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

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After Clause 230
 
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
THE LORD BRADSHAW
THE LORD BERKELEY
[In substitution for the amendment to clause 222 printed on sheet HL Bill 91(a)]
 
     Insert the following new Clause-- 
     ("  .  In the Railways Act 1993, omit section 17(5).")Directions requiring grant of lease.
  
After Clause 256
 
  
BY THE LORD BERKELEY
 
     Insert the following new Clause-- 
     ("  .  The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1994 shall not be amended until a period of ten years has elapsed from the date of commencement of this Act.")Construction and Use regulations.
S.I. 1994/329.
  
BY THE EARL ATTLEE
 
     Insert the following new Clause-- 
     ("  .  After subsection (8) of section 16 of the Highways Act 1980, there shall be inserted--
        (8A)  The Secretary of State shall publish a nationwide scheme for the maintenance of a high and heavy load route network."")
Publication of nationwide scheme for maintenance of high and heavy load route network.
  
BY THE EARL ATTLEE
THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may make an order to provide that all major road freight facilities, ports and premises with an estimated throughput of more than 10,000 goods vehicles per year exceeding 7500 kilograms gross vehicle weight shall have a compulsory goods vehicle weighing scheme.
 
    (2)  Any order made under subsection (1) above shall provide--
    (a)  for the weighing of every goods vehicle leaving the facility;
    (b)  for the provision of the driver with two copies of a weight report;
    (c)  that the driver must sign and return one copy of the weight report to the facility operator;
    (d)  that the weight report shall show--
          (i)  the registration number of the vehicle,
          (ii)  the gross vehicle weight,
          (iii)  the number of axles,
          (iv)  the weight on each individual axle,
          (v)  whether the vehicle would be illegal in terms of axle or gross weights even if it had the most favourable axle spacings and tyre equipment, and
          (vi)  the details with broadly the same layout as the plating certificate, provided for under section 49 of the Road Traffic Act 1988;
    (e)  that the facility operator shall keep a copy of all weight reports for a period of 12 months and shall make originals available to enforcement agencies.
    (3)  Production of a weight report together with relevant tachograph records may be used as evidence of the weight of the lorry in any court proceedings involving overloading.
 
    (4)  In this section a "major road freight facility" or "facility" means a location--
    (a)  of one or more premises under common management, control or ownership;
    (b)  having one or more common exits onto the highway; and
    (c)  having a throughput of more than 10,000 goods vehicles with a gross vehicle weight exceeding 7500 kilograms per annum.
    (5)  If a driver is convicted under section 42 of the Road Traffic Act 1988 of an offence relating to overloading, the court must disqualify the driver for a period of at least one month if his vehicle was weighed in accordance with subsection (1) above unless--
    (a)  the driver can show that an additional significant load was taken on after weighing in accordance with subsection (1) above and--
          (i)  it was not practical to re-weigh the vehicle,
          (ii)  the overload was caused by the additional load,
          (iii)  there was no reason to suspect that the vehicle would be overloaded by the additional load, and
          (iv)  the tachograph records show that it would have been possible for an additional load to have been taken on in accordance with the driver's evidence in defence, or
    (b)  there are exceptional circumstances why the driver should not be disqualified.
    (6)  In this subsection, "exceptional circumstances" means circumstances relating to the overload.")
Compulsory goods vehicle weighing scheme.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
     Insert the following new Clause-- 
 ("RETRAINING> 
     .  After section 5 of the Road Traffic (New Drivers) Act 1995 there is inserted--Retraining.
 Endorsement of licences.     5A.--(1)  Subsection (2) applies where--
    (a)  a person is the holder of a licence;
    (b)  he is convicted of an offence involving obligatory endorsement;
    (c)  the penalty points to be taken into account under section 29 of the Road Traffic Offenders Act 1988 on that occasion number between two and five;
    (d)  the court makes an order falling within section 44(1)(b) of that Act in respect of the offence;
    (e)  the person's licence shows the date on which he became a qualified driver; or that date has been shown by other evidence in the proceedings; and
    (f)  it appears to the court, in the light of the order and the date so shown, that the offence was committed during the person's probationary period.
    (2)  Where this subsection applies, the court must send to the Secretary of State a notice containing the particulars required to be endorsed on the counterpart of the person's licence in accordance with the order referred to in subsection (1)(d).
 
 Mandatory retraining classes.     5B.--(1)  Where the Secretary of State receives a notice sent to him under section 5A(2) of the particulars required to be endorsed on the counterpart of a person's licence, the Secretary of State must by notice served on that person require them to attend mandatory retraining classes.
 
    (2)  A requirement under subsection (1) shall have effect from a date specified in the notice of retraining which may not be earlier than the date of service of that notice.
 
 <~et>Newly Qualified Driver Retraining Instructor.     5C. The Secretary of State shall create--
    (a)  guidelines as to who may be approved as a Newly Qualified Driver Retraining Instructor, and
    (b)  a register of Newly Qualified Driver Training Instructors to be used in conjunction with orders made under subsection (1) of section 5B.
 
 Probationary period of driving: evidence of retraining instruction.     5D.  Where a person who is in their probationary period of driving and has undergone mandatory retraining in accordance with a notice made under section 5B(1), commits a subsequent offence involving obligatory endorsement of 6 penalty points or more, the court may order the relevant driver retraining instructor to bear witness as to the competency of the driver in question during the retraining period."") 
     Insert the following new Clause-- 
  
        ("  .--(1)  After subsection (3) of section 64 of the Road Traffic Regulation Act 1984, there shall be inserted--
        (3A)  The regulations made by the Secretary of State under subsection (3) shall require the relevant authority to post signs that distinguish between secure and non-secure car parks.".
 
 
        (2)  After subsection (1)(iv) of section 35 of the Road Traffic Regulation Act 1984, there shall be inserted--
      , and
            (v) guidelines indicating what is to be considered a secure car park;".")
Secure and non-secure car parks.
  
BY THE LORD BERKELEY
 
     Insert the following new Clause-- 
     ("  .  No scheme for allowing general use of six axle 44 tonne lorries with EURO II exhaust standards shall come into effect until--
    (a)  two years after the publication of the final report of the Commission for Integrated Transport on 44 tonne lorries;
    (b)  the Strategic Rail Authority has reported on the effects of 44 tonne lorries on rail freight; and
    (c)  sections 253 to 255 of this Act have come into effect.")
Scheme for use of 44 tonne lorries.
     Insert the following new Clause-- 
 ("CASUALTY REDUCTION AND ROAD SAFETy 
     .--(1)  It shall be the duty of the Secretary of State to issue guidance on a local casualty reduction target and the development of road safety plans.
 
    (2)  The Secretary of State shall produce a three-yearly report on road safety, to be laid before Parliament and approved by both Houses, outlining the effects of his policies, of those adopted by local authorities and of those put in place by other non-statutory organisations.
 
    (3)  The Secretary of State shall put in place a means to monitor the success of his plans to reduce casualties.)
Casualty reduction and road safety: report and guidance.
  
Schedule 30
 
  
BY THE LORD BERKELEY
 
     Page 334, line 4, column 3, leave out ("Section 40") 
 
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