| Road Safety Bill [Lords], As Amended - continued | House of Commons |
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Pedicabs Mr Owen Paterson
NC20 To move the following Clause:— ‘(1) The appropriate national authority may make regulations providing for— (a) the application of relevant enactments to pedicabs; and (b) the enforcement of relevant enactments in relation to pedicabs. (2) The regulations may, in particular, make provision— (a) for identifying the person against whom enforcement action may be taken if there is a contravention of a relevant enactment; (b) for the registration of pedicabs by specified authorities and the provision and display of registration plates on pedicabs; (c) for the payment of fees for registration; (d) for the making of registers available for inspection and sale; (e) for offences relating to registration; (f) for transitional arrangements. (3) In subsection (11) of section 15 (parking on footways, grass verges, etc.) of the Greater London Council (General Powers) Act 1974, in the definition of “vehicle”, after “means”, insert “a pedicab (within the meaning given by section (Pedicabs) of the Road Safety Act 2006)”. (4) The London Local Authorities and Transport for London Act 2003 is amended as follows— (a) in section 4(5) (penalty charges for road traffic contraventions), for the words “motor vehicle” there is substituted “vehicle”; (b) in section 4(16), the definition of “motor vehicle” is omitted and the following definition is inserted at the end— ““vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, or a pedicab within the meaning given by section (Pedicabs) of the Road Safety Act 2006.”. (5) The “appropriate national authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the National Assembly for Wales. (6) A “pedicab” means a cycle constructed or adapted— (a) to seat one or more passengers; and (b) for the purpose of being made available with a driver for hire for the purpose of carrying passengers. (7) “Relevant enactment” means— (a) section 15 (parking on footways, grass verges, etc.) of the Greater London Council (General Powers) Act 1974; (b) Part II of the Road Traffic Act 1991 (traffic in London); (c) Part II of and Schedule 1 to the London Local Authorities Act 1996 (bus lanes); (d) regulations made under section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions); (e) Part 2 of the London Local Authorities and Transport for London 2003 (road traffic and highways); (f) regulations under section 72 of the Traffic Management Act 2004 (civil penalties for road traffic contraventions); (g) any other enactment relating to road traffic regulation, specified in regulations made by the appropriate national authority, which provides for the service of penalty charge notices or notices to owner on the owner of a vehicle. (8) “Specified authority” means— (a) in Greater London, Transport for London; (b) elsewhere in England and Wales, a traffic authority.’. Passenger-side mirrors on HGVs Mr Owen Paterson
NC21 To move the following Clause:— ‘All vehicles over 3.5 tonnes, operating in the UK, must have a mirror positioned on the exterior of the vehicle on the passenger side, which enables the driver to have a full view of vehicles and other road users in the neighbouring lanes, when driving on all roads in the United Kingdom.’. HGV audible warnings Mr Owen Paterson
NC22 To move the following Clause:— ‘All HGVs with trailers, registered in the UK, shall, by 31st December 2007, be fitted with an audible warning system that shall sound if the driver exits the vehicle when the brakes are not applied.’. Limousines Mr Owen Paterson
NC23 To move the following Clause:— ‘(1) The Public Passenger Vehicles Act 1981 (c.14) is amended as follows. (2) After section 1 insert— “1A Definition and classification of "limousines" Subject to the provisions of this section, in this Act “limousine” means a motor vehicle which, being a vehicle not adapted to carry more than 16 passengers, is used in the course of a business for the purposes of carrying passengers with the services of a driver for hire and reward where the arrangements for the payment of fares by the passenger or passengers are made before the journey began”. (3) After section 29 insert— “29 Limousine certificates (1) A limousine adapted to carry more than eight passengers shall not be used on a road unless an examiner appointed under section 66A of the Road Traffic Act has issued a certificate (to be referred to as a limousine certificate) that the prescribed conditions as to fitness are fulfilled in respect of the vehicle. (2) If a vehicle is used in contravention of subsection (1) above, the operator of the vehicle shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (3) Sections 8, 10 and 11 of this Act shall apply to limousines adapted to carry more than eight passengers.”. (4) In section 13(1) of that Act, after the first “licence” insert a comma and then “limousine licence”. (5) After section 13(2), insert— “(2A) Subject to section 12 of this Act a limousine licence authorises the use of— (a) limousines not adapted to carry more than eight passengers; (b) limousines not adapted to carry more than sixteen passengers.”.’. 20 mph default speed limit Mark Lazarowicz NC24 To move the following Clause:— ‘(1) Section 81 of the Road Traffic Regulation Act 1984 (c. 27) is amended as follows. (2) In subsection (1) (general speed limit for restricted roads) for “30” substitute “20”. (3) After subsection (2) add— “(3) The Ministers shall publish guidance as to the cases in which different limits from that set in subsection (1) may apply.”’. Causing grievous bodily harm by dangerous driving Mr David Burrowes NC25 To move the following Clause:— ‘(1) The Road Traffic Act 1988 (c. 52) is amended as follows. (2) In section (1), after “death of”, insert “, or grievous bodily harm to,”.’. Causing grievous bodily harm by dangerous driving (No. 2) Mr David Burrowes NC26 To move the following Clause:— ‘(1) The Road Traffic Act 1988 (c. 52) (“RTA”) is amended as follows. (2) In section (1), after “death of”, insert “, or grievous bodily harm to,” (3) The Road Traffic Offenders Act 1988 (c. 53) is amended as follows. (4) In Schedule 1 (offences to which certain sections apply), in the Table, in column 2, in the entry relating to section 1 of RTA, after “death”, insert “or grievous bodily harm”. (5) In Part 1 of Schedule 2 (prosecution and punishment of offences: offences under the Traffic Acts), in the Table, in column 2, in the entry relating to section 1 of RTA, after “death”, insert “or grievous bodily harm”. (6) The Crime (International Co-operation) Act 2003 (c. 32) is amended as follows. (7) In paragraph 3(a) of Schedule 3 (offences where notice must be given to authority of State in which offender is normally resident), after “death” insert “or grievous bodily harm”.’. Daytime running safety lights for motorcycles Greg Knight NC27 To move the following Clause:— ‘(1) All motorcycles used on a public highway shall continuously display a dipped headlight beam and a red light during daylight hours. (2) Any motorcycle manufactured before 1st January 1973 shall be exempt from the provisions of this section. (3) Any person riding on a motorcycle which is not displaying daytime running lights and which is not exempt under subsection (2) commits an offence punishable by a fine not exceeding level 2 on the standard scale.’. Speed limit Mr Alistair Carmichael
NC29 To move the following Clause:— ‘(1) The Road Traffic Regulation Act 1984 (c. 27) is amended as follows. (2) In subsection (1) of section 81, for “30” substitute “20”.’. Alcohol limits Mr Alistair Carmichael
NC30 To move the following Clause:— ‘(1) The Road Traffic Act 1988 (c. 52) is amended as follows. (2) In section 11(2) the meaning of “the prescribed limit” is amended as follows— (a) in paragraph (a) for “35” substitute “22”; (b) in paragraph (b) for “80” substitute “50”; and (c) in paragraph (c) for “107” substitute “67”. (3) In section 8(2) for “50” substitute “35”.’. Causing grievous bodily harm by dangerous driving (No. 3) Mr Alistair Carmichael
NC31 To move the following Clause:— ‘(1) The Road Traffic Act 1991 (c. 40) is amended as follows. (2) In section 1, for section 1 of the Road Traffic Act 1988, after “death” insert “or grievous bodily harm”. (3) In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 40) (offences to which certain sections apply), as amended by the Road Traffic Act 1991 (c. 53), in the table, in column 2, in the entries relating to section 1 of the Road Traffic Act 1988 (c. 40), as amended by the Road Traffic Act 1991 (c. 53) (causing death by dangerous driving), after the word “death” insert the words “or grievous bodily harm”. (4) In Part 1 of the Schedule 2 to the Road Traffic Offenders Act 1988 (c. 40) (prosecution and punishment of offences: offences under the Traffic Acts), as amended by the Road Traffic Act 1991 (c. 53), in the table, in column 2, in the entries relating to section 1 of the Road Traffic Act 1988 (c. 40), as amended by the Road Traffic Act 1991 (c. 53) (causing death by dangerous driving), after the word “death” insert the words “or grievous bodily harm”. (5) In paragraph 3(a) of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after the word “death” insert the words “or grievous bodily harm”.’. Causing grievous bodily harm by careless driving when under influence of drink or drugs Mr Alistair Carmichael
NC32 To move the following Clause:— ‘(1) The Road Traffic Act 1991 (c. 40) is amended as follows. (2) In section 3, for section 3A(1) of the Road Traffic Act 1988, after “death” insert “or grievous bodily harm”. (3) In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 40) (offences to which certain sections apply), as amended by the Road Traffic Act 1991 (c. 53), in the table, in column 2, in the entries relating to section 3A(1) of the Road Traffic Act 1988 (c. 40), as amended by the Road Traffic Act 1991 (c. 53) (causing death by dangerous driving), after the word “death” insert the words “or grievous bodily harm”. (4) In Part 1 of the Schedule 2 to the Road Traffic Offenders Act 1988 (c. 40) (prosecution and punishment of offences: offences under the Traffic Acts), as amended by the Road Traffic Act 1991 (c. 53), in the table, in column 2, in the entries relating to section 3A(1) of the Road Traffic Act 1988 (c. 40), as amended by the Road Traffic Act 1991 (c. 53) (causing death by dangerous driving), after the word “death” insert the words “or grievous bodily harm”. (5) In paragraph 3(d) of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after the word “death” insert the words “or grievous bodily harm”.’. Pedicabs (No. 2) Mr Alistair Carmichael
NC33 To move the following Clause:— ‘(1) In this section— “pedicab” means a stage carriage under the Metropolitan Public Carriage Act 1869 in London, or a pedal hackney carriage under the Town Police Clauses Act 1847, or a pedal cycle or electrically assisted pedal cycle (according to European Community Directive 2002/24/EC) specifically designed and constructed or adapted for use on roads— (a) to seat one or more passengers; and (b) for the purpose of being made available with a rider in the course of a business for hire for the purpose of carrying passengers for hire and reward; and (c) for the purpose of plying for hire for passengers in any public road or place with a speed limit of 30mph or less; “pedicab business” is treated as a vehicle hire firm and means a business which consists, in whole or in part, of— (a) the ownership of pedicabs; (b) the letting or leasing out of pedicabs to riders for use as a pedicab; or (c) taking bookings for the use of pedicabs by passengers. (2) Any reference in this section to a vehicle being used as a pedicab is a reference to a pedicab which— (a) is in use in connection with hiring for the purpose of carrying one or more passengers; or (b) is immediately available for hire for the purpose of carrying one or more passengers for hire and reward. (3) The owner of the pedicab shall hold valid third party public liability insurance for each pedicab, specifying that the rider and the pedicab are insured for carrying passengers for hire and reward, to an indemnity level to be set by the specified authority for any single incident or any claim arising from the activity of the rider by a third party. (4) Any person, owner or pedicab business who— (a) uses a pedicab in contravention of subsection (3), or (b) causes or permits any person so to do, shall be guilty of an offence. (5) In this section— “the appropriate national authority” means— (a) in relation to England and Scotland, the Secretary of State; (b) in relation to Wales, the National Assembly of Wales; “the appropriate specified authority” means— (a) in Greater London, Transport for London; (b) elsewhere in England, Scotland and Wales, a local traffic authority; “relevant enactment” means any enactment relating to moving traffic regulations for cycles and cyclists, specified in regulations made by the appropriate national authority. (6) The appropriate national authority may make regulations providing for— (a) the application of relevant enactments to cycles; and (b) the enforcement of relevant enactments in relation to cycles. (7) Any rider of a pedicab found to be in contravention of relevant enactments in relation to cycles or cyclists shall be guilty of an offence and liable on summary conviction according to the terms of the relevant enactment. (8) The appropriate specified authority may make regulations providing for the licensing of pedicabs, riders, owners and pedicab businesses operating pedicabs— (a) for identifying the person against whom enforcement action may be taken if there is a contravention of a relevant enactment; (b) for the registration of the ownership of pedicabs, the transfer of ownership, pedicabs and the provision and display of licensing plates on pedicabs; (c) for the payment of reasonable fees for licensing; (d) for the making of registers available for inspection to courts or the police; (e) for offences relating to licensing; (f) for transitional arrangements; (g) for the provision of pedicab ranks in negotiation with local authorities and in tandem with the introduction of any licensing scheme; (h) for other licensing criteria for pedicab owners, riders and pedicab businesses including— (i) registering of riders and licensing of pedicabs being used for carrying passengers for hire and reward; (ii) complaints and lost property procedures; (iii) maintaining a register of rider details; (iv) minimum standards of training agreed with the specified authority; (v) approval, examination and inspection of pedicabs; (vi) agreed codes of practice for pedicabs operators; (vii) agreed codes of conduct for riders; (viii) minimum standards of maintenance procedures and records agreed by the specified authority; (ix) any other records that may be required by the specified authority; (x) the satisfying of the specified authority as to the character and fitness of pedicab owners, pedicab businesses and riders to be transporting passengers; (xi) a requirement that riders carry ID and insurance certificates. (9) The appropriate specified authority may make provisions to revoke any licence issued to a rider, owner or pedicab business operating pedicabs by— (a) making compliance visits to licensed owners or licensed businesses; (b) de-registering riders that do not satisfy minimum standards of behaviour.’. Wearing of protective clothing Mr Alistair Carmichael
NC34 To move the following Clause:— ‘The Road Traffic Act 1988 (c. 52) is further amended, by inserting after section 16 (wearing of protective headgear)— “16A Wearing of protective clothing The Secretary of State shall make regulations requiring, subject to such exceptions as may be specified in the regulations, persons driving or riding in motor vehicles of any class specified in the regulations to wear EN471 compliant reflective garments when leaving the vehicle at a roadside, except where the vehicle is parked.”.’. Shared space schemes Mr Alistair Carmichael
NC35 To move the following Clause:— ‘(1) The Secretary of State shall produce guidance about how shared space schemes will meet the needs of disabled people to which all highway authorities shall have regard. (2) For the purpose of this section a shared space scheme shall be one where pedestrians and vehicles share the same thoroughfare.’. Amendment of Coroners Rules 1984 Mr Alistair Carmichael
NC36 To move the following Clause:— ‘(1) The Coroners Rules 1984 are amended as follows. (2) After Rule 36(1)(c) insert— “(d) in the case of a death while driving in the course of undertaking employment duties, the reasonable precautions, if any, whereby the death and any accident resulting in the death might have been avoided; (e) in the case of a death while driving in the course of undertaking employment duties, the defects, if any, in any system of working which contribute to the death or any accident resulting in the death; and (f) in the case of a death while driving in the course of undertaking employment duties, any other facts which are relevant to the circumstances of the death.”.’. |
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| © Parliamentary copyright 2006 | Prepared: 9 October 2006 |