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

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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.
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
315A     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.
  
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.
 
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