rs1700910.830-836

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9th October 2006
830

Road Safety Bill–[ [], continued

(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—

“24A
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
Section 1 of the Road Traffic

driving)
Offenders Act 1988 (causing death

by dangerous driving).”.

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

“Section (causing death
On indictment
14 years imprisonment,

by reckless driving) of

disqualification and

the Road Safety Act

obligatory

2006 (c. )

endorsement.”.’.

Causing death by dangerous driving

Mr Owen Paterson

Stephen Hammond

Mr Henry Bellingham

Not called  nc14

To move the following Clause:—

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

“significantly”.

Report Stage Proceedings: 9th October 2006
831

Road Safety Bill–[ [], continued

(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

Not called  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

Not called  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
Summarily
6 months or level 5
obligatory
obligatory
3-11”.’.

offence

on the standard

scale or both

Report Stage Proceedings: 9th October 2006
832

Road Safety Bill–[ [], continued

Seizure of motor vehicles

Mr Owen Paterson

Stephen Hammond

Mr Henry Bellingham

Andrew Selous

Not selected  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 have powers only 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

Not called  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.’.

Report Stage Proceedings: 9th October 2006
833

Road Safety Bill–[ [], continued

Motorbikes in bus lanes

Mr Owen Paterson

Stephen Hammond

Mr Henry Bellingham

Not selected  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.’.

Pedicabs

Mr Owen Paterson

Stephen Hammond

Mr Henry Bellingham

Not selected  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—

Report Stage Proceedings: 9th October 2006
834

Road Safety Bill–[ [], continued

(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

Stephen Hammond

Mr Henry Bellingham

Not called  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

Stephen Hammond

Mr Henry Bellingham

Not called  NC22

To move the following Clause:—

Report Stage Proceedings: 9th October 2006
835

Road Safety Bill–[ [], continued

‘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

Stephen Hammond

Mr Henry Bellingham

Not selected  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.”.’.

Report Stage Proceedings: 9th October 2006
836

Road Safety Bill–[ [], continued

20 mph default speed limit

Mark Lazarowicz

Not called  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

Not called  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

Not called  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”.’.