rs1700910.837-843

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9th October 2006
837

Road Safety Bill–[ [], continued

Daytime running safety lights for motorcycles

Greg Knight

Not called  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

Paul Rowen

Mr John Leech

Bob Russell

Martin Horwood

Not called  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

Paul Rowen

Mr John Leech

Bob Russell

Martin Horwood

Not called  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”.’.

Report Stage Proceedings: 9th October 2006
838

Road Safety Bill–[ [], continued

Causing grievous bodily harm by dangerous driving (No. 3)

Mr Alistair Carmichael

Paul Rowen

Mr John Leech

Bob Russell

Martin Horwood

Not called  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

Paul Rowen

Mr John Leech

Bob Russell

Martin Horwood

Not called  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

Report Stage Proceedings: 9th October 2006
839

Road Safety Bill–[ [], continued

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

Paul Rowen

Mr John Leech

Not selected  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,

Report Stage Proceedings: 9th October 2006
840

Road Safety Bill–[ [], continued

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.

Report Stage Proceedings: 9th October 2006
841

Road Safety Bill–[ [], continued

(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

Paul Rowen

Mr John Leech

Not selected  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

Paul Rowen

Mr John Leech

Not selected  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.’.

Report Stage Proceedings: 9th October 2006
842

Road Safety Bill–[ [], continued

Amendment of Coroners Rules 1984

Mr Alistair Carmichael

Paul Rowen

Mr John Leech

Not selected  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.”.’.

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

Mr Alistair Carmichael

Paul Rowen

Mr John Leech

Negatived on division  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 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

Not called  NC38

To move the following Clause:—

Report Stage Proceedings: 9th October 2006
843

Road Safety Bill–[ [], continued

‘(1)
If a person causes 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

Not called  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.”’.