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

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Before Schedule 29
 
  
BY THE LORD MACDONALD OF TRADESTON
 
301     Insert the following new Schedule-- 
 ("SCHEDULE 
 DRIVER TRAINING AND DRIVING INSTRUCTORS: MINOR AND CONSEQUENTIAL AMENDMENTs 
 Introductory 
     1. The Road Traffic Act 1988 has effect subject to the following amendments. 
 Consequential amendments about driver training 
     2. In section 89(6) (vehicles which may be driven by virtue of licence authorised by passing of test), for "For" substitute "Subject to regulations under section 99ZA of this Act, for".
 
    3. In section 97(1) (grant of licences), for "the following provisions of this section and section 92 of this Act" substitute "subsection (2) below, section 92 of this Act and regulations under section 99ZA of this Act".
 
    4. In section 98(2) (effect of full licence), after "below" insert "and to regulations under section 99ZA of this Act".
 
    5.--(1) Section 164 (power of constables to require production of evidence) is amended as follows.
 
    (2)  For subsection (4A) substitute--
        (4A)  If regulations make provision for the evidencing of the successful completion of driver training courses or of a person's being within the exemption specified in subsection (2), or any exemption provided by virtue of subsection (3), of section 99ZA of this Act, a person driving on a road a motor vehicle which he--
      (a)  is not authorised so to drive without having successfully completed such a course, or
      (b)  would not be authorised so to drive apart from the exemption,
    may be required by a constable to produce prescribed evidence of the successful completion by him of such a course or of his being within the exemption."
    (3)  In subsection (6), for "his certificate of completion of a training course for motor cyclists" substitute "prescribed evidence of the successful completion by him of a driver training course or of his being within an exemption".
 
    (4)  In subsection (8A), for "a certificate of completion of a training course for motor cyclists" substitute "prescribed evidence of the successful completion of a driver training course or of being within an exemption".
 
    (5)  In subsection (11), for the words from ""counterpart,"" to "completion"" substitute ""counterpart" and "provisional licence"".
 
    6. In section 194 (index of expressions) insert at the appropriate place--
 
 
Driver training course Section 99ZA".
 Tests of continued ability and fitness to give driving instruction 
     7. In section 125(5) (continuing registration conditional on undergoing tests of continued ability and fitness to give instruction), for the words from "undergo" to the end substitute "submit himself for such test of continued ability and fitness to give instruction in the driving of motor cars (which may consist of practical and other means of assessment) as may be prescribed by regulations."
 
    8. In section 125B(6)(b) (similar provision in relation to disabled instructors), after "cars" insert "(which may consist of practical and other means of assessment)".
 
    9.--(1) Section 132 (regulations about examinations and tests) is amended as follows.
 
    (2)  In subsection (1), for "such instruction" substitute "instruction in the driving of motor cars (or appropriate motor cars)".
 
    (3)  In subsection (2)--
    (a)  in paragraph (a) (obligation to provide vehicle)--
          (i)  for "to any" substitute "for any",
          (ii)  for "such a test of continued ability and fitness" substitute "any part of such a test of continued ability and fitness which consists of practical assessment", and
          (iii)  for "the test" substitute "the practical test or assessment",
    (b)  in paragraph (b) (fees)--
          (i)  after "examination" insert ",  or required to submit himself for such a test,", and
          (ii)  after "that part" insert "or such tests,", and
    (c)  in paragraph (c) (particulars), after "examination" insert ",  or is required to submit himself for such a test".
 
 Disabled instructors: emergency control assessments 
     10. In section 133A (assessments of disabled person's ability to control a motor car in an emergency), after subsection (4) insert--
        (4A)  Regulations may require a person who applies to undergo an emergency control assessment (or a part of such an assessment), or is required to submit himself for such an assessment, to pay a fee to the Secretary of State."
 
 Review by magistrates' court of examinations of instructors 
     11.--(1) Section 133 (review of examinations) is amended as follows.
 
    (2)  In subsection (1) (application to magistrates' court)--
    (a)  for "submitted himself for any part of an examination of ability to give instruction in the driving of motor cars" substitute "undergone a relevant examination, or a part of such an examination", and
    (b)  for "that part of the examination was properly conducted in accordance with regulations" substitute "the examination or part was properly conducted".
    (3)  In subsection (2) (order for repayment of fees etc.)--
    (a)  for "that part of the examination was not so" substitute "the examination or part was not properly", and
    (b)  for "that part" substitute "the examination or part".
    (4)  After subsection (3) insert--
        (4)  In this section "a relevant examination" means--
      (a)  an examination of ability to give instruction in the driving of motor cars,
      (b)  a test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or
      (c)  an emergency control assessment."
 
 Respondent in appeals about instructors 
     12. In section 131 (appeals against decisions of registrar), insert at the end--
        (4G)  On an appeal under this section the respondent is the Registrar."")
1988 c. 52.
 
  
After Clause 255
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
 
302     Insert the following new Clause--
 
    ("  .  In the Road Traffic Act 1988, in section 41, after subsection (4) there is inserted--
        (4A)  Regulations made under this section shall provide that any vehicle so constructed that it can be unloaded by part of the vehicle being tipped sideways or rearwards must be fitted with an integral safety prop."")
Vehicles to be fitted with integral safety prop.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
303     Insert the following new Clause--
 
    ("  .  In section 13(5) of the Goods Vehicles (Licensing of Operators) Act 1995, after paragraph (d) there shall be inserted--
      (dd)  in permitting goods vehicles operators to establish an operating centre the traffic commissioner is satisfied that the centre is available, suitable and of sufficient capacity and must take into account the suitability of the local public road network for the establishment of such a centre."")
Operating centres for goods vehicles: licence conditions.
  
BY THE LORD BERKELEY
THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
THE EARL ATTLEE
 
304     Insert the following new Clause--
 
    ("  .  In the Road Traffic Act 1988, after section 41 insert--
 
 Compulsory goods vehicle weighing scheme.41ZA.--(1)  The Secretary of State may make regulations requiring the weighing of any goods vehicle using a major road freight facility, port or premises and the provision of a weight report to the driver of the vehicle. 
     (2)  In particular regulations made under subsection (1) may make provision with respect to-- 
  
    (a)  the method of weighing such goods vehicles;
 
  
    (b)  the form and contents of the weight report;
 
  
    (c)  the number of such reports that must be provided to the driver;
 
  
    (d)  the driver signing and returning a prescribed number of such reports to the operator of the facility;
 
  
    (e)  the keeping of copies of such reports by the operator of the facility; and
 
  
    (f)  the production of such copies by the operator on the request of prescribed public authorities.
    (3)  A weight report provided in accordance with regulations made under this section may be produced in evidence in any proceedings for an offence under this Part relating to the weight of a goods vehicle.
 
    (4)  In this section "major road freight facility, port or premises" means any such facility, port or premises--
 
  
    (a)  having facilities for the carriage of goods by road, and
 
  
    (b)  having an annual throughput of more than 25,000 goods vehicles each exceeding 30,000 kilograms gross vehicle weight,
 
 or more than one such facility, port or premises where they are under common management, control or ownership, share a common access to the highway and together have that annual throughput.".")Compulsory goods vehicle weighing scheme.

1988 c. 52.
  
Clause 256
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
305     Leave out Clause 256 
  
After Clause 256
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
306     Insert the following new Clause--
 
    ("  .  In section 185 of the Road Traffic Act 1988 (meaning of "motor vehicle" and other expressions relating to vehicles), at the end of the definition of "motor vehicle" insert "weighs more than 20 kilogrammes, and".")
Definition of motor vehicle.
307     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.
308     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.
309     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.
310     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 three, or less, penalty points awarded in accordance with section 28 of the Road Traffic Offenders Act 1988."")
Grant of licence to armed forces' members.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE LORD BRADSHAW
 
311     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
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
312     Insert the following new Clause--
 
    ("  .  After section 36 of the Road Traffic Offenders Act 1988, there is inserted--

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."")
Retraining.
313     Insert the following new Clause--
 
    ("  .  After section 41(5) of the Road Traffic Act 1988 there shall be inserted--
        (5A)  Regulations under this section shall provide that articulated tanker vehicles designed and used to carry cement can be operated at 48,000 kilograms gross train weight."")
Construction and use regulations: cement carrying vehicles.
314     Insert the following new Clause--
 
    ("  .--(1)  In section 92 of the Road Traffic Act 1988, after subsection (9) there is inserted--
        (9A)  This section does not apply to a licence issued under the provisions of section 97(1)(e) of this Act."
    (2)  In section 97 of that Act, after subsection (1)(d) there is inserted--
      (e)  requires a licence that at the time of issue does not authorise him to drive any class of vehicle,"
    (3)  In section 98 of that Act, after subsection (1)(d) there is inserted--
      (e)  if issued under section 97(1)(e) of this Act, not authorise any class of vehicle that can be driven".")
Conditions of use of licence.
  
BY THE LORD ADDINGTON
 
315*     Insert the following new Clause--
 
    ("  .--(1)  Guidance shall be issued under the Disability Discrimination Act 1995 to ensure that all local licensing authorities require that drivers of hackney carriages shall undergo a two hour programme of disability awareness training prior to being granted their licence.
 
    (2)  Such Guidance shall be updated as necessary and reissued to local licensing authorities.")
Disability awareness training for licensed taxi drivers.
 
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