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Session 1999-2000
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Amendments to the Transport Bill

Transport Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Transport Bill to be moved in Committee in the House of Lords.

  
Clause 69
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 45, line 13, leave out ("traffic") 
     Page 46, line 5, leave out subsection (10) 
  
Clause 73
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 47, line 31, leave out ("traffic") 
     Page 47, line 32, leave out ("air traffic") 
     Page 47, line 34, leave out ("traffic") 
     Page 47, line 35, leave out ("air traffic") 
     Page 47, line 43, at end insert--
        ("(cc)  services which are provided by the CAA in performing its air navigation functions (within the meaning of Chapter III) and for which Eurocontrol is to collect charges under the Eurocontrol agreement;")
 
     Page 48, line 1, after ("services") insert ("which do not fall within paragraph (cc) and") 
     Page 48, line 2, leave out from ("the") to the end of line 3 and insert ("Eurocontrol agreement") 
     Page 48, line 4, leave out ("traffic") 
     Page 48, line 16, leave out ("traffic") 
  
After Clause 73
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Clause-- 
     ("  .--(1)  This section applies if--
    (a)  an amount of a charge is specified under section 69(1) in respect of a service falling within section 73(2)(cc) or (d), and
    (b)  under the Eurocontrol agreement Eurocontrol is to collect a charge in respect of the specification and publication of the amount of the charge and its recovery.
    (2)  In specifying the amount of the charge the CAA may include an amount in respect of the specification and publication of the amount of the charge and its recovery.
 
    (3)  References to an amount include references to a method of calculating an amount.")
Amounts for recovery etc.
     Insert the following new Clause-- 
     ("  .--(1)  The CAA--
    (a)  must exercise its powers under section 69 if it thinks it should do so in order for international agreements to which the United Kingdom is a party to be fulfilled, and
    (b)  in exercising those powers must act in the manner it thinks best calculated to take account of those agreements.
    (2)  The CAA must exercise its powers under section 69 in relation to services falling within section 73(2)(b) if it thinks it should do so in order to enable the provider of the services to be paid for their provision.")
Further duties of the CAA.
     Insert the following new Clause-- 
     ("  .--(1)  If information is given to the Secretary of State by the CAA concerning the charges the CAA would like to be paid in respect of chargeable air services which fall within section 73(2)(cc), he must (so far as practicable) ensure that the information is given to Eurocontrol.
 
    (2)  If information is given to the Secretary of State by a licence holder concerning the charges it would like to be paid in respect of chargeable air services which it provides and which fall within section 73(2)(d), he must (so far as practicable) ensure that the information is given to Eurocontrol.
 
    (3)  But subsection (2) does not apply if the CAA tells the Secretary of State that giving the information to Eurocontrol could result in the licence holder being paid charges whose calculation was in contravention of the provisions of the licence.
 
    (4)  If money is received by the government of the United Kingdom from Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d), the Secretary of State must (so far as practicable) ensure that the money is paid to the person who provided the service.
 
    (5)  If money falls to be paid by Eurocontrol in respect of a chargeable air service falling within section 73(2)(cc) or (d), the Secretary of State must (so far as practicable) ensure that the money falls to be paid by Eurocontrol to the person who provided the service.
 
    (6)  The reference to money being received by the government of the United Kingdom is to money being received by a person on behalf of that government.")
Secretary of State's duties.
  
Clause 77
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 50, line 41, at end insert--
 
    ("(  )  The Eurocontrol agreement is the multilateral agreement relating to route charges signed at Brussels on 12 February 1981 or any agreement replacing it.")
 
     Page 50, line 45, at end insert--
 
    ("(  )  Licence holder" has the meaning given by section 37.")
 
  
After Clause 206
 
  
BY THE LORD BRADSHAW
 
     Insert the following new Clause-- 
 ("REVIEW OF BRITISH TRANSPORT POLICE FUNCTIONS 
     .--(1)  The Authority shall review; and within a period of five years from the day on which this Act is passed, publish a report on the discharge of police functions on railways and on the London Underground.
 
    (2)  In carrying out a review under this section the Authority shall consult Transport for London and any other body which appears to the Authority to have an interest in the provision and use of railway services and the London Underground.")
Review of British Transport Police functions.
  
After Clause 243
 
  
BY THE EARL ATTLEE
 
     Insert the following new Clause-- 
 ("SPECIAL VEHICLE AUTHORISATIONS 
     .  In section 42(1) of the Road Traffic Act 1988, after paragraph (b), insert--
    (c)  fails to comply with any of the provisions of an order made under section 44 of this Act,".")
Offence of failure to comply with special vehicle authorisation.
  
After Clause 244
 
  
BY THE EARL ATTLEE
THE BARONESS THOMAS OF WALLISWOOD
THE LORD BERKELEY
THE LORD MARSH
 
     Insert the following new Clause-- 
 ("ENFORCEMENT OF REQUIREMENTS RELATING TO DRIVERS' HOURS 
     .  After section 99 of the Transport Act 1968 there is inserted-- 
Power to prohibit driving of vehicle.    .  99A.--(1)  If--
 
    (a)  the driver of a UK vehicle obstructs an authorised person in the exercise of his powers under subsection (2) or (3) of section 99 of this Act or fails to comply with any requirement made by an authorised person under subsection (1) of that section,
 
  
    (b)  it appears to an authorised person that, in relation to a UK vehicle or its driver, there has been a contravention of any of the provisions of--
 
 
    (i)  sections 96 to 98 of this Act and any orders or regulations under those sections, or
    (ii)  the applicable Community rules,
    or that there will be such a contravention if the vehicle is driven on a road, or
 
  
    (c)  it appears to an authorised person that an offence under section 99(5) of this Act has been committed in respect of a UK vehicle or its driver,
 
 the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time.Enforcement of requirements relating to drivers' hours.
1968 c. 73.
 
        (2)  Where an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.
        (3)  On imposing a prohibition under subsection (1) of this section, the authorised person shall give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a), (b) or (c) of that subsection) in consequence of which the prohibition is imposed and stating whether it is imposed only for a specified period (and if so specifying the period) or without limitation of time.
        (4)  Any direction under subsection (2) of this section may be given--
      (a)  in the notice under subsection (3) of this section, or
      (b)  in a separate notice in writing given to the driver of the vehicle.
        (5)  In this section--
      authorised person" means--
 
            (a)  an examiner appointed by the Secretary of State under section 66A of the Road Traffic Act 1988, or
            (b)  a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police;
1988 c. 52.
 
      UK vehicle" means a vehicle registered under the Vehicle Excise and Registration Act 1994.
1994 c. 22.
 Duration and removal of prohibition.     99B.--(1)  Subject to any exemption granted under subsection (2) of this section, a prohibition under subsection (1) of section 99A of this Act shall come into force as soon as notice of it has been given in accordance with subsection (3) of that section and shall continue in force-- 
  
    (a)  until it is removed under subsection (3) of this section, or
 
  
    (b)  in the case of a prohibition imposed for a specified period, until it is removed under that subsection or that period expires, whichever first occurs.
    (2)  Where notice of a prohibition has been given under section 99A(3) of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purposes as may be specified in the exemption may be granted by any authorised person.
 
     (3)  A prohibition under section 99A(1) of this Act may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a), (b) or (c) of section 99A(1) of this Act) in consequence of which the prohibition was imposed; and on doing so the authorised person shall give notice in writing of the removal of the prohibition to the driver of the vehicle.
 
    (4)  In this section, "authorised person" has the same meaning as in section 99A of this Act.
 
 Failure to comply with prohibition.     99C.  Any person who-- 
  
    (a)  drives a vehicle on a road in contravention of a prohibition imposed under section 99A(1) of this Act,
 
  
    (b)  causes or permits a vehicle to be driven on a road in contravention of such a prohibition, or
 
  
    (c)  refuses or fails to comply within a reasonable time with a direction given under section 99A(2) of this Act,
 
 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale."")  
  
BY THE EARL ATTLEE
 
     Insert the following new Clause-- 
 ("VEHICLE EXCISE AND REGISTRATION 
     .  In the Vehicle Excise and Registration Act 1994, in section 62 (interpretation), after the definition of "business" insert--
    designed and constructed" means designed, constructed or adapted for the present purpose for which the vehicle is being used, irrespective of the purpose for which the vehicle may have originally or previously been designed, constructed or adapted,".")
Vehicle excise and registration: interpretation.
     Insert the following new Clause-- 
 ("VEHICLE EXCISE DUTYVehicle excise duty: special machines.
    In Schedule 1 to the Vehicle Excise and Registration Act 1994 (rates of duty), after paragraph 4(2)(d) insert--
    (dd)  a concrete pumping machine,".")
 
 
 
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