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]
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Vehicles modified to run on fuel stored under pressure
(1)
The Road Traffic Act 1988 (c. 52) is amended as follows.
(2)
Section 41 (regulation of construction, weight, equipment and use of vehicles)
is amended as follows.
(3)
In subsection (2), after paragraph (b) insert—
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“(ba)
the modification of motor vehicles to enable them to be
propelled using fuel stored under pressure,”.
(4)
After that subsection insert—
“(2A)
Regulations under this section with respect to the modification of
motor vehicles to enable them to be propelled using fuel stored under
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pressure may include provision—
(a)
as to the examination, by persons authorised in accordance with
regulations, of motor vehicles that have been so modified, the
issuing of certificates by them in respect of such vehicles and the
making of charges by them,
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(b)
requiring authorised persons to notify the Secretary of State of
any such examinations carried out by them,
(c)
as to appeals against any decision by an authorised person not
to issue a certificate,
(d)
as to applications to the Secretary of State for authorisation and
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charges in connection with them,
(e)
imposing or providing for the imposition of conditions to be
complied with by authorised persons,
(f)
as to the withdrawal of authorisations.”
(5)
In section 66 (regulations prohibiting the grant of excise licences for certain
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vehicles except on compliance with certain conditions), after subsection (7)
insert—
“(7A)
The Secretary of State may by regulations provide, in relation to
vehicles required to be examined and certified by regulations under
section 41(2A)(a) of this Act, that the first licence for such a vehicle
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under the Vehicle Excise and Registration Act 1994 for a period after the
requirement applies to the vehicle is to be granted only if evidence is
provided that a certificate has been issued in accordance with those
regulations.”
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Powers to regulate transport of radioactive material
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(1)
Section 2 of the Radioactive Material (Road Transport) Act 1991 (c. 27)
(regulations for preventing injury or damage from transport by road of
radioactive material) is amended as follows.
(2)
In subsection (2), for paragraph (d) and the word “and” before it substitute—
“(d)
the keeping of records and the production, inspection, removal,
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retention and copying of records and other documents;
(e)
the provision of information and the answering of questions
(including the making of declarations as to the truth of answers
and their admissibility in evidence); and
(f)
the provision of facilities and assistance in connection with the
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carrying out of functions conferred by the regulations.”

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(3)
In subsection (3), before paragraph (a) insert—
“(za)
make provision for the imposition of requirements by
inspectors and examiners;”.
(4)
In subsection (4), after “with any” insert “requirement imposed by or by virtue
of”.
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Private hire vehicles in London
In the definition of “private hire vehicle” in section 1(1)(a) of the Private Hire
Vehicles (London) Act 1998 (c. 34) (vehicle, other than a taxi or public service
vehicle, seating fewer than nine passengers made available with a driver to the
public for hire to carry passengers), omit “to the public”.
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54
Minor corrections
(1)
In section 88(1) of the Road Traffic Act 1988 (c. 52) (exceptions to requirement
to hold driving licence), after “any class” insert “at any time”.
(2)
In section 105(5) of that Act (regulations: “the relevant provisions of the Road
Traffic Offenders Act 1988”), after “34” insert “, 35”.
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(3)
In section 45 of the Road Traffic Offenders Act 1988 (c. 53) (effect of
endorsement)—
(a)
in subsection (6), for “that Act” substitute “the Road Traffic Act 1988”,
and
(b)
in subsection (7)(a), at the beginning insert “under”.
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(4)
In section 79(1) of that Act (statements by constables), for “54(3)” substitute
“54(4)”.
(5)
In section 90 of that Act (index of expressions)—
(a)
in the entry relating to the expression “conditional offer”, for “75(3)”
substitute “75(5)”, and
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(b)
in the entry relating to “fixed penalty clerk”, for “75(4)” substitute
“75(6)”.
(6)
In Schedule 1 to that Act (offences to which certain sections apply), after the
entry relating to section 94A of the Road Traffic Act 1988 insert—

“RTA section 99(5)
Driving licence holder
Section 6 of this Act.”

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failing to surrender licence

and counterpart.

Supplementary
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Repeals and revocations
Schedule 7 contains repeals and revocations (including repeals of some spent
35
enactments).

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Power to make amendments
(1)
The Secretary of State may by order make such amendments (including repeals
and revocations) as may appear appropriate in consequence of any provision
contained in this Act—
(a)
in any enactment contained in an Act passed, and
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(b)
in any instrument made,

before, or in the same Session as that in which, the provision comes into force.
(2)
An order under subsection (1) may include any appropriate transitional
provisions or savings.
(3)
The power to make an order under subsection (1) is exercisable by statutory
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instrument.
(4)
No order shall be made under subsection (1) unless a draft of the order has
been laid before, and approved by a resolution of, each House of Parliament.
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Commencement
(1)
The preceding provisions of this Act come into force on such day as the
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Secretary of State may by order made by statutory instrument appoint (but
subject to subsections (7) to (10)).
(2)
Different days may be appointed for different purposes.
(3)
Any provision of this Act which alters any penalty for an offence has effect only
in relation to offences committed after the coming into force of the provision.
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(4)
Section 2B of the Road Traffic Act 1988 (c. 52) (inserted by section 19) has effect
only in relation to driving occurring after the coming into force of that section;
and section 3ZB of that Act (inserted by section 20) has effect only in relation to
driving occurring after the coming into force of that section.
(5)
In relation to an offence under section 2B or 3ZB of the Road Traffic Act 1988
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committed before the commencement of section 154(1) of the Criminal Justice
Act 2003 (c. 44), the references in column 4 of Part 1 of Schedule 2 to the Road
Traffic Offenders Act 1988 (c. 53) relating to offences under those sections have
effect with the omission of the words “12 months (in England and Wales) or”
and “(in Scotland)”.
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(6)
The Secretary of State may by order made by statutory instrument make such
transitional provisions and savings as he considers appropriate in connection
with the coming into force of any provision of this Act.
(7)
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
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(a)
section 1, and
(b)
section 48.
(8)
The day on which sections 7 and 8 and Schedule 2 (and the repeals contained
in Schedule 7 under the heading “Endorsement: unlicensed and foreign
drivers”) come into force must be—
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(a)
later than the day on which section 4 and Schedule 1 (and the repeals
contained in Schedule 7 under the heading “Giving of fixed penalty
notices by vehicle examiners”) come into force, but

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(b)
earlier than the day on which section 9 and Schedule 3 (and the repeals
contained in Schedule 7 under the heading “Endorsement: all drivers”)
come into force.
(9)
Sections 54 and 56, and the repeals contained in Schedule 7 under the heading
“Spent enactments” (and section 55 so far as relating to them), come into force
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on the day on which this Act is passed; but section 54(6) has effect only in
relation to offences committed on or after that day.
(10)
Any power to make an order or regulations which is conferred by any
provision of this Act may be exercised at any time after the passing of this Act.
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Extent
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(1)
Section 1 extends only to England and Wales.
(2)
Sections 10(3) and 15 and Schedule 4 extend only to England and Wales and
Scotland.
(3)
Section 48(2) extends only to Northern Ireland.
(4)
Apart from the amendments made by sections 1 and 45, the amendments (and
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repeals and revocations) made by this Act have the same extent as the
enactments and instruments amended (or repealed or revoked).
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Short title
This Act may be cited as the Road Safety Act 2006.