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

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After Clause 257
 
  
BY THE LORD MACDONALD OF TRADESTON
 
316     Insert the following new Clause-- 
 ("Appeals relating to London service permits 
     .--(1)  Section 189 of the Greater London Authority Act 1999 (appeals against decisions of Transport for London about London service permits) is amended as follows.
 
    (2)  In subsections (2) and (4) (appeals to be made to Mayor), for "appeal to the Mayor" substitute "make an appeal".
 
    (3)  In subsection (5) (appeal to be made within 28 days of issue of notice of decision), insert at the end "; but, subject to that, the procedure for the making of appeals under this section shall be such as the Secretary of State may by regulations prescribe."
 
    (4)  For subsection (6) (Mayor to refer appeal to panel appointed by him) substitute--
        (6)  An appeal under this section shall be heard by a panel of persons appointed by the Lord Chancellor for the purpose of hearing such an appeal ("an appeal panel")."
    (5)  For subsection (7) (charging by Mayor of fees for appeals) substitute--
        (7)  The Secretary of State may make regulations providing for the charging of reasonable fees in respect of appeals under this section."
    (6)  In subsection (9) (payment by Mayor of fees and expenses of panel members), for "Mayor" substitute "Secretary of State".
 
    (7)  For subsections (11) to (13) (power of panel to report to Mayor who may issue appropriate guidance or directions to Transport for London) substitute--
        (11)  An appeal panel which has heard an appeal against a decision may--
      (a)  uphold the decision,
      (b)  quash the decision, or
      (c)  substitute for the decision such other decision which Transport for London had power to make as appears to the appeal panel to be appropriate.
        (12)  An appeal panel which has heard an appeal may make an order about payment of the costs of the appeal; and such an order may require that Transport for London pay to the person who made the appeal a sum equal to the whole or part of any fee paid in accordance with regulations under subsection (7) above."
    (8)  In section 420(7) of that Act (regulations subject to negative Parliamentary procedure), after the entry relating to any provision contained in Chapters I to IV or VI of Part III, insert--
    section 189;".")
London service permits: appeals.
1999 c. 29.
  
BY THE BARONESS THOMAS OF WALLISWOOD
THE BARONESS SCOTT OF NEEDHAM MARKET
 
317     Insert the following new Clause--
 
    ("  .--(1)  As part of their local transport plan, and subject to guidance issued by the appropriate national authority, a local transport authority may designate any residential road within their area as a quiet lane.
 
    (2)  Designations of home zones or quiet lanes may be made 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 road, 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 by traffic.
    (3)  At any future time the appropriate national authority 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 horse riders 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 horse riders 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.
318     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 appropriate national authority.
 
    (3)  As soon as is practicable and no later than six months after the coming into force of this Act the appropriate national authority 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 107 for the production of local transport plans; and
    (h)  the relationship between the rural road hierarchy and urban road.
    (5)  The appropriate national authority may, if it 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
THE LORD DIXON-SMITH
 
319     Insert the following new Clause--
 
    ("  .--(1)  The Secretary of State may by order implement a scheme for the charging of foreign lorries and large passenger vehicles on entering the United Kingdom.
 
    (2)  The scheme may apply different charges for different classes of vehicle.
 
    (3)  Before implementing a scheme under this section the Secretary of State shall consult United Kingdom local authorities, road haulage and passenger vehicle operators, the European Commission and any other bodies which appear appropriate.
 
    (4)  The effects of the scheme must be reviewed annually.
 
    (5)  No order may be made by the Secretary of State under this section unless a draft of the instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.")
Powers to charge foreign goods vehicles and large passenger vehicles entering the United Kingdom.
  
After Clause 258
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
320     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 LORD ROTHERWICK
THE LORD BISHOP OF HEREFORD
 
321     Insert the following new Clause-- 
 ("Stands etc. for bicycles or motor cycles 
     .--(1)  The Road Traffic Regulation Act 1984 is amended as follows.
 
    (2)  In section 63 (power of authorities to provide stands and racks for bicycles), for "and racks for bicycles" substitute "or racks for, or devices for securing, bicycles or motor cycles".
 
    (3)  In section 136(4) (meaning of "motor cycle"), for "section 57" substitute "sections 57 and 63".")
Stands etc. for bicycles or motor cycles.
1984 c. 27.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
322     Insert the following new Clause--
 
    ("  .--(1)  The Road Traffic Regulation Act 1984 is amended as follows.
 
    (2)  In section 3 (what a road traffic regulation order may provide), at end insert--
        (5)  No traffic regulation order shall apply to the use of a two-wheeled motor cycle in a bus lane unless specifically authorised by an order made by the Secretary of State."
    (3)  In section 6(1) (orders similar to traffic regulation orders), leave out "and (5)" and insert ",  (5) and (7)".
 
    (4)  In section 6, at end insert--
        (7)  No traffic regulation order made under this section shall apply to the use of a two-wheeled motor cycle in a bus lane unless specifically authorised by an order made by the Secretary of State.")
    (5)  In section 142 (general interpretation of Act), insert in the appropriate place--
        bus lane" means that part of the road which is restricted to public service vehicles and other vehicles in accordance with a traffic regulation order made under section 1 or 6 of this Act,
        motor cycle" means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which does not exceed 410 kilograms,"")
Motor cycles in bus lanes.
323     Insert the following new Clause--
 
    ("  .  After section 17(3) of the Road Traffic Regulation Act 1984 there shall be inserted--
        (3A)  Regulations made under subsection (2) shall, in respect of breakdown warning triangles--
            (i)  not prohibit their use on a special road,
            (ii)  provide for their placement at least 100 meters behind a broken down vehicle."")
Breakdown warning triangles: regulations.
324     Insert the following new Clause--
 
    ("  .--After section 38(9) of the Road Traffic Act 1988 there shall be inserted--
        (10)  No provision of the code shall discourage the use of breakdown warning triangles on a special road.
        (11)  The code shall provide that when breakdown warning triangles are used on a special road, they shall be placed at least 100 metres behind the broken down vehicle."")
Breakdown warning triangles used on special roads.
325     Insert the following new Clause--
 
    ("  .  After section 45(2)(b) of the Road Traffic Act 1988 there is inserted--
    (c)  for the issue and display of a test date disc, where it is found on such examination that the requirements mentioned in subsection (1) above are complied with.
    (2A)  In this section, a "test date disc" means disc similar in size and shape to a licence issued according to regulations made under the Vehicle Excise and Registration Act 1994 and containing the following particulars--
    (a)  the registered number of the vehicle assigned under section 23 of the Vehicle Excise and Registration Act 1994;
    (b)  the date until which the test certificate is valid; and
    (c)  the serial number of the test certificate.")
Display of test date disc on excise vehicles.
326     Insert the following new Clause--
 
    ("  .  After section 47(1) of the Road Traffic Act 1988 there shall be inserted--
        (1A)  A person who uses on a road at any time, or causes or permits to be so used, a vehicle to which this section applies and there is not fixed to and exhibited on the vehicle a test date disc in accordance with section 45(2) of this Act is guilty of an offence."")
Failure to exhibit test date disc.
  
BY THE LORD SWINFEN
 
327     Insert the following new Clause--
 
    ("  .--(1)  The Secretary of State may by regulations order that the renewal of an excise licence for a vehicle may be refused where there are one or more outstanding parking fines against that vehicle.
 
    (2)  Before making regulations under subsection (1), the Secretary of State shall consult such persons as he thinks fit.
 
    (3)  Regulations made under subsection (1) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
Renewal of vehicle excise licence: regulations.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
328     Insert the following new Clause--
 
    ("  .--(1)  The Road Traffic Act 1988 is amended as follows.
 
    (2)  After section 6 (breath tests) insert--
 
 Saliva tests.6A.--(1)  Where a constable in uniform has reasonable cause to suspect-- 
  
    (a)  that a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has a drug in his body or has committed a traffic offence whilst the vehicle was in motion, or
 
  
    (b)  that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with drugs in his body and that that person still has a drug in his body, or
 
  
    (c)  that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion,
 
 he may, subject to section 9 of this Act, require him to provide a specimen of saliva for a saliva test. 
 
        (2)  If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a constable may, subject to section 9 of this Act, require any person who he has reasonable cause to believe was driving or attempting to drive or in charge of the vehicle at the time of the accident to provide a specimen of saliva for a saliva test.
        (3)  A person may be required under subsection (1) or (2) above to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under subsection (2) above and the constable making the requirement thinks fit, at a police station specified by the constable.
        (4)  A person who, without reasonable excuse, fails to provide a specimen of saliva when required to do so in pursuance of this section is guilty of an offence.
        (5)  A constable may arrest a person without warrant if--
      (a)  as a result of a saliva test he has reasonable cause to suspect that that person has committed an offence under section 4 of this Act, or
      (b)  that person has failed to provide a specimen of saliva for a saliva test when required to do so in pursuance of this section and the constable has reasonable cause to suspect that he has a drug in his body,
    but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient or the drugs have been prescribed by a medical practitioner.
        (6)  A constable may, for the purpose of requiring a person to provide a specimen of saliva under subsection (2) above in a case where he has reasonable cause to suspect that the accident involved injury to another person or of arresting him in such a case under subsection (5) above, enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.
        (7)  Subsection (6) above does not extend to Scotland, and nothing in that subsection shall affect any rule of law in Scotland concerning the right of a constable to enter any premises for any purpose.
        (8)  In this section "traffic offence" means an offence under--
      (a)  any provision of Part II of the Public Passenger Vehicles Act 1981,
      (b)  any provision of the Road Traffic Regulation Act 1984,
      (c)  any provision of the Road Traffic Offenders Act 1988 except Part III, or
      (d)  any provision of this Act except Part V."")
1981 c. 14.
1984 c. 27.
1988 c. 53.
Saliva tests.
329*     Insert the following new Clause--
        ("  .  In section 97 of the Road Traffic Act 1988, after subsection (3)(d) there shall be inserted--
      (e)  shall not authorise a person, before he has passed a test of competence to drive, to drive a motor cycle when used in connection with a trade, business or profession.
        (3A)  Nothing in subsection (3)(e) above shall prevent a person from using a motor cycle to travel to or from his place of work."")
Authorisation to drive vehicle for business use.
 
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