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

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After Clause 256
 
  
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--Enforcement of requirements relating to drivers' hours.
1968 c. 73.
 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. 
      (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.
 <~et>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.
 
 <~et>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 guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale."") 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
     Insert the following new Clause-- 
  
        ("  .--(1)  The Secretary of State shall publish an annual report and plan on the supply and training of commercial vehicle drivers.
        (2)  The report shall cover--
      (a)  shortages and surpluses in each region,
      (b)  backlog of vocational driving tests,
      (c)  shortages of suitable driving instructors, and
      (d)  shortages of examiners.")
Supply and training of commercial vehicle drivers: publication of annual report.
     Insert the following new Clause-- 
  
        ("  .--(1)  The Secretary of State shall publish an annual guide to the minimum cost per mile of legally operating a variety of goods vehicles.
        (2)  The Secretary of State shall not include any element of operating profit in the guide.
        (3)  The Secretary of State shall ensure that all United Kingdom taxes and duties are included in his calculations.
        (4)  The Secretary of State shall ensure that annual mileages of--
      (a)  50,000,
      (b)  75,000, and
      (c)  100,000,
    are included in the guide.
        (5)  When producing the guide the Secretary of State shall consult any trade association, vehicle manufacturers or vehicle distributors he thinks fit.
        (6)  The guide for the second and subsequent years shall include the figures for the previous year.")
Publication of guide to operating costs.
  
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.
  
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.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     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 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.
  
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.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     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.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
     Insert the following new Clause-- 
     ("  .  After section 96 of the Transport Act 1968 (permitted driving time) there shall be inserted--Strategy for provision of service areas.
 <~et>Strategy for provision of service areas.     96A.  The Secretary of State shall publish a strategy for the provision of service areas on special roads and the trunk road system so that commercial vehicle drivers can-- 
  
    (a)  conveniently comply with the provisions of section 96 of this Act, and
 
  
    (b)  have access to a comprehensive range of ablutions."")
 
     Insert the following new Clause-- 
 (Construction or adaption of vehicles 
      .  In section 41 of the Road Traffic Act 1988, after subsection (7) insert--
        (8)  In any regulations made under this section--
      constructed and adapted" means 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.".")
Regulations regarding constructing or adapting vehicles.
     Insert the following new Clause-- 
 
        ("  . In the Road Traffic Act 1988, after subsection (6) of section 41, there shall be inserted--
        (6A)  The Secretary of State shall publish the regulations made under this section in a fully updated form on at least an annual basis.
        (6B)  The Secretary of State shall produce and release electronically all the extant regulations made under this section."")
Construction and use regulations.
     Insert the following new Clause-- 
     ("  .  In the Road Traffic Act 1988, after subsection (2) of section 111, there shall be inserted--
        (3)  The Secretary of State shall produce an annual report on the effect of delays in the granting of provisional vocational drivers' licences."")
Effects of delays in granting provisional HGV drivers licences: publication of annual report.
     Insert the following new Clause-- 
     ("  .  In section 123(1) of the Road Traffic Act 1988, after "motor car" insert "or heavy motor car".")Driving instructors: registration etc.
     Insert the following new Clause-- 
     ("  .  In the Road Traffic Act 1988, after subsection (3) of section 105, there shall be inserted--
        (3A)  Nothing in the regulations shall prevent a member of the armed forces from being granted a full or provisional licence to drive heavy motor cars by virtue of six, or less, penalty points awarded in accordance with section 28 of the Road Traffic Offenders Act 1988."")
Grant of licence to armed forces' members.
     Insert the following new Clause-- 
     ("  .  In the Road Traffic Regulation Act 1984, after subsection (1) of section 104, there shall be inserted--
        (1A)  When a person authorised under subsection (1B) below finds on private property a vehicle which has been permitted to remain at rest there in contravention of any warning signs, he may fix an immobilisation device to that vehicle if he is authorised to do so by the Secretary of State.
        (1B)  The Secretary of State may authorise a person to immobilise a vehicle in accordance with subsection (1A) above.
        (1C)  Before the Secretary of State authorises an applicant, he must be satisfied that the applicant fulfils the following requirements, namely--
      (a)  that he is of good repute, and
      (b)  that he is of the appropriate financial standing."")
Immobilisation of vehicles on private property.
     Insert the following new Clause-- 
     ("  .  In section 37(5) of the Disability Discrimination Act 1995, after the word "medical" insert "or religious".")Carrying of guide and hearing dogs in taxis: exemptions.
 
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