Road Safety Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Road Safety Bill [HL]

Road Safety Bill [HL]
Schedule 4 — Prohibition on driving: immobilisation, removal and disposal of vehicles
97

      (4)
The regulations may provide that the person into whose custody the vehicle
is delivered may dispose of it, and may in particular make provision as to—
(a)
the time at which the vehicle may be disposed of, and
(b)
the manner in which it may be disposed of.
      (5)
The regulations may make provision allowing a person to take possession of
5
the vehicle if—
(a)
he claims it before it is disposed of, and
(b)
any prescribed conditions are fulfilled.
      (6)
The regulations may provide for a sum of an amount arrived at under
prescribed rules to be paid to a person if—
10
(a)
he claims after the vehicle’s disposal to be or to have been its owner
or to have been the person in charge of the vehicle when it was
removed,
(b)
the claim is made within a prescribed time of the disposal, and
(c)
any other prescribed conditions are fulfilled.
15
      (7)
The regulations may provide that (whether or not a claim is made under
provision made under sub-paragraph (5) or (6))—
(a)
the Secretary of State, or
(b)
a person into whose custody the vehicle is delivered under the
regulations,
20

may recover from the vehicle’s owner or the person in charge of the vehicle
such charges as may be prescribed in respect of all or any of its release,
removal, custody and disposal.
      (8)
In sub-paragraph (7) “person in charge” and “owner”, in relation to a
vehicle, means the person who was in charge of the vehicle or was the
25
vehicle’s owner when it was removed.
      (9)
The conditions prescribed under sub-paragraph (5) may include conditions
as to—
(a)
satisfying the person with custody that the claimant is the vehicle’s
owner or was the person in charge of the vehicle when it was
30
removed,
(b)
the payment of prescribed charges in respect of the vehicle’s release,
removal and custody, and
(c)
the production of such evidence as may be prescribed establishing
that the prohibition has been removed.
35
     (10)
The regulations may in particular include provision for purposes
corresponding to those of sections 101 and 102 of the Road Traffic
Regulation Act 1984 (c. 27) (disposal and charges) subject to such additions,
omissions or other modifications as the Secretary of State thinks fit.
Offences as to securing possession of vehicles
40
5     (1)
The regulations may provide that a person who fails to comply within a
reasonable time with a direction under provision made under sub-
paragraph (1) or (2) of paragraph 4 is guilty of an offence and liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
      (2)
The regulations may provide that where—
45

Road Safety Bill [HL]
Schedule 4 — Prohibition on driving: immobilisation, removal and disposal of vehicles
98

(a)
a person makes a declaration with a view to securing possession of a
vehicle purported to have been delivered into the custody of a
person in accordance with provision made under paragraph 4,
(b)
the declaration is that the prohibition has been removed, and
(c)
the declaration is to the person’s knowledge either false or in any
5
material respect misleading,

he is guilty of an offence.
      (3)
The regulations may provide that a person guilty of an offence for which
provision is made under sub-paragraph (2) is liable—
(a)
on summary conviction, to a fine not exceeding the statutory
10
maximum, or
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years, or to a fine, or both.
Disputes
6
The regulations may make provision about the proceedings to be followed
15
where a dispute occurs as a result of the regulations, and may in particular
make provision—
(a)
for an application to be made to a magistrates’ court or (in Scotland)
to the sheriff, or
(b)
for a court to order a sum to be paid by the Secretary of State.
20
Authorised persons
7
As regards anything falling to be done under the regulations (such as
receiving payment of a charge or other sum) the regulations may provide
that it may be done—
(a)
by an authorised person, or
25
(b)
by an authorised person or a person acting under his direction.
Application of Road Traffic Offenders Act 1988 (c. 53)
8
The regulations may make provision for the application of any or all of
sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act 1988 to an offence
for which provision is made by the regulations.
30
Interpretation
9
References in this Schedule to a vehicle include references to any trailer
drawn by the vehicle.
10    (1)
This paragraph makes provision about the meaning of “authorised person”
for the purposes of this Schedule.
35
      (2)
Where the driving of the vehicle has been prohibited under section 99A(1) of
the Transport Act 1968 (c. 73), section 1(2) of the Road Traffic (Foreign
Vehicles) Act 1972 (c. 27) or section 69 of the Road Traffic Act 1988 (c. 52),
“authorised person” means—
(a)
an examiner appointed by the Secretary of State under section 66A of
40
the Road Traffic Act 1988, or

Road Safety Bill [HL]
Schedule 5 — New Schedule 2A to the Road Traffic Act 1988
99

(b)
a constable authorised by or on behalf of a chief officer of police to
act for the purposes of the provision under which the driving of the
vehicle has been prohibited.
      (3)
Where the driving of the vehicle has been prohibited under section 1(3) of
the Road Traffic (Foreign Vehicles) Act 1972 (c. 27), “authorised person”
5
means a person authorised to exercise the powers of section 78 of the Road
Traffic Act 1988 (c. 52) with respect to the weighing of motor vehicles and
trailers.
      (4)
Where the driving of the vehicle has been prohibited under section 70 of the
Road Traffic Act 1988, “authorised person” means a person mentioned in
10
sub-paragraph (2) or a person authorised with the consent of the Secretary
of State to act for the purposes of subsection (1) of that section by—
(a)
a highway authority other than the Secretary of State, or
(b)
a local roads authority in Scotland.
      (5)
Where the driving of the vehicle has been prohibited under section 90D of
15
the Road Traffic Act 1988, “authorised person” means—
(a)
an examiner appointed by the Secretary of State under section 66A of
the Road Traffic Act 1988, or
(b)
a constable.
11
In this Schedule—
20
(a)
references to an immobilisation device are to a device or appliance
which is an immobilisation device for the purposes of section 104 of
the Road Traffic Regulation Act 1984 (c. 27) (immobilisation of
vehicles illegally parked), and
(b)
references to an immobilisation notice are to a notice fixed to a
25
vehicle in accordance with the regulations.
12
In this Schedule “prescribed” means prescribed by the regulations.
13    (1)
The regulations may make provision as to the meaning for the purposes of
the regulations of “owner” as regards a vehicle.
      (2)
In particular, the regulations may provide that for the purposes of the
30
regulations the owner of a vehicle is taken to be the person in whose name
it is then registered under the Vehicle Excise and Registration Act 1994
(c. 22).
Supplementary provisions about regulations
14    (1)
The power to make regulations under this Schedule is exercisable by
35
statutory instrument.
      (2)
A statutory instrument containing regulations under this Schedule is subject
to annulment in pursuance of a resolution of either House of Parliament.
Schedule 5
Section 21

New Schedule 2A to the Road Traffic Act 1988
40

The Schedule inserted after Schedule 2 to the Road Traffic Act 1988 is as

Road Safety Bill [HL]
Schedule 5 — New Schedule 2A to the Road Traffic Act 1988
100

follows—
“Schedule 2A
Section 144D

Offence of keeping vehicle which does not meet insurance
requirements: immobilisation, removal and disposal of vehicles
Immobilisation
5
1     (1)
Regulations may make provision with respect to any case where
an authorised person has reason to believe that, on or after such
date as may be prescribed, an offence under section 144A of this
Act is being committed as regards a vehicle which is stationary on
a road or other public place.
10
      (2)
The regulations may provide that the authorised person or a
person acting under his direction may—
(a)
fix an immobilisation device to the vehicle while it remains
in the place where it is stationary, or
(b)
move it from that place to another place on the same or
15
another road or public place and fix an immobilisation
device to it in that other place.
      (3)
The regulations may provide that on any occasion when an
immobilisation device is fixed to a vehicle in accordance with the
regulations the person fixing the device must also fix to the vehicle
20
a notice—
(a)
indicating that the device has been fixed to the vehicle and
warning that no attempt should be made to drive it or
otherwise put it in motion until it has been released from
the device,
25
(b)
specifying the steps to be taken to secure its release, and
(c)
giving such other information as may be prescribed.
      (4)
The regulations may provide that a vehicle to which an
immobilisation device has been fixed in accordance with the
regulations—
30
(a)
may only be released from the device by or under the
direction of an authorised person, but
(b)
subject to that, must be released from the device if the first
and second requirements specified below are met.
      (5)
The first requirement is that such charge in respect of the release
35
as may be prescribed is paid in any manner specified in the
immobilisation notice.
      (6)
The second requirement is that, in accordance with instructions
specified in the immobilisation notice, there is produced such
evidence as may be prescribed establishing—
40
(a)
that any person who proposes to drive the vehicle away
will not in doing so be guilty of an offence under section
143 of this Act, and
(b)
that the person in whose name the vehicle is registered
under the Vehicle Excise and Registration Act 1994 is not
45
guilty of an offence under section 144A of this Act as
regards the vehicle.

Road Safety Bill [HL]
Schedule 5 — New Schedule 2A to the Road Traffic Act 1988
101

      (7)
The regulations may provide that they do not apply in relation to
a vehicle if—
(a)
a current disabled person’s badge is displayed on the
vehicle, or
(b)
such other conditions as may be prescribed are fulfilled,
5

and “disabled person’s badge” means a badge issued, or having
effect as if issued, under any regulations for the time being in force
under section 21 of the Chronically Sick and Disabled Persons Act
1970.
      (8)
The regulations may provide that an immobilisation notice is not
10
to be removed or interfered with except by or on the authority of
a person falling within a prescribed description.
Offences connected with immobilisation
2     (1)
The regulations may provide that a person contravening provision
made under paragraph 1(8) above is guilty of an offence.
15
      (2)
The regulations may provide that a person who, without being
authorised to do so in accordance with provision made under
paragraph 1 above, removes or attempts to remove an
immobilisation device fixed to a vehicle in accordance with the
regulations is guilty of an offence.
20
      (3)
The regulations may provide that where they would apply in
relation to a vehicle but for provision made under paragraph
1(7)(a) above and the vehicle was not, at the time it was stationary,
being used—
(a)
in accordance with regulations under section 21 of the
25
Chronically Sick and Disabled Persons Act 1970, and
(b)
in circumstances falling within section 117(1)(b) of the
Road Traffic Regulation Act 1984 (use where a disabled
person’s concession would be available),

the person in charge of the vehicle at that time is guilty of an
30
offence.
      (4)
The regulations may provide that where—
(a)
a person makes a declaration with a view to securing the
release of a vehicle from an immobilisation device
purported to have been fixed in accordance with the
35
regulations,
(b)
the declaration is that no offence under section 144A of this
Act is or was being committed as regards the vehicle, and
(c)
the declaration is to the person’s knowledge either false or
in any material respect misleading,
40

he is guilty of an offence.
Removal and disposal of vehicles
3     (1)
The regulations may make provision with respect to any case
where—
(a)
an authorised person has reason to believe that an offence
45
under section 144A of this Act is being committed as
regards a vehicle which is stationary on a road or other

Road Safety Bill [HL]
Schedule 5 — New Schedule 2A to the Road Traffic Act 1988
102

public place, and such conditions as may be prescribed are
fulfilled, or
(b)
an authorised person has reason to believe that such an
offence was being committed as regards a vehicle at a time
when an immobilisation device which is fixed to the
5
vehicle was fixed to it in accordance with the regulations,
and such conditions as may be prescribed are fulfilled.
      (2)
The regulations may provide that the authorised person, or a
person acting under his direction, may remove the vehicle and
deliver it into the custody of a person—
10
(a)
who is identified in accordance with prescribed rules, and
(b)
who agrees to accept delivery in accordance with
arrangements agreed between that person and the
Secretary of State,

and the arrangements may include provision as to the payment of
15
a sum to the person into whose custody the vehicle is delivered.
      (3)
The regulations may provide that the person into whose custody
the vehicle is delivered may dispose of it, and may in particular
make provision as to—
(a)
the time at which the vehicle may be disposed of, and
20
(b)
the manner in which it may be disposed of.
      (4)
The regulations may make provision allowing a person to take
possession of the vehicle if—
(a)
he claims it before it is disposed of, and
(b)
any prescribed conditions are fulfilled.
25
      (5)
The regulations may provide for a sum of an amount arrived at
under prescribed rules to be paid to a person if—
(a)
he claims after the vehicle’s disposal to be or to have been
its owner,
(b)
the claim is made within a prescribed time of the disposal,
30
and
(c)
any other prescribed conditions are fulfilled.
      (6)
The regulations may provide that—
(a)
the Secretary of State, or
(b)
a person into whose custody the vehicle is delivered under
35
the regulations,

may recover from the vehicle’s owner (whether or not a claim is
made under provision made under sub-paragraph (4) or (5)
above) such charges as may be prescribed in respect of all or any
of the following, namely its release, removal, custody and
40
disposal; and “owner” means the person who was the owner when
the vehicle was removed.
      (7)
The conditions prescribed under sub-paragraph (4) above may
include conditions as to—
(a)
satisfying the person with custody that the claimant is the
45
vehicle’s owner,
(b)
the payment of prescribed charges in respect of the
vehicle’s release, removal and custody,

Road Safety Bill [HL]
Schedule 5 — New Schedule 2A to the Road Traffic Act 1988
103

(c)
the production of such evidence as may be prescribed
establishing that in driving the vehicle away the claimant
will not be guilty of an offence under section 143 of this
Act, and
(d)
the production of such evidence as may be prescribed
5
establishing that the person in whose name the vehicle is
registered under the Vehicle Excise and Registration Act
1994 is not guilty of an offence under section 144A of this
Act as regards the vehicle.
      (8)
The regulations may in particular include provision for purposes
10
corresponding to those of sections 101 and 102 of the Road Traffic
Regulation Act 1984 (disposal and charges) subject to such
additions, omissions or other modifications as the Secretary of
State thinks fit.
Offences as to securing possession of vehicles
15
4
The regulations may provide that where—
(a)
a person makes a declaration with a view to securing
possession of a vehicle purported to have been delivered
into the custody of a person in accordance with provision
made under paragraph 3 above,
20
(b)
the declaration is that no offence under section 144A of this
Act is or was being committed as regards the vehicle, and
(c)
the declaration is to the person’s knowledge either false or
in any material respect misleading,

he is guilty of an offence.
25
Disputes
5
The regulations may make provision about the proceedings to be
followed where a dispute occurs as a result of the regulations, and
may in particular make provision—
(a)
for an application to be made to a magistrates’ court or (in
30
Scotland) to the sheriff, or
(b)
for a court to order a sum to be paid by the Secretary of
State.
Authorised persons
6
As regards anything falling to be done under the regulations (such
35
as receiving payment of a charge or other sum) the regulations
may provide that it may be done—
(a)
by an authorised person, or
(b)
by an authorised person or a person acting under his
direction.
40
Application of Road Traffic Offenders Act 1988
7
The regulations may make provision for the application of any or
all of sections 1, 6, 11 and 12(1) of the Road Traffic Offenders Act
1988 to an offence for which provision is made by the regulations.