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Amendments to the Road Safety Bill [HL]

Road Safety Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


      The amendments have been marshalled in accordance with the Order of 7th November 2005, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 17

 

THE LORD BRADSHAW
THE LORD BERKELEY
THE VISCOUNT SIMON

1Page 21, line 29, leave out from "substitute" to end of line 30 and insert ""3-6 or appropriate penalty points if committed in respect of a speed limit on a restricted road (as defined in section 82 of the RTRA); 2-6 (fixed penalty) in other cases"."
 

After Clause 18

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

2Insert the following new Clause—
  "Road Accidents Investigation Board
(1)  There shall be established a board, to be called the Road Accident Investigation Board ("the Board"), whose purpose shall be to improve road safety by determining the causes of road accidents where—
(a)  a specified number of serious accidents occurs over a specified period on a specified stretch of road, and
(b)  identifiable common factors make investigation necessary.
(2)  The Board shall have neither responsibility for apportioning blame or liability nor for enforcing the law or carrying out prosecutions."
 

After Clause 19

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

3Insert the following new Clause—
  "National speed limit for villages
(1)  There shall be a national speed limit of 30 miles per hour for villages.
(2)  A "village" for the purposes of this Act shall be a settlement of 20 or more houses located along more than 600 metres of the highway.
(3)  The limit referred to under subsection (1) shall come into force twelve months after the day on which this Act is passed."
 

Clause 20

 

THE LORD HANNINGFIELD
THE LORD BRADSHAW
THE LORD MONSON

4*Page 25, line 1, Column 4, leave out from "(a)" to "the" in line 5
5*Page 25, line 8, Column 4, leave out "5 years or"
 

THE LORD MONSON

6*Page 25, line 8, Column 4, leave out "5" and insert "2"
 

THE LORD HANNINGFIELD
THE LORD BRADSHAW
THE LORD MONSON

7*Page 25, line 9, Column 4, leave out "or both"
 

THE LORD HANNINGFIELD
THE BARONESS HANHAM

8Leave out Clause 20
 

After Clause 22

 

THE LORD MCCOLL OF DULWICH

9Insert the following new Clause—
  "Offence of driving vehicle while giving television interview
  It shall be an offence for a driver of any type of motor vehicle to give a television interview while driving the vehicle on a public highway."
 

Clause 26

 

THE LORD HANNINGFIELD
THE BARONESS HANHAM

10Page 32, line 15, at end insert "except in circumstances where the vehicle has been made safe"
 

Clause 31

 

THE VISCOUNT SIMON

11*Page 34, line 16, at end insert "or
(e)  he fails to stop after the accident or to report it as required under section 170 of this Act, "."
12*Page 34, line 17, leave out "and (d)"" and insert ", (d) and (e)""
 

Clause 36

 

THE LORD HANNINGFIELD
THE BARONESS HANHAM

13Page 44, line 27, at end insert—
"(   )  In subsection (1) (tests of competence to drive), after "requirement" insert "has received and correctly answered at least one first aid-related question as part of the test"."
 

After Clause 36

 

THE BARONESS GARDNER OF PARKES

14Insert the following new Clause—
  "Identification of vehicles driven by new drivers: pilot scheme
(1)  The Secretary of State may by order establish a pilot scheme to test the effects on—
(a)  road safety, and
(b)  the incidence of road traffic offences,
  of identifying new drivers by means of a distinguishing mark on vehicles driven by them.
(2)  In this section, a "new driver" means a driver who has just passed the driving test.
(3)  An order under this section may specify, in respect of a pilot scheme—
(a)  the new drivers to whom the scheme will apply,
(b)  the duration of the scheme,
(c)  the size, nature, position and colour of the distinguishing mark to be placed on vehicles driven by new drivers to whom the scheme applies.
(4)  Following the pilot scheme, the Secretary of State shall submit a report to Parliament on the effect of the scheme on accident rates and the incidence of road traffic offences among the group of new drivers to whom the scheme applied, as compared to control groups of new drivers to whom the scheme did not apply."
 

After Clause 40

 

THE BARONESS GIBSON OF MARKET RASEN

15*Insert the following new Clause—
  "Undiagnosed sleep disorders
(1)  The Secretary of State shall develop policies which take into account the risks presented to drivers and passengers of all classes of vehicle posed by drivers with undiagnosed sleep disorders.
(2)  In doing so, he shall require the Driver and Vehicle Licensing Agency—
(a)  to take reasonable steps to ensure that drivers taking practical tests for all classes of vehicle are provided with information about the risks associated with undiagnosed sleep disorders;
(b)  to make the issuance of a full driver's licence for all classes of vehicle conditional on the driver submitting a signed declaration of a registered General Practitioner, certifying that—
(i)  the driver has been examined by that GP for symptoms of sleep disorders, and
(ii)  that where symptoms have been diagnosed, an appropriate referral has been made and treatment provided to ensure that the driver is medically fit to drive."
 

After Clause 41

 

THE LORD BRADSHAW
THE EARL OF MAR AND KELLIE
THE LORD HANNINGFIELD

16Insert the following new Clause—
  "Young drivers' scheme: passenger carrying vehicles
  Schedule (Young drivers' scheme: passenger carrying vehicles) shall have effect."
 

After Clause 42

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

17Insert the following new Clause—
  "Speed limit for country lanes
(1)  In Part 1 of Schedule 6 to the Road Traffic Regulation Act 1984 (c. 27) (which sets out speed limits in miles per hour for different classes of road in respect of certain classes of vehicles) the third column of the Table is amended as follows.
(2)  In the heading and in respect of each item as shown, after column (b), insert—
Item No.(ba)
 Single carriageway unrestricted road without a centre white line
1(i)40
1(ii)40
220
340
420
5(1)40
5(2)(a)40
5(2)(b)40
5(2)(c)20
6(a)30
6(b)20
718
818
940"
 

Clause 47

 

THE LORD HANNINGFIELD
THE BARONESS HANHAM

18Page 53, line 35, leave out from "territory" to end of line 38 and insert "that has ratified the Treaty on European Vehicle and Driving Licence Information System (EUCARIS)"
19Page 54, line 1, leave out from "territory" to end of line 4 and insert "that has ratified the Treaty on European Vehicle and Driving Licence Information System (EUCARIS)"
 

Clause 48

 

THE LORD BRADSHAW
THE EARL OF MAR AND KELLIE
THE LORD HANNINGFIELD

20Page 54, line 10, at end insert—
"(   )  in subsection (2), after paragraph (d) insert—
"(   )  security, cleaning and maintenance facilities,""
 

After Clause 48

 

THE LORD HANNINGFIELD
THE BARONESS HANHAM

21*Insert the following new Clause—
  "Parking and traffic enforcement for pedicabs
(1)  In determining, for the purposes of the enactments mentioned in subsection (2), who was the owner of a pedicab at any time, it shall be presumed, if the pedicab was licensed, that the owner was the person in whose name the pedicab was licensed at that time.
(2)  Those enactments are—
(a)  Part II of the Road Traffic Act 1991 (c. 40) (traffic in London);
(b)  Part II of and Schedule 1 to the London Local Authorities Act 1996 (c. ix) (bus lanes);
(c)  regulations made under section 144 of the Transport Act 2000 (c. 38) (civil penalties for bus lane contraventions);
(d)  Part 2 of the London Local Authorities and Transport for London Act 2003 (c. iii) (road traffic and highways);
(e)  regulations under section 72 of the Traffic Management Act 2004 (c. 18) (civil penalties for road traffic contraventions);
(f)  any other enactment whether passed before or after this Act which provides for the service of penalty charge notices or notices to owner on the owner of a vehicle.
(3)  For the purposes of the enactments mentioned in subsection (2) above, a pedicab business is not to be treated as a vehicle-hire firm.
(4)  An authority responsible for the licensing of pedicabs shall, on request, make available to a traffic authority the name and address of the person in whose name a particular pedicab is licensed.
(5)  In section 15(12) of the Greater London Council (General Powers Act 1974 (c. xxiv) (parking on footways, grass verges, etc.), in the definition of "vehicles", after "means" insert "a pedicab (within the meaning given by section (Parking and traffic enforcement for pedicabs) of the Road Safety Act 2006), or".
(6)  The London Local Authorities and Transport for London Act 2003 (c. iii) is amended as follows.
(7)  In section 4(5) (penalty charges for road traffic contraventions), for "motor vehicle" substitute "vehicle".
(8)  In section 4(16), omit the definition of "motor vehicle" and at the end insert the following definition—
     ""vehicle" means—
    (a)  a mechanically propelled vehicle intended or adapted for use on roads; and
    (b)  a pedicab within the meaning given by section (Parking and traffic enforcement for pedicabs) of the Road Safety Act 2006.".
(9)  In this section—
 "licensed" in respect of a pedicab means licensed under any enactment by virtue of the pedicab's use for the conveyance of passengers, and "licensing" shall be construed accordingly;
 "pedicab" means a cycle constructed or adapted—
(a)  to seat one or more passengers; and
(b)  for the purposes of being made available with a driver in the course of a business for the purpose of carrying passengers;
 "pedicab business" means a business which consists, in whole or in part, of—
(a)  the ownership of pedicabs;
(b)  the letting out of pedicabs to riders for use as a pedicab; or
(c)  taking bookings for the use of pedicabs by passengers."
 

After Clause 58

 

THE LORD BERKELEY

22Insert the following new Clause—
  "Regulation of human transporters
(1)  Within one year of the day on which this Act is passed, the Secretary of State shall publish regulations on the construction and use of human transporters.
(2)  For the purposes of subsection (1), a "human transporter" is a self-balancing, electric-powered, software-controlled device, with the two wheels on the same axis and a top speed controlled by encrypted keys not exceeding 12.5 miles per hour."
23Insert the following new Clause—
  "Duty to drive safely
  A person who drives a mechanically propelled vehicle on a road or other public place is under a duty to drive with proper regard to the safety of any person who may be affected by a breach of that duty."
 

THE LORD SWINFEN

24Insert the following new Clause—
  "Causing or permitting child under 14 to ride a cycle on road without protective headgear
(1)  Except as provided by regulations, it is an offence for any person to whom this subsection applies to cause or permit a child under the age of 14 years to ride a cycle on a road unless the child is wearing protective headgear, of such description as may be specified in regulations, in such manner as may be so specified.
(2)  Subsection (1) above applies to the following persons—
(a)  unless the child is cycling in the course of his employment, any person who—
(i)  for the purposes of Part I of the Children and Young Persons Act 1933 (c. 12), has responsibility for the child;
(ii)  for the purposes of Part II of the Children and Young Persons (Scotland) Act 1937 (c. 37), has parental responsibilities (within the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c. 36)) in relation to, or has charge or care of, the child;
(iii)  for the purposes of Article 5 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), has parental responsibilities in relation to the child;
(iv)  in relation to Northern Ireland, has care of the child or is, otherwise than by virtue of Article 5 of the Children (Northern Ireland) Order 1995, legally obliged to maintain the child;
(b)  any person other than a person mentioned in paragraph (a) above who is above the age of 17 years and who has custody of or is in possession of the cycle immediately before the child rides it;
(c)  where the child is employed and is cycling in the course of his employment, his employer and any other person to whose orders the child is subject in the course of his employment.
(3)  A person guilty of an offence under subsection (1) above is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4)  In this section—
 "regulations" means regulations under section (Regulations in relation to section (Causing or permitting child under 14 to ride a cycle on road without protective headgear)); and
 "road"—
(a)  in England and Wales has the meaning given by section 192(1) of the Road Traffic Act 1988 (c. 52) (general interpretation);
(b)  in Scotland has the meaning given by section 15(1) of the Roads (Scotland) Act 1984 (c. 54) (emergency work in relation to private roads); and
(c)  in Northern Ireland has the meaning given by Article 1(2) of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18))."
25Insert the following new Clause—
  "Regulations in relation to section (Causing or permitting child under 14 to ride a cycle on road without protective headgear)
(1)  The Secretary of State may by regulations made by statutory instrument—
(a)  provide that section (Causing or permitting child under 14 to ride a cycle on road without protective headgear) of this Act shall not apply in relation to—
(i)  children of any prescribed description;
(ii)  the riding of cycles in such circumstances as may be prescribed;
(iii)  the riding of any particular type of cycle which may be prescribed;
(b)  prescribe for the purposes of that section (by reference to shape, construction or any other quality) the descriptions of protective headgear to be worn by children of any prescribed description in prescribed circumstances; and
(c)  prescribe for those purposes the manner in which such headgear is to be worn.
(2)  Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."

 
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©Parliamentary copyright 2006
10 January 2006