level crossing on being requested to do so by the operator of the
crossing or without a request by the operator.
10
(6ZA)
The Secretary of State may not make an order without a request by the
operator unless—
(a)
he has consulted the Office of Rail Regulation and the local
traffic authority about the order he proposes to make; and
(b)
having done so, he has sent to the operator, the Office of Rail
15
Regulation and the local traffic authority a copy of a draft of the
order he proposes to make and a notice specifying the period
(not being less than two months) within which they may make
representations to him in respect of his proposal to make the
order.”
20
(7)
For subsection (8) substitute—
“(8)
Before making a request the operator—
(a)
must consult the Office of Rail Regulation and the local traffic
authority about the draft order he intends to submit to the
Secretary of State; and
25
(b)
having done so, must give written notice to the Office of Rail
Regulation and the local traffic authority of his intention to
make a request.
(8A)
A notice given under subsection (8)—
(a)
must be accompanied by a copy of the draft order which the
30
operator intends to submit to the Secretary of State; and
(b)
must specify the period (not being less than two months) within
which the Office of Rail Regulation and the local traffic
authority may make representations to the Secretary of State in
respect of the request.”
35
(8)
In subsection (9), for “(6) or (8)” substitute “(6ZA) or (8A)”.
(9)
In subsection (11)—
(a)
omit the definition of “local authority”,
(b)
before the definition of “operator” insert—
““local traffic authority”, in relation to a crossing, means the
40
authority which for the purposes of the Road Traffic Regulation
Act 1984 is the local traffic authority for the road crossed by the
railway at the crossing;”, and
(c)
in the definition of “protective equipment”, after “includes” insert
“barriers,”.
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