Transport Bill -
Amendments to be debated in the House of Lords
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In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offenders), before the entry relating to section 4(1) of the Road Traffic Act 1988 insert--
  
Before Clause 241
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
 
     Insert the following new Clause-- 
 ("ROAD TRAFFIC STRATEGy 
     .--(1)  It shall be the duty of the Secretary of State (in respect of England) or the National Assembly for Wales (in respect of Wales), within one year of the coming into force of this Act, to prepare a strategy specifying an indicative level of road traffic for each year over the next ten years such that by the year 2010, total road traffic miles do not exceed 90 per cent. of the levels which apply on the day when this Act comes into force.
 
    (2)  In preparing the strategy the Secretary of State or National Assembly for Wales shall consult such persons as they see fit.
 
    (3)  The Secretary of State or the National Assembly for Wales shall as soon as is practicable after its completion publish the strategy and take such steps as are in their opinion necessary to ensure that the indicative levels are met.
 
    (4)  The Secretary of State or the National Assembly for Wales shall thereafter report from time to time on the progress of the strategy.
 
    (5)  The Secretary of State or the National Assembly for Wales may amend the strategy from time to time as they see fit to ensure that the indicative levels are met.")
Road traffic strategy.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE EARL OF MAR AND KELLIE
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may enter into agreements or other arrangements--
    (a)  for the purpose of securing the provision, improvement or development by others of any inshore shipping services or maritime assets, or
    (b)  for any purpose relating to inshore shipping services.
    (2)  Agreements or other arrangements entered into under this section may provide for the Secretary of State--
    (a)  to make grants or other payments or loans,
    (b)  to give guarantees, or
    (c)  to invest in bodies corporate,
on such terms and subject to any such conditions as the Secretary of State considers appropriate.
 
    (3)  The Secretary of State shall not enter into agreements or other arrangements under this section for the purpose of securing the provision, improvement or development in Scotland of--
    (a)  services for the carriage of cargo by sea,
    (b)  facilities for or in connection with the carriage of cargo by sea or the loading or unloading of cargo carried or intended to be carried by sea,
if the Scottish Ministers have power to do so.
 
    (4)  In this section--
    facilities" includes vessels, pilotage, buoyage, harbours, piers, jetties, equipment for embarcation and dis-embarcation and equipment for loading and unloading cargo;
    inshore shipping" includes coastal, island to mainland, inter-island, canal, navigable river, loch, lough and lake.")
Inshore shipping services.
  
After Clause 243
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     Insert the following new Clause-- 
 ("USE OF WEIGHT RESTRICTED ROUTES BY GOODS VEHICLEs 
     .  It shall be incumbent on the driver of a goods vehicle using a weight restricted route to provide evidence on demand to any police officer or member of the Vehicle Inspectorate or Trading Standards Office that he is using the route lawfully.")Lawful use of weight restricted routes by goods vehicles.
     Insert the following new Clause-- 
     ("  .--(1)  Any site where heavy commercial vehicles are loaded or where such vehicles initially enter the public highway network should be equipped with dynamic axle weighing equipment capable of providing to the driver with a printed record of the individual axle weights of the vehicle together with the gross train weight before it commences its journey on the public highway.
 
    (2)  It shall be an offence to consign or to drive any vehicle which is overloaded from the site.
 
    (3)  Site" means single premises or a number of premises at the same location having a common entrance to the public highway.")
Overloading etc of heavy commercial vehicles.
     Insert the following new Clause-- 
     ("  .  In section 13(5) of the Goods Vehicles (Licensing of Operators) Act 1995, after paragraph (d) there shall be inserted--
      (dd) in permitting goods vehicles operators to establish an operating centre the traffic commissioner is satisfied that the centre is available, suitable and of sufficient capacity and must take account the suitability of the local public road network for the establishment of such a centre."")
Operating centres for goods vehicles: licence conditions.
     Insert the following new Clause-- 
     ("  .  In section 26(1) of the Goods Vehicles (Licensing of Operators) Act 1995, for paragraph (f) there shall be substituted--
      (f) that any undertaking recorded in the licence, whether given (or procured to be given) for any purpose in regard to an operator's licence has not been fulfilled;".")
Revocation etc of operator's licence.
     Insert the following new Clause-- 
     ("  .  In section 20 of the Road Traffic Regulation Act 1984, at the end of subsection (5) there is inserted--
        (6)  The driver of a heavy commercial vehicle using a restricted road must on request from a police officer, member of the vehicle inspectorate or a trading standards officer produce written evidence that he is using the route for the purpose of loading or unloading the vehicle within the area of the restricted route,"")
Use of vehicles on roads of certain classes.
  
After Clause 245
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
     Insert the following new Clause-- 
 Type approval certificates 
     ("  .  After section 63(5) of the Road Traffic Act 1988 (type approval certificates: exemptions), insert--
 
    (6) The Secretary of State may by order--
    (a) exempt from all or any of the preceding provisions of this section the use of vehicles for such purposes or in such an area as may be prescribed.
    (b) except any class of goods vehicles from the provisions of subsection (2) above, and
    (c) make provision for the issue in respect of a vehicle or vehicle part in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle or vehicle part from the provisions of subsection (1) above for such period as may be specified in the certificate."")
Type approval certificates: exemptions other than by regulations.
     Insert the following new Clause-- 
     ("  .  In section 125 of the Road Traffic Act 1988, for subsection (3)(a) there is substituted--
    (a)  he has either--
          (i)  passed such examination of ability to give instruction in the driving of motor cars (consisting of a written examination, a practical test of ability and fitness to drive and a practical test of ability and fitness to instruct) as may be so prescribed, or--
          (ii)  within the last 5 years has qualified as a driving instructor at a defence school of transport operated by the Secretary of State, provided that any such qualification has not been revoked,".")
Register of approved driving instructors.
     Insert the following new Clause-- 
     In section 13(2) of the Goods Vehicles (Licensing of Operators) Act 1995 (determination of applications for operators' licences)--
    (a)  at the end of paragraph (a) omit "and", and
    (b)  at the end of paragraph (b) insert "and (c) whether he is professionally competent."")
Determination of application for operators' licences.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
     Insert the following new Clause-- 
     ("  .--(1)  In the Road Traffic Act 1988, before section 4 insert--Offence of driving while using a hand-held mobile telephone.
1988 c. 52.
 Driving while using a hand-held mobile telephone.     3B.  If a person drives a mechanically propelled vehicle on a road or other public place while making, receiving or conducting a telephone call using a hand-held mobile telephone he is guilty of an offence." 
 
 section 3B

Driving while using a hand- held mobile telephone.
Summarily.
Level 4 on the standard scale.
Discretionary.
Obligatory.
3-9".")

 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     Insert the following new Clause-- 
     (".  In paragraph 2(5) of Schedule 3 to the Road Traffic Act 1991 (special parking areas), at the end of the words in parentheses insert "and to moving vehicles failing to comply with the indications given by the signs shown in any of diagrams 612, 613, 614, 953, 960, 961, 1043, 1044, 1048 and 1048.1 of the Traffic Signs Regulations and General Directions 1994")SI 1994. No. 1519.
Special parking areas.
     Insert the following new Clause-- 
     ("  .  In paragraph 3(1) of Schedule 3 to the Road Traffic Act 1991 (control of parking in permitted and special parking areas), omit "stationary".")Parking in permitted and special parking areas.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
 
     Insert the following new Clause-- 
     ("  .--(1)  As part of their local transport plan, and subject to guidance issued by the Secretary of State, a local transport authority may designate any residential road or roads within their area as a home zone, and any rural road within their area as a quiet lane, for any or all of the following purposes--
    (a)  improving the environment;
    (b)  improving the safety and security of the community in whose area the home zone is situated;
    (c)  improving safety on rural roads, especially for pedestrians, pedal cyclists and horse riders, by reducing the risk of accidents;
    (d)  protecting the character and distinctiveness of the countryside from damage to traffic.
    (2)  The Secretary of State may introduce regulations with regard to home zones or quiet lanes which may have any or all of the following effects--
    (a)  giving pedestrians and pedal cyclists precedence on any highway in a home zone, and pedestrians, pedal cyclists and horseriders precedence on any quiet lane;
    (b)  requiring the driver of any mechanically powered vehicle to accord such precedence to any pedestrian, pedal cyclist or horse rider;
    (c)  requiring pedestrians, cyclists and horseriders to show reasonable behaviour towards any mechanically powered vehicle, and not wilfully to obstruct its passage;
    (d)  requiring physical or other measures to reduce traffic speeds to no more than 10 mph in a road designated as a home zone, or 20 mph on a designated quiet lane.")
Local transport plan and road traffic.
     Insert the following new Clause-- 
     ("  .--(1)  Local transport authorities shall have the power under this section to review any restricted and unrestricted non-urban road or roads for which they are the traffic authority and reclassify them as part of a rural road hierarchy.
 
    (2)  Local transport authorities may amend the existing speed limit for a road or roads within that classification, taking into account guidance issued by the Secretary of State.
 
    (3)  As soon as is practicable and no later than six months after the coming into force of this Act the Secretary of State shall issue guidance as to the way in which a transport authority shall exercise its powers in developing a rural road hierarchy.
 
    (4)  Guidance under this section shall include guidance on--
    (a)  the function of the rural road hierarchy;
    (b)  definitions of different road types and areas, including country lanes, quiet lanes and villages;
    (c)  the procedures for reviewing the classification of roads and reclassifying them, including the use of appraisal;
    (d)  requirements for public consultation;
    (e)  appropriate speed limits for different road types within the hierarchy;
    (f)  the procedures for applying speed limits on an area basis;
    (g)  how the rural road hierarchy will link into requirements under section 98 for the production of local transport plans; and
    (h)  the relationship between the rural road hierarchy and urban roads.
    (5)  The Secretary of State may, if he deems it appropriate, issue different guidance for different authorities or different types of authority or for different areas.")
Rural road hierarchy.
  
Clause 252
 
  
BY THE EARL ATTLEE
 
     Page 155, line 33, at end insert ("and section ("Enforcement of requirements relating to drivers' hours") 
 
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