House of Commons - Amendments
Road Safety BIll [Lords], As Amended - continued          House of Commons

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Increase of penalties for failure to comply with traffic lights at level crossings

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

NC37

    * To move the following Clause:—

      ‘(1) A person guilty of an offence under section 36(1) of the Road Traffic Act 1988 (c. 52) (drivers to comply with traffic signs) consisting of a failure to comply with a traffic sign placed at or near a level crossing indicating that vehicular traffic is not to proceed over the level crossing shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both and shall have his licence endorsed with six penalty points.

      (2) This section applies in relation to offences committed after the date on which this Act comes into force.’.


Increase of penalties for careless or inconsiderate driving causing damage to a railway or other bridge over a road

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

NC38

    * To move the following Clause:—

      ‘(1) If a person caused damage to a railway or other bridge over a road by driving a motor vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both and shall have his licence endorsed with not less than 6 penalty points.

      (2) This section applies in relation to offences committed after the date on which this Act comes into force.’.


Disqualification for drink offence

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

NC39

    * To move the following Clause:—

      ‘(1) Section 36 of the Road Traffic Offenders Act 1988 is amended as follows.

      (2) After subsection (2) insert—

      “(2A) Subsection (1) above also applies to a person who is disqualified for a period in excess of 12 months on conviction of a relevant drink offence.

      (2B) In this section “relevant drink offence” means—

        (a) an offence under paragraph (a) of subsection (1) of section 3A of the Road Traffic Act 1988 (causing death by careless driving when unfit to drive through drink) committed when unfit to drive through drink,

        (b) an offence under paragraph (b) of that subsection (causing death by careless driving with excess alcohol),

        (c) an offence under paragraph (c) of that subsection (failing to provide a specimen) where the specimen is required in connection with drink or consumption of alcohol,

        (d) an offence under section 4 of that Act (driving or being in charge when under the influence of drink) committed by reason of unfitness through drink,

        (e) an offence under section (5)(1) of that Act (driving or being in charge with excess alcohol),

        (f) an offence under section 7(6) of that Act (failing to provide a specimen committed in the course of an investigation into an offence within any of the preceding paragraphs, or

        (g) an offence under section 7A(6) of that Act (failing to allow a specimen to be subject to a laboratory test) in the course of an investigation into an offence within any of the preceding paragraphs.’.


Mr Alistair Carmichael
Paul Rowen
Mr John Leech

50

* Page 15 [Clause 14], leave out lines 5 to 15 and insert—

      ‘(1) This section applies where—

        (a) a person is convicted of a relevant drink offence by or before a court, and

        (b) the period stated by the court as that for which he would be disqualified is not less than six months.’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

51

* Page 15 [Clause 14], leave out from beginning of line 16 to end of line 22 on page 16 and insert—

      ‘(3) Where this section applies, the court shall (subject to subsection 7) make an order (an “alcohol ignition interlock programme order”) requiring the offender to comply with the alcohol ignition interlock conditions.

      (4) The period which the offender shall comply with the alcohol ignition conditions shall be a period specified in the order of—

        (a) not less than six months, and

        (b) not more than two years.

      (5) If the offender contravenes the alcohol ignition interlock conditions, a further order disqualifying him for the rest of the period specified under subsection (4) is to be treated as having been made by the court immediately before the contravention.

      (6) “The alcohol ignition interlock conditions” are that the offender—

        (a) must participate fully in an approved alcohol ignition interlock programme specified for the duration specified in the order, and

        (b) during the period specified in the order, must not drive a motor vehicle unless it is fitted with an alcohol ignition interlock in good working order and must not drive a motor vehicle which is so fitted when not using the alcohol interlock properly, and

        (c) must make due payment of fees for the programme which shall include the cost of the alcohol ignition interlock being provided, fitted and maintained to a motor vehicle.

      (7) A court may decline to make an alcohol interlock programme order if it appears to the court that the offender will not comply with the alcohol ignition interlock conditions in such case the court will specify an additional period of disqualification for a period equal to the period which it would have otherwise ordered the offender to comply with the alcohol ignition conditions.’.


Mr Alistair Carmichael
Paul Rowen
Mr John Leech

53

* Page 16, line 11 [Clause 14], at end insert ‘and

        (c) must make due payment of fees for the programme which shall include the cost of the alcohol ignition interlock being provided, fitted and maintained to a motor vehicle’.


Mr Alistair Carmichael
Paul Rowen
Mr John Leech

52

* Page 17, line 4 [Clause 14], after ‘offender’, insert—

      ‘(13) Nothing within this section shall prevent the court from making an order in accordance with section 34.”.’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

54

* Page 17, line 16 [Clause 14], at end insert ‘fitment’.


Mr John Leech
Mr Alistair Carmichael
Paul Rowen
Ms Diana R. Johnson
Mrs Louise Ellman

4

Page 21, line 37 [Clause 16], leave out ‘2-6’ and insert ‘3-6’.

Mr John Leech
Mr Alistair Carmichael
Paul Rowen
Ms Diana R. Johnson
Mrs Louise Ellman

5

Page 21, line 41 [Clause 16], leave out ‘2-6’ and insert ‘3-6’.


Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

10

* Page 22, line 5 [Clause 17], leave out ‘detection’ and insert ‘interference’.

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

11

* Page 22, line 7 [Clause 17], leave out ‘detection’ and insert ‘interference’.

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

12

* Page 22, line 9 [Clause 17], leave out ‘detect, or’.

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

13

* Page 22, line 17 [Clause 17], leave out ‘detection’ and insert ‘interference’.

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

14

* Page 22, line 34 [Clause 17], leave out ‘detection’ and insert ‘interference’.


Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

33

* Page 24, line 25 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

34

* Page 24, line 27 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

35

* Page 24, line 28 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

36

* Page 24, line 36 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

37

* Page 24, line 40 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.


Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

38

* Page 25, line 2 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

39

* Page 25, line 6, column 2 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

40

* Page 25, line 11, column 2 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

44

* Page 25, line 17 [Clause 19], after ‘maximum’, insert ‘with a minimum of 6 months’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

45

* Page 25, line 20 [Clause 19], after ‘years’, insert ‘with a minimum of two years’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

46

* Page 25, line 20 [Clause 19], leave out ‘or a fine or both’ and insert ‘with the option of a fine’.

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

7

* Page 25, line 20, column 4 [Clause 19], leave out ‘5 years or a fine or both’ and insert ‘a fine’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

41

* Page 25, line 29 [Clause 19], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

20

* Page 25, line 31 [Clause 20], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

21

* Page 25, line 31 [Clause 20], leave out ‘unlicensed, disqualified or uninsured drivers’ and insert ‘drivers who are unlicensed, disqualified, uninsured or who leave the scene or fail to report an accident’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

22

* Page 25, line 33 [Clause 20], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

23

* Page 25, line 35 [Clause 20], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

24

* Page 25, line 43 [Clause 20], at end insert ‘or

        (d) section 170(4) of this Act (duty of driver to stop, report accident and give information or documents).’.


Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

25

* Page 26, line 4, column 2 [Clause 20], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

26

* Page 26, line 5, column 2 [Clause 20], leave out ‘unlicensed, disqualified or uninsured drivers’ and insert ‘drivers who are unlicensed, disqualified, uninsured or who leave the scene or fail to report an accident’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

27

* Page 26, line 10, column 2 [Clause 20], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

28

* Page 26, line 12, column 2 [Clause 20], leave out ‘unlicensed, disqualified or uninsured drivers’ and insert ‘drivers who are unlicensed, disqualified, uninsured or who leave the scene or fail to report an accident’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

47

* Page 26, line 16 [Clause 20], after ‘maximum’, insert ‘with a minimum of 6 months’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

29

* Page 26, line 17, column 4 [Clause 20], leave out ‘2 years’ and insert ‘14 years’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

49

* Page 26, line 17 [Clause 20], leave out ‘or a fine or both’ and insert ‘with the option of a fine’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech

48

* Page 26, line 17 [Clause 20], after ‘years’, insert ‘with a minimum of 1 year’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

30

* Page 26, line 22 [Clause 20], leave out ‘unlicensed, disqualified or uninsured drivers’ and insert ‘drivers who are unlicensed, disqualified, uninsured or who leave the scene or fail to report an accident’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

31

* Page 26, line 27 [Clause 20], after ‘death’, insert ‘or grievous bodily harm’.

Mr Alistair Carmichael
Paul Rowen
Mr John Leech
Bob Russell
Martin Horwood

32

* Page 26, line 27 [Clause 20], leave out ‘unlicensed, disqualified or uninsured drivers’ and insert ‘drivers who are unlicensed, disqualified, uninsured or who leave the scene or fail to report an accident’.


Rob Marris

6

Page 33, line 2, column 5 [Clause 25], leave out ‘discretionary’ and insert ‘obligatory’.


Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

15

* Page 45, line 39 [Clause 35], at end insert—

        ‘(e) after paragraph (c) insert—

          “(d) for tests of competence to drive—

(i) to include questions designed to ensure that a person submitting himself for a test has a sufficient level of understanding of and competence in appropriate first aid skills; and (ii) to require such a person to satisfy the person conducting that test that he has a sufficient level of understanding and competence in appropriate first aid skills.”.’.

Mr Secretary Alexander
That Clause 50 be transferred to end of line 23 on page 56.


Mr Secretary Alexander
That Clause 53 be transferred to end of line 23 on page 56.


Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

8

* Page 56, line 9 [Clause 48], at end insert—

      ‘( ) The Goods Vehicles (Licensing of Operators) Act 1995.’.

Mr Owen Paterson
Stephen Hammond
Mr Henry Bellingham

9

* Page 56, line 9 [Clause 48], at end insert—

      ‘( ) Part 3 of the Transport Act (Northern Ireland) 1967.’.


Mr Secretary Alexander

17

* Page 61, line 4 [Clause 57], after ‘Sections’ insert ‘(Delegation of power to make level crossing orders),’.

Mr Secretary Alexander

18

* Page 61, line 6 [Clause 57], after ‘but’ insert—

        ‘(a) section (Delegation of power to make level crossing orders)(2) does not affect anything done or omitted to be done before that day, and

        (b) ’.

Mark Lazarowicz

16

* Page 61, line 7 [Clause 57], at end insert—

      ‘(9A) Section 20 [20 mph default speed limit] comes into force at the end of the period of 12 months beginning with the day on which this Act is passed.’.

Mr Secretary Alexander

19

* Page 61, line 12 [Clause 58], leave out ‘Sections 10(3) and 15 and Schedule 4’ and insert ‘Section 10(3) and Schedule 4, section 15 and section (Delegation of power to make level crossing orders)(2)’.


Mr Secretary Alexander

1

Page 133, line 31 [Schedule 7], at end insert—

(15A) Hackney carriages and private hire vehicles
Short title and chapter Extent of repeal
Local Government (Miscellaneous Provisions) Act 1976 (c. 57) Section 75(1)(b).
Private Hire Vehicles (London) Act 1998 (c. 34) In section 1(1)(a), in the definition of “private hire vehicle”, the words “to the public”.’.

Mr Secretary Alexander

2

Page 134 [Schedule 7], leave out lines 8 to 11.


Mr Alistair Carmichael
Paul Rowen
Mr John Leech

NS1

    * To move the following Schedule:—

    Rehabilitation of Offenders

‘Section 5(2)(a) (Table A) of the Rehabilitation of Offenders Act 1974 shall be amended as follows:

    Table

      Rehabilitation periods subject to reduction by half for person under 18.

    Sentence Rehabilitation

      Obligatory or discretionary disqualification from driving for a period exceeding 12 months: 11 years.

      A sentence of imprisonment, detention in a young offenders institution or youth custody or corrective training for a term exceeding six months but not exceeding 30 months: 10 years.

      A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service: 10 years.

      A sentence of imprisonment, detention in a young offenders institute or youth custody for a term not exceeding six months: seven years.

      A sentence of detention in respect of a conviction in service disciplinary proceedings: five years.

      A fine or any other sentence subject to rehabilitation under this Act, not being a sentence to which Table B below or any of subsections (3) to (8) below applies: five years.”.’.


Mr Secretary Alexander

3

Title, line 2, leave out ‘trunk road picnic areas and private hire vehicles’ and insert ‘hackney carriages and private hire vehicles, and trunk road picnic areas’.

ORDER OF THE HOUSE [8TH MARCH 2006]

       That the following provisions shall apply to the Road Safety Bill [Lords]:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Commitee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20th April 2006.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.


 
 
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Prepared: 6 October 2006