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

back to previous amendments
 
  
After Clause 256
 
  
BY THE EARL ATTLEE
THE BARONESS THOMAS OF WALLISWOOD
THE LORD BERKELEY
THE LORD MARSH
 
391     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
 
392     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
 
393     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
 
394     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
 
395     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
 
396     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
 
397     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
 
398     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."")
 
399     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.
400     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.
401     Insert the following new Clause-- 
     ("  .  After subsection (5) of section 41 of the Road Traffic Act 1988 there shall be inserted--
        (5A)  No order relating to mobile cranes made under this section shall prevent the operator of the mobile crane from carrying a motor bicycle of no more than 250cc displacement with the vehicle."")
Construction and use regulations: mobile cranes.
  
BY THE LORD BERKELEY
 
402     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
THE LORD BRABAZON OF TARA
 
403     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.
404     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.
405     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.
406     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.
407     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.
408     Insert the following new Clause-- 
     ("  .  In the Disability Discrimination Act 1995, after subsection (2) of section 70, there shall be inserted--
        (2A)  Section 37 shall come into force on 1st April 2001."")
Carrying of guide and hearing dogs in taxis.
  
BY THE EARL ATTLEE
 
409     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
 
410     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
 
411     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."") 
  
BY THE LORD BERKELEY
 
412     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.
413     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.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
414     Insert the following new Clause-- 
  
        ("  .--(1)  At the end of paragraph (b) of subsection (2) of section 36 of the Road Traffic Offenders Act 1988 insert ", or section 4 (drink and drugs)".
        (2)  After paragraph (b) of subsection (2) of section 36 of the Road Traffic Offenders Act 1988, insert "or
      (c)  a second offence within two years under section 3 (careless driving) of the Road Traffic Act 1988;".")
Disqualification until test is passed.
415*     Insert the following new Clause-- 
  
        ("  .  After section 36 of the Road Traffic Offenders Act 1988, there is inserted--
Retraining (No. 2).
 Endorsement of licences.     36A.--(1)  Subsection (2) applies where--
    (a)  a person is the holder of a licence;
    (b)  he is convicted of a second offence under section 3 (careless driving) of the Road Traffic Act 1988 within a three year period;
    (c)  the penalty points to be taken into account under section 29 on the occasion of the second offence number between two and five;
    (d)  the court makes an order falling within section 44(1)(b) in respect of the offence.
 
  
        (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.     36B.--(1)  Where the Secretary of State receives a notice sent to him under section 36A(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."")
 
  
BY THE VISCOUNT SIMON
 
416*     Insert the following new Clause-- 
  
        ("  .--(1)  Subject to the provisions of this section, any person who causes or permits the use of immobilisation devices or other means to prevent a motor vehicle being driven or otherwise put into motion, where the vehicle has been permitted to remain at rest on any land, without the consent of the occupier shall be guilty of an offence and is liable on summary conviction to a fine not exceeding the statutory maximum.
        (2)  It shall be a defence under subsection (1) if the detention of any motor vehicle occurs through the reasonable use of measures for the security of the land or other property on it, or is licensed under regulations made under subsection (3).
        (3)  The Secretary of State shall make regulations requiring local authorities to issue licences for the use of immobilisation devices in certain circumstances and these regulations shall include--
      (a)  the criteria by which local authorities shall grant a licence;
      (b)  the fees which may be charged for such a licence;
      (c)  the circumstances under which an immobilisation device can be used, signage to indicate the use of immobilisation devices, the maximum amount which has to be paid for the release of that vehicle from that device, alternative methods of payment for the release of a motor vehicle, those classes of vehicles which cannot be immobilised;
      (d)  the types of immobilisation devices which may be used;
      (e)  provision for uncollected vehicles;
      (f)  provision imposing absolute liability for the safe keeping of the vehicle whilst immobilised;
      (g)  provision on how disputes shall be dealt with.
        (4)  Nothing in this section shall prevent any party pursuing a civil action, but the provisions of this section and any regulations made under it may be relied upon by any party to any such proceedings as tending to establish or negative any liability which is in question in those proceedings.
        (5)  Nothing in this section shall affect the authorisation of or the use of immobilisation devices under the Road Traffic Regulation Act 1984.".)
Vehicle clamping.
  
After Clause 257
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
417     Insert the following new Clause-- 
 ("Driving instructors 
  
        .  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.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS HAMWEE
 
418     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." 
  
        (2)  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--
 
418section 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
 
419     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.")
S.I. 1994.
No. 1519.
Special parking areas.
420     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 EARL ATTLEE
THE LORD BRABAZON OF TARA
 
421     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 BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BEAUMONT OF WHITLEY
 
422     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.
423     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.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
424     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall undertake an annual examination of the road haulage industry to establish the industry's needs with regard to the employment and training of commercial vehicle drivers.
 
    (2)  The Secretary of State shall publish his conclusions in an annual report laid before Parliament.
 
    (3)  The report shall cover--
    (a)  shortages and surpluses in each region;
    (b)  backlog of vocational driving tests;
    (c)  training needs in the use of information technology (transport telematics);
    (d)  shortages of suitable driving and related transport instructors; and
    (e)  shortages of examiners.")
Driver employment and training in road haulage industry: publication of annual report.
  
BY THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
THE EARL ATTLEE
 
425     Insert the following new Clause-- 
     ("  .  The Secretary of State will within twelve months of this Act coming into force make a report to Parliament as to what current fiscal provisions in his opinion inhibit the promotion of cycling, walking, the use and integration of public transport, the reduction in the use of motor vehicles and improvement in their environmental performance and what fiscal provisions in his opinion would further such promotion without the imposition of further taxes.")Report on fiscal provisions.
  
BY THE LORD PEYTON OF YEOVIL
 
426     Insert the following new Clause-- 
     ("  .--(1)  Except in cases of emergency arising from defects in any pipes, cables or other works, an undertaker planning to execute street works in a maintainable highway must inform (in respect of local transport) the local transport authority and (in respect of traffic regulation) the traffic authority (or in Greater London, Transport for London) of the proposed works.
 
    (2)  Where--
    (a)  the local transport authority considers that street works notified to them under subsection (1) adversely effect the implementation of the local transport plan made under section 98, or
    (b)  the traffic authority (or in Greater London, Transport for London) considers that those street works adversely effect the passage of traffic on a road or roads,
the relevant authority may levy a charge of £1,000 for each day or part of a day in which a street, or a unit of area of a street, is occupied for the purpose of executing those street works.
 
    (3)  Where street works notified under subsection (1) occupy more than one unit of area of a street a charge may be levied under subsection (2) in respect of each unit.
 
    (4)  The Secretary of State shall make provision by regulations--
    (a)  as to the meaning of "unit of area" in this section;
    (b)  as to the time and manner of making payment of a charge;
    (c)  for the relevant authority to reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.
    (5)  The Secretary of State may by regulations substitute for the sum mentioned in subsection (2) such higher sum as appears to him appropriate.
 
    (6)  Regulations under subsection (5) shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.
 
    (7)  Regulations under subsection (4)(a) may make different provision in respect of different areas or classes of area or for different streets or classes of street.
 
    (8)  Regulations under subsection (4) shall be laid before Parliament and subject to annulment in pursuance of a resolution of either House.
 
    (9)  In this section--
    (a)  local transport authority" has the same meaning as in section 98 above,
Street works: charges for adverse affect on transport and traffic.
 
    (b)  road" has the same meaning as in section 142 of the Road Traffic Regulation Act 1984,
    (c)  traffic authority" has the same meaning as in section 121A of that Act.
    (10)  The power to make regulations under this section is exercisable by statutory instrument.")
1984. c. 27.
  
Schedule 30
 
  
BY THE LORD BERKELEY
 
427     Page 334, line 4, column 3, leave out ("Section 40") 
  
Clause 264
 
  
BY THE EARL ATTLEE
 
428     Page 164, line 19, at end insert ("and section ("Enforcement of requirements relating to drivers' hours")") 
  
BY THE LORD PEYTON OF YEOVIL
 
429     Page 164, line 19, at end insert ("and section (Street works: charges for adverse effect on transport and traffic)") 
 
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