rs1700910.823-829

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

823

House of Commons

Monday 9th October 2006

Report Stage Proceedings

Road Safety Bill [Lords], As Amended

NEW CLAUSES

Immediate suspension and revocation of drivers’ licences

Mr Secretary Alexander

Added  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.”.’.

Report Stage Proceedings: 9th October 2006
824

Road Safety Bill–[ [], continued

Abolition of “contract exemption”

Mr Secretary Alexander

Added  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

Added  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

Negatived on division  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.’.

Report Stage Proceedings: 9th October 2006
825

Road Safety Bill–[ [], continued

Operation of traffic lights

Mr Greg Knight

Mr Christopher Chope

Not selected  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

Not selected  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.’.

Report Stage Proceedings: 9th October 2006
826

Road Safety Bill–[ [], continued

Obligation of approved driving instructors to consult with local authorities

Harry Cohen

Not selected  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

Not called  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

Report Stage Proceedings: 9th October 2006
827

Road Safety Bill–[ [], continued

(b)
he has made adequate arrangements to recieve regular medical

supervision by a sleep disorder specialist who holds a hospital

appointment.”.’.

Breach of re quirement relating to seat belts

Mr David Kidney

Not selected  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 under 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

Not selected  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

Not selected  nc10

To move the following Clause:—

Report Stage Proceedings: 9th October 2006
828

Road Safety Bill–[ [], continued

‘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

Not selected  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.

Report Stage Proceedings: 9th October 2006
829

Road Safety Bill–[ [], continued

(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

Norman Lamb

Mr Brian H. Donohoe

Tom Brake

Negatived on division  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 require 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

Not called  nc13

To move the following Clause:—

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

“1A
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.