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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.

  
After Clause 132
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Insert the following new Clause-- 
     ("  .--(1)  The relevant national authority may by regulations make provision for or in connection with--
    (a)  the imposition by approved local authorities of penalty charges in respect of bus lane contraventions, and
    (b)  the payment of such penalty charges.
    (2)  An authority is an approved local authority if--
Civil penalties for bus lane contraventions.
 
    (a)  an order designating the whole or any part of its area has been made under paragraph 1(1) or 2(1) of Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside Greater London), and
    (b)  the relevant national authority has made an order specifying it as an approved local authority for the purposes of this section.
    (3)  A bus lane contravention is a contravention of any such provision of--
    (a)  a traffic regulation order,
    (b)  an experimental traffic order, or
    (c)  a temporary traffic restriction order,
as relates to the use of an area of road which is or forms part of a bus lane.
 
    (4)  And an area of road is or forms part of a bus lane if the order provides that it may be used--
    (a)  only by buses, or
    (b)  only by buses and some other class or classes of vehicular traffic specified in the order.
    (5)  Regulations under subsection (1) shall include provision--
    (a)  for the setting of the rates of penalty charges (which may include provision for discounts or surcharges) by approved local authorities subject to the approval of the relevant national authority,
    (b)  specifying the person by whom a penalty charge in respect of any contravention is to be paid (who may be the registered keeper of the motor vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person),
    (c)  permitting the imposition of a penalty charge only on the basis of a record produced by an approved device,
    (d)  securing that a penalty charge in respect of a contravention is not required to be paid, or is refunded, where the contravention is the subject of criminal proceedings or where a fixed penalty notice has been given in respect of the contravention, and
    (e)  as to the application by approved local authorities of sums paid by way of penalty charges.
    (6)  Regulations under subsection (1) may--
    (a)  specify exemptions from penalty charges, and
    (b)  make provision about the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of penalty charges.
    (7)  The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.
 
    (8)  Regulations under subsection (7) may include--
    (a)  provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as is prescribed by the regulations, and
    (b)  provision for or in connection with permitting evidence of a fact to be given by the production of a record produced by an approved device with a certificate as to the circumstances in which the record was produced;
but may not confer power to stop motor vehicles.
 
    (9)  In this section--
    approved device" means a device of a description specified in an order made by the relevant national authority,
1991 c. 40.
 
    experimental traffic order" means an order under section 9 of the Road Traffic Regulation Act 1984,
1984 c. 27.
 
    fixed penalty notice" has the same meaning as in Part III of the Road Traffic Offenders Act 1988,
1988 c. 53.
 
    motor vehicle" has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,
1988 c. 52.
 
    registered keeper", in relation to a contravention involving a motor vehicle, means the person in whose name the motor vehicle was registered under the Vehicle Registration and Excise Act 1994 at the time of the contravention,
    relevant national authority" means--
          (a)  the Secretary of State as respects England outside Greater London, or
          (b)  the National Assembly for Wales as respects Wales,
1994 c. 22.
 
    road" has the same meaning as in the Road Traffic Regulation Act 1984,
    temporary traffic restriction order" means an order under section 14 or 16A of that Act, and
    traffic regulation order" means an order under section 1 of that Act.")
1984 c. 27.
  
Clause 148
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 88, line 36, leave out ("the Secretary of State") and insert ("a Minister of the Crown") 
  
After Clause 243
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
     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 of good repute."")
Determination of application for operators' licences (No. 2).
 
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