Transport Bill - continued        House of Lords
PART II, LOCAL TRANSPORT - continued
Bus services: miscellaneous - continued

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Civil penalties for bus lane contraventions.     143. - (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-
 
 
    (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,
 
    "experimental traffic order" means an order under section 9 of the Road Traffic Regulation Act 1984,
 
    "fixed penalty notice" has the same meaning as in Part III of the Road Traffic Offenders Act 1988,
 
    "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,
 
    "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,
 
    "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.
 
Mandatory travel concessions outside Greater London
Mandatory concessions outside Greater London.     144. - (1) Any elderly person or disabled person residing in a travel concession authority's area who travels on an eligible service on a journey-
 
 
    (a) between places in that area, and
 
    (b) beginning at a relevant time,
       is entitled to be provided with a half-price travel concession by the operator of the service (but subject to subsections (2) and (3)).
 
      (2) A person is not entitled to be provided with a concession under subsection (1) on any occasion if he fails on that occasion to meet any requirement to produce a travel concession permit imposed by the travel concession authority.
 
      (3) A person may agree with the travel concession authority that he is not entitled to be provided with concessions under subsection (1) for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).
 
      (4) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision about agreements within subsection (3).
 
      (5) The regulations may in particular make provision-
 
 
    (a) requiring the serving of notices before an agreement is made,
 
    (b) about the form of agreements, and
 
    (c) as to the period for which a person may agree not to be entitled to concessions.
Mandatory concessions: supplementary.     145. - (1) In this Part-
 
 
    "disabled person" means a person who-
 
      (a) is blind, that is, so blind as to be unable to perform any work for which sight is essential,
 
      (b) is partially sighted, that is, with sight impaired to such an extent that he cannot reasonably accurately estimate the size and speed of movement of vehicular traffic,
 
      (c) is deaf,
 
      (d) is without speech,
 
      (e) has a disability, or has suffered an injury, which seriously impairs his ability to walk,
 
      (f) is without the use of both arms (whether by reason of the absence of those limbs or for any other reason),
 
      (g) has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
 
      (h) would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness),
 
    "elderly person" means a person who has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995),
 
    "eligible service" means-
 
      (a) until section 92 of the Finance Act 1965 (grants towards duty charged on bus fuel) ceases to have effect as a result of section 153(6), a service in relation to which fuel used in operating the service falls to be taken into account for the purpose of calculating grant payable to the operator of the service under section 92 of that Act, and
 
      (b) after that time, a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
 
    "a half-price travel concession", in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,
 
    "relevant time" means-
 
      (a) any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971, or
 
      (b) a time during the period from 9.30 a.m. to 11 p.m. on any other day,
 
    "travel concession authority" means-
 
      (a) a non-metropolitan district council in England,
 
      (b) a council of a county in England so far as they are the council for an area for which there are no district councils,
 
      (c) a Passenger Transport Executive for a passenger transport area in England, or
 
      (d) a county council or county borough council in Wales, and
 
    "travel concession permit" means a document in any form indicating that the person to whom it is issued is entitled to be provided with concessions under section 144(1).
      (2) A travel concession authority must not make any charge for the issue of a travel concession permit.
 
Variation of mandatory concessions.     146. The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order amend either or both of sections 144 and 145 for or in connection with securing that section 144(1)-
 
 
    (a) applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),
 
    (b) applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),
 
    (c) applies to a journey between a place in a travel concession authority's area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),
 
    (d) provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares, or
 
    (e) applies, or does not apply, to a journey beginning at a specified time.
Enforcement.     147. - (1) An operator commits an offence if he systematically fails to comply with the obligation under section 144(1) during any period.
 
      (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 
      (3) Proceedings for an offence under this section shall not be instituted except-
 
 
    (a) by a travel concession authority, or
 
    (b) by or with the consent of the Director of Public Prosecutions;
       and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.
 
Reimbursement of operators.     148. - (1) Where an operator provides concessions under section 144(1) for persons who reside in a travel concession authority's area, the authority shall reimburse the operator for providing the concessions.
 
      (2) Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be-
 
 
    (a) such as the travel concession authority may agree with the operators who provide concessions for persons who reside in their area, or
 
    (b) in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.
      (3) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision-
 
 
    (a) with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,
 
    (b) as to the manner of making any payments due to operators by way of reimbursement, and
 
    (c) about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.
 
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