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

back to previous amendments
 
  
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.1988 c. 52.
 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."")
 
 
  
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 EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
303A     Insert the following new Clause-- 
     ("  .  For section 11 of the Goods Vehicles (Licensing of Operators) Act 1995 there is substituted-- 
 Publication in locality affected of notice of application for licence.11.--(1)  Subject to subsection (4), the traffic commissioner to whom an application for an operator's licence is made shall refuse the application without considering the merits unless he is satisfied that subsections (2) and (3) have been complied with in respect of each locality affected by the application. 
     (2)  This subsection has been complied with in respect of a locality affected by an application if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality. 
 
        (3)  This subsection has been complied with in respect of a locality affected by an application if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application has been affixed to the perimeter of the site in a position clearly visible to the public."")
        (4)  The traffic commissioner is not required by this section to refuse an application if--
      (a)  he is satisfied as mentioned in subsection (1), save only that the form or contents of the notice of application as published in any newspaper or displayed at the site did not comply with the prescribed requirements, and
      (b)  he is satisfied that no person's interests are likely to have been prejudiced by the failure to comply with those requirements.
        (5)  For the purposes of this section a locality is affected by an application for an operator's licence if it contains any place in the area of the traffic commissioner that will be an operating centre of the licence-holder if the application is granted."")
Publication in locality affected of notice of application for licence.
  
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.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
304A     Insert the following new Clause-- 
     ("  .  In Schedule 3 of the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), after paragraph 2(b) there is inserted--
    (c)  has within the last two years employed one or more drivers that he knew or suspected were illegally claiming unemployment benefits; or
    (d)  has within the last two years employed one or more drivers that were illegally claiming unemployment benefits and having failed to take suitable measures to ascertain whether or not they were claiming benefits or to remit national insurance deductions to the Contributions Agency."")
Operators' licences: good repute.
  
Clause 256
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
305     Leave out Clause 256 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 1 November 2000