Transport Bill - continued        House of Lords

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  PART V
  MISCELLANEOUS AND SUPPLEMENTARY
 
Licensing of operators of goods vehicles
Increase of fine for breach of obligation to hold operator's licence.     253. - (1) In section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (obligation to hold operator's licence: penalty for offence), for "level 4" substitute "level 5".
 
      (2) Subsection (1) does not apply to any offence committed before this section comes into force.
 
Detention of vehicle used without operator's licence.     254. - (1) In the Goods Vehicles (Licensing of Operators) Act 1995, after section 2 insert-
 
 
"Detention of vehicle used without operator's licence.     2A. Schedule 1A (which relates to the detention, removal and disposal of goods vehicles in respect of which it appears that section 2 is contravened) shall have effect."
 
      (2) After Schedule 1 to that Act insert, as Schedule 1A, the Schedule set out in Schedule 29 to this Act.
 
Addition of specified vehicles to operator's licence.     255. In section 5 of the Goods Vehicles (Licensing of Operators) Act 1995 (vehicles authorised to be used under operator's licence), for subsection (6) substitute-
 
 
    "(6) A motor vehicle which is not specified in an operator's licence is not authorised to be used under that licence by virtue of subsection (1) unless the licence-holder-
 
 
    (a) has given to the traffic commissioner by whom the licence was issued a notice in such form and containing such information about the vehicle as the commissioner may require, and
 
    (b) has paid to him a prescribed fee."
 
Licensing of private hire vehicles
Vehicles subject to regulation as private hire vehicles.     256. - (1) In section 79 of the Public Passenger Vehicles Act 1981 (which provides that a vehicle which is not a public service vehicle because of section 1(3) or (4) of that Act is to be treated as one for the purpose of excluding it from regulation as a private hire vehicle), for "1(3) or (4)" substitute "1(4)".
 
      (2) After that section insert-
 
 
"Small PSVs subject to regulation as private hire vehicles.     79A. - (1) If a small bus is being provided for hire with the services of a driver for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of-
 
    (a) Part II of the Local Government (Miscellaneous Provisions) Act 1976, or
 
    (b) any local Act applying in any area in England and Wales which regulates the use of private hire vehicles provided for hire with the services of a driver for the purpose of carrying passengers and excludes public service vehicles from the scope of that regulation.
      (2) If a small bus is being made available with a driver to the public for hire for the purpose of carrying passengers otherwise than at separate fares, it is not to be regarded as a public service vehicle for the purpose of the Private Hire Vehicles (London) Act 1998.
 
      (3) But subsection (1) or (2) does not apply where the vehicle is being so provided or made available in the course of a business of carrying passengers by motor vehicles all but a small part of which involves the operation of large buses.
 
      (4) In this section-
 
 
    "small bus" means a public service vehicle within paragraph (b) of subsection (1) of section 1 of this Act; and
 
    "large buses" means public service vehicles within paragraph (a) of that subsection."
      (3) In section 167(4) of the Criminal Justice and Public Order Act 1994 (touting for hire car services: defence in case of public service vehicles), for "passengers for public service vehicles" substitute "passengers to be carried at separate fares by public service vehicles".
 
 
Enforcement of requirements relating to drivers' hours
Power to prohibit driving of vehicle.     257. After section 99 of the Transport Act 1968 there is inserted-
 
 
"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;
 
    "UK vehicle" means a vehicle registered under the Vehicle Excise and Registration Act 1994.
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.
 
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."
 
 
School crossing patrols
School crossing patrols.     258. - (1) The Road Traffic Regulation Act 1984 is amended as follows.
 
      (2) In section 26 (arrangements for patrolling places where children cross roads during certain periods)-
 
 
    (a) in subsection (1), omit "during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way,", and
 
    (b) after that subsection insert-
 
    "(1A) Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit."
 
      (3) In section 28 (power to stop vehicles at school crossings)-
 
 
    (a) in subsection (1)-
 
      (i) omit "between the hours of eight in the morning and half-past five in the afternoon", and
 
      (ii) for "children on their way to or from school, or from one part of a school to another, are" substitute "a person is",
 
    (b) in subsection (2)-
 
      (i) for "children are" substitute "person is", and
 
      (ii) for "their" substitute "his", and
 
    (c) in subsection (5)-
 
      (i) insert "and" at the end of paragraph (a), and
 
      (ii) omit paragraph (c) and the word "and" before it.
 
Financial assistance: inland waterway and sea freight
Financial assistance for inland waterway and sea freight.     259. - (1) The Secretary of State may make grants or other payments for the purpose of securing or encouraging the carriage of goods by inland waterway or by sea rather than by road where he is satisfied that that is in the public interest.
 
      (2) Grants or payments under this section may in particular be made in respect of facilities for or in connection with the carriage of goods by inland waterway or by sea (including facilities for loading or unloading goods).
 
      (3) Grants or payments under this section shall be of such amount and subject to such conditions (including conditions requiring their repayment in specified circumstances) as the Secretary of State may determine.
 
      (4) So far as it relates to inland waterways in Wales the power conferred by this section is a power of the National Assembly for Wales.
 
      (5) The power conferred by this section may only be exercised in or as regards Scotland if its exercise relates to reserved matters within the meaning of the Scotland Act 1998.
 
      (6) In this section "inland waterway" includes both a natural and an artificial inland waterway.
 
 
Supplementary
Offences: general.     260. - (1) If an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of-
 
 
    (a) a director, manager, secretary or other similar officer of the body, or
 
    (b) a person who was purporting to act in such a capacity,
       he (as well as the body) commits the offence.
 
      (2) In subsection (1) "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body.
 
      (3) If an offence under this Act is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he (as well as the partnership) commits the offence.
 
Repeals and revocations.     261. Schedule 30 contains repeals and revocations.
 
Commencement.     262. - (1) Subject as follows, the preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument; and different provision may be made for different purposes.
 
      (2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).
 
      (3) An order making provision for the coming into force of section 150-
 
 
    (a) shall provide for it to come into force on 1st April in any year, and
 
    (b) shall be made at least three months before the day on which it is to come into force.
      (4) Section 230 (and Schedule 24) and section 251 (and Schedule 28) come into force on the day on which this Act is passed.
 
      (5) In section 243, subsections (1) and (3) to (5), and subsections (2) and (8) so far as relating to subsections (3) to (5), shall be treated as having come into force on 10th May 2000.
 
Transitionals and savings.     263. - (1) The Secretary of State may by order made by statutory instrument make any transitional provisions or savings which he considers appropriate in connection with the coming into force of any provision of this Act.
 
      (2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III (and the repeals relating to Part II).
 
Power to make amendments.     264. - (1) The Secretary of State may, in consequence of any provision of this Act or of any instrument made under it, by order made by statutory instrument make such amendments (including repeals or revocations) as appear to him to be appropriate in-
 
 
    (a) any Act (whether public general or local) passed, or
 
    (b) any subordinate legislation (within the meaning of the Interpretation Act 1978) made,
       before that provision comes into force.
 
      (2) The power conferred by subsection (1) is exercisable as respects Wales by the National Assembly for Wales (and not the Secretary of State) in relation to Parts II and III and any instruments made under them.
 
      (3) No order shall be made under subsection (1) by the Secretary of State unless a draft of the order containing it has been laid before, and approved by resolution of, each House of Parliament.
 
Financial provision.     265. - (1) There shall be paid out of money provided by Parliament-
 
 
    (a) any expenditure incurred by any Minister of the Crown or government department under or by virtue of this Act (apart from any expenditure to be met from the National Loans Fund), and
 
    (b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
      (2) There shall be issued to the Secretary of State by the Treasury out of the National Loans Fund any sums required by him for-
 
 
    (a) making loans under section 52 to a transferee, or
 
    (b) making loans to the Strategic Rail Authority.
      (3) There shall be paid into the National Loans Fund any repayment of, or payment of interest on, loans-
 
 
    (a) made under section 52 by the Secretary of State to a transferee, or
 
    (b) made by the Secretary of State to the Strategic Rail Authority.
      (4) The assets of the National Loans Fund shall be reduced by an amount corresponding to such liability as the Secretary of State extinguishes by order under section 57.
 
      (5) There shall be paid into the Consolidated Fund any sums received by any Minister of the Crown or government department under or by virtue of this Act (apart from any sums required to be paid into the National Loans Fund).
 
Extent.     266. - (1) Parts II and III, and the repeals relating to those Parts, and sections 256 and 258, and the repeals relating to Part V, extend only to England and Wales.
 
      (2) Subject as follows, Part IV, sections 253 to 255 (and Schedule 29) and section 257 extend only to England and Wales and Scotland.
 
      (3) The amendments made by Parts I and IV, and the repeals and revocations relating to those Parts, have the same extent as the enactments to which they relate (except where it is otherwise provided).
 
      (4) Sections 245 and 248, paragraph 14 of Schedule 14 and Schedule 26 extend to England and Wales, Scotland and Northern Ireland.
 
Short title.     267. This Act may be cited as the Transport Act 2000.
 
 
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Prepared 28 July 2000