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House of Commons
Session 2005-06
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given up to and including

Thursday 5th October 2006

      New Amendments handed in are marked thus *

Consideration of Bill


Road Safety BIll [Lords], As Amended


NEW CLAUSES

Immediate suspension and revocation of drivers licences

Mr Secretary Alexander

NC6

    To move the following Clause:—

      ‘(1) Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London) is amended as follows.

      (2) In section 61 (suspension and revocation of drivers’ licences), after subsection (2) insert—

      “(2A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section.

      (2B) If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.”

      (3) In subsection (3) of that section, after “under” insert “subsection (1) of”.

      (4) In section 77 (appeals), after subsection (2) insert—

      “(3) Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.”.’.


Abolition of contract exemption

Mr Secretary Alexander

NC7

    To move the following Clause:—

      ‘In section 75(1) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London: savings), omit paragraph (b) (vehicles used only for carrying passengers for hire or reward under contract for hire for not less than 7 day period).’.


Delegation of power to make level crossing orders

Mr Secretary Alexander

NC28

    * To move the following Clause:—

      ‘(1) In paragraph 7 of Schedule 3 to the Railways Act 2005 (c. 14) (agreements by Secretary of State and Office of Rail Regulation for that Office to carry out on his behalf functions other than powers to make instruments of legislative character), after sub-paragraph (3) insert—

    “(4) Sub-paragraph (3)(b) does not prevent the Secretary of State and the Office of Rail Regulation from entering into an agreement for that Office to carry out on his behalf the function of making orders under section 1 of the Level Crossings Act 1983.”

      (2) Subsection (2) of section 13 of the Health and Safety at Work etc. Act 1974 (c. 37) (agreements by Health and Safety Commission with Minister to perform functions on his behalf not to be taken to authorise performance of powers to make instruments of legislative character) is not to be taken to have prevented the performance by the Health and Safety Executive (on behalf of the Health and Safety Commission), in reliance on an agreement under subsection (1)(b) of that section, of the function of making orders under section 1 of the Level Crossings Act 1983 (c. 16).’.


Driving with illegal drugs

Mr Christopher Chope
Mr Greg Knight

NC1

    To move the following Clause:—

      ‘A person who when driving or attempting to drive a mechanically propelled vehicle on a road or other place is found to have traces of an illegal drug in his body shall be guilty of an offence.’.


Operation of traffic lights

Mr Greg Knight
Mr Christopher Chope

NC2

    To move the following Clause:—

      ‘(1) The Secretary of State shall issue guidance on the operation and maintenance of all traffic lights with a view to ensuring that—

        (a) unnecesary delays are minimised, and

        (b) traffic congestion is reduced.

      (2) In drawing up guidance the Secretary of State shall consult local authorities and such other persons (if any) as he considers it appropriate to consult.’.


Court Presentation Officer

Mr David Kidney

NC3

    To move the following Clause:—

      ‘(1) Designated members of a relevant police constabulary shall, for the purposes of this section, have the powers and rights of audience of a Crown Prosecutor in relation to the prosecution of—

        (a) the offences listed in paragraphs 1, 3, 4 and 5 of Schedule 1 to the Prosecutions of Offences Act 1985 (Specified Proceedings) Order 1999 (S.I. 1999/904);

        (b) specified offences that cease to be specified when a magistrates’ court begins to receive evidence in those proceedings where a defendant does not enter a plea.

      (2) A designated member of a relevant police constabulary shall not have rights of audience when an offence ceases to be specified where the defendant enters a not guilty plea and the case proceeds to trial.

      (3) A member of a relevant police constabulary shall be designated for the purposes of this section if that member is a recognised designated court presentation officer employed for that purpose.

      (4) A recognised designated court presentation officer must not also be a serving member of a police authority.

      (5) In designating a member of a relevant police constabulary a court presentation officer, the constabulary must have regard to any guidance issued by the Secretary of State.

      (6) In exercising his role as a designated court presentation officer, a police officer must have regard to any advice or guidance issued by the Secretary of State.

      (7) The Secretary of State may, by regulation, issue guidance on the recruitment, training and operation of designated court presentation officers.

      (8) Before publishing such guidance, the Secretary of State may consult with such organisations as he considers appropriate.’.


Obligation of approved driving instructors to consult with local authorities

Harry Cohen

NC4

    To move the following Clause:—

      ‘(1) It shall be a requirement of all approved driving instructors that they will consult annually with local authorities in determining which highways they may use while providing driving instruction.

      (2) In section 125 of the Road Traffic Act 1988, after subsection (5) insert—

      “(5A) The entry of a person’s name in the register shall be subject to the condition that, so long as his name is in the register, he will comply with section [Obligation of approved driving instructors to consult with local authorities] of the Road Safety Act 2006 (c. ).”

      (3) An “approved driving instructor” means an instructor registered under section 125 of the Road Traffic Act 1988.

      (4) A local authority means—

        (a) in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London in its capactiy as a local authority or the Council of the Isles of Scilly;

        (b) in relation to Wales, a county council or county borough council.’.


Medical fitness to drive

Mrs Linda Riordan

NC5

    To move the following Clause:—

      ‘(1) The Motor Cars (Driving Instructions) Regulations 2005 are amended as follows—

      (2) In regulation 5, paragraph (b), after “users”, insert “recognising the dangers posed by driving while medically unfit to drive”.

      (3) The Motor Vehicles (Driving Licences) Regulations 1999 are amended as follows—

      (4) In regulation 71(1), after paragraph (e) insert—

        “(f) liability to sudden attacks of disabling giddiness, faintness or drowsiness caused by a sleep disorder.”.

      (5) In regulation 71, after paragraph (2) insert—

      “( ) The disability prescribed in paragraph (1)(c) is prescribed for the purpose of section 92(4)(b) of the Road Traffic Act in relation to an application for a Group 1 or Group 2 licence if the applicant suffering from that disability satisfies the Secretary of State that—

        (a) the driving of the vehicle by him in pursuance of the licence is not likely to be a source of danger to the public; and

        (b) he has made adequate arrangements to recieve regular medical supervision by a sleep disorder specialist who holds a hospital appointment.”.’.


Breach of requirement relating to seat belts

Mr David Kidney

NC8

    To move the following Clause:—

      ‘In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences undert the Traffic Acts)—

        (a) for the entry relating to section 14 of the Road Traffic Act 1988 (c. 52) (driving or riding in a motor vehicle in contravention of regulations requiring wearing of seat belts) in column (6) (Endorsement) insert “obligatory”; and

        (b) in column (7) (Penalty points) insert “2-6”.’.


Road Safety Review (Hours of Darkness)

Mr Greg Knight

NC9

    To move the following Clause:—

      ‘(1) The Secretary of State shall within two years of the coming into force of this Act conduct a road safety review to examine ways of reducing road casualties (“the road safety review”) and accidents occuring during hours of darkness.

      (2) The road safety review shall include but not be limited to an examination of the effects of extending British Summer Time throughout the year in all or part of the United Kingdom.’.


LGV speed limits

Mr Robert Goodwill
Mr Greg Knight

NC10

    To move the following Clause:—

      ‘In Schedule 6 to the Road Traffic Regulation Act 1984 (speed limits for vehicles of certain classes), in paragraph 5(2)(b)(iii), column 3(c), leave out “40” and insert “45”.’.


Vehicle data recording devices

Rob Marris

NC11

    To move the following Clause:—

      ‘(1) A Vehicle Data Recording Device (“VDRD”) is a device which records such data relating to the progress and manner of driving of a motor vehicle as the Secretary of State may by regulations prescribe.

      (2) The Secretary of State may by regulations designate a class or classes of motor vehicles which shall be fitted with a VDRD.

      (3) The Secretary of State may by regulations prescribe—

        (a) the data which a VDRD must record, and how and by whom and for how long such data must be retained; and

        (b) the technical specifications of a VDRD.

      (4) Before the Secretary of State makes regulations under subsections (1) to (3), he shall consult with the Society of Motor Manufacturers & Traders and such other organisations as he considers appropriate.

      (5) The power to make regulations under this section is exercisable by statutory instrument; and a statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

      (6) A person commits an offence if he uses a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3) designated as a class of vehicle to which a VDRD must be fitted, and that person knows, or has reasonable grounds to believe, that the motor vehicle—

        (a) does not have a VDRD fitted; or

        (b) has a defective VDRD fitted.

      (7) A person commits an offence if he knowingly causes or permits another person to use a motor vehicle of a class which the Secretary of State has, by regulations made under subsection (3), designated as a class of vehicle to which a VDRD must be fitted, and knows or has reasonable grounds to believe that the motor vehicle—

        (a) does not have a VDRD fitted, or

        (b) has a defective VDRD fitted.

      (8) A person who commits an offence under subsections (6) or (7) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale.

      (9) A person who does anything with the intention of preventing data being recorded or retained by VDRD is guilty of an offence, unless the motor vehicle in which that VDRD was fitted has been destroyed and he knows that there are no court proceedings likely to be started or pursued.

      (10) A person who commits an offence under subsection (9) shall on conviction be liable to a fine not exceeding Level 4 on the standard scale.

      (11) Subsections (6) and (7) shall not come into effect until regulations made under subsections 1 to 3 have come into effect.

      (12) Data recorded or retained by a VDRD fitted to a vehicle involved in a road traffic incident in which an injury occurs may be used only—

        (a) for the purpose of bona fide research,

        (b) by the police or other lawful authorities when investigating the causes of any such accident, or

        (c) in connection with the bringing of court proceedings (whether criminal or civil) as a result of any such accident, whether or not any such proceedings are in the event commenced, but shall not be used for any other purpose.’.


Retro-reflective markings

Mr David Drew
Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham
Mr John Leech
Andrew Stunell
Total signatories: 12

    Dr Phyllis Starkey Mrs Betty Williams John Thurso

    Mr Alistair Carmichael Paul Rowen Mr John Leech

NC12

    * To move the following Clause:—

      ‘In the Road Traffic Act 1988 (c. 52), after section 80 (approval marks) insert—

    80A Retro-reflective markings

      The Secretary of State shall, by 31st December 2007, by regulations made by statutory instrument required the fitting of retro-reflective tape complying with ECE 104 to international category vehicles N2 and N3 and on goods trailers under the international classification 03 and 04 newly registered in the United Kingdom.”.’.


Causing death by reckless driving

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC13

    * To move the following Clause:—

      ‘(1) In the Road Traffic Act 1988, after section 1 insert—

    Causing death by reckless driving

      (1) A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place recklessly is guilty of an offence.

      (2) For the purposes of subsection (1) a person is to be regarded as driving recklessly if—

        (a) the way he drives falls far below what would be expected of a competent driver and this must have been evident to him, or

        (b) it must have been evident to him that driving the vehicle he was driving or proposing to drive in its current state was reckless.”.

      (2) In the Road Traffic Offenders Act 1988, after section 24 insert—

    Alternative verdicts (reckless driving)

      (1) Where—

        (a) a person charged with an offence under a provision of the Road Safety Act 2006(c.) specified in the first column of the Table below (where the general nature of the offences is also indicated) is found not guilty of that offence, but

        (b) the allegations in the indictment or information (or in Scotland complaint) amount to or include an allegation of an offence under one or more of the provisions specified in the corresponding entry in the second column,

      he may be convicted of that offence or of one or more of those offences.

Offence Charged Alternative
Section (causing death by reckless driving) Section 1 of the Road Traffic Offenders Act 1988 (causing death by dangerous driving).”.

      (3) In the Road Traffic Offenders Act 1988, Schedule 2, at end insert—

“Section (causing death by reckless driving) of the Road Safety Act 2006 (c. ) On indictment 14 years imprisonment, disqualification and obligatory endorsement.”.’.

Causing death by dangerous driving

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC14

    * To move the following Clause:—

      ‘(1) In section 2A(1)(a) of the Road Traffic Act 1988, line 1 leave out “far” and insert “significantly”.

      (2) In Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) in the entry relating to section 2 of the Road Traffic Act 1988 leave out “14” and insert “7”.’.


Failure to stop at the scene of an accident

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham
Mr David Burrowes

NC15

    * To move the following Clause:—

      ‘(1) The Road Traffic Act 1988 is amended as follows.

      (2) In subsection (3) of section 170, after “who” insert “knowingly”.

      (3) Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 is amended as follows.

      (4) In section 170(4), in column 3, leave out “summarily” and insert “on indictment”.

      (5) In section 170(4), in column 4, leave out “six months or level 5 on the standard scale or both” and insert “up to 14 years”.’.


Second offence of driving while uninsured

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC16

    * To move the following Clause:—

      ‘(1) In the Road Traffic Act 1988 (c. 52), after section 143 insert—

    143A  Second offence of driving while uninsured

      (1) If a person acts in contravention of subsection 143(1) on a second or subsequent occasion he is guilty of an offence.”

      (2) In Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 after the entry relating to section 143 of the Road Traffic Act 1988 insert—

“RTA Section 143A Second uninsured offence Summarily 6 months or level 5 on the standard scale or both obligatory obligatory 3-11”.’.

Seizure of motor vehicles

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham
Andrew Selous

NC17

    * To move the following Clause:—

      ‘(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle has been used on three or more occasions in a manner which contravenes section 89 of the Road Traffic Regulation Act 1984 he shall have the powers set out in subsection (2).

      (2) These powers are—

        (a) power to seize and remove the motor vehicle;

        (b) power, for the purposes of exercising a power falling within paragraph (a) to enter any premises on which he has reasonable grounds for believing the motor vehicle to be.

      (3) Subsection 2(b) does not authorise entry into any private dwelling.

      (4) A constable in uniform shall only have powers where—

        (a) the driver cannot be identified,

        (b) the owner cannot be identified, and

        (c) a court summons cannot be issued to the relevant owner or driver.’.


Disclosure to UK authorities of foreign licensing and registration information

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC18

    * To move the following Clause:—

      ‘The Secretary of State may, without regard to country of registration, prohibit the use on a road of any vehicle constructed or adapted for the carriage of goods—

        (a) until such time as sufficient information to identify the licence holder authorised in accordance with Community Regulation (EEC) No 881/92 has been made available to the UK competent authorities or,

        (b) until such time as information to identify the operator of any goods vehicle insofar as, had the undertaking been established in an EU Member State would be required to hold a licence in accordance with Community Regulation (EEC) No 881/92, has been made available to the UK competent authorities.’.


Motorbikes in bus lanes

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

NC19

    * To move the following Clause:—

      ‘All bus lanes when buses are moving in the same direction as traffic in the adjacent vehicle lane shall be open to use by motorcycles unless specifically forbidden.’.


 
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Prepared: 6 October 2006