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

back to previous amendments
 
  
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at a defence school of transport operated by the Secretary of State, provided that any such qualification has not been revoked,".")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
THE VISCOUNT CRAIGAVON
 
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 metres 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--
Saliva tests.
 
      (a)  any provision of Part II of the Public Passenger Vehicles Act 1981,
1981 c. 14.
 
      (b)  any provision of the Road Traffic Regulation Act 1984,
1984 c. 27.
 
      (c)  any provision of the Road Traffic Offenders Act 1988 except Part III, or
      (d)  any provision of this Act except Part V."")
1988 c. 53.
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.
329A     Insert the following new Clause-- 
     ("  .  In section 89 (tests of competence to drive) of the Road Traffic Act 1988, after subsection (4)(c) there shall be inserted--
    (d)  that a candidate for a test may provide a certificate of training,
    (e)  that the person who instructed the candidate may sign the certificate of training if, in his opinion, the candidate is sufficiently trained by him to be able to pass the test,
    (f)  for the supply by the Secretary of State of the forms for the certificate of training and for charges to be made for the supply,
    (g)  that the Secretary of State shall keep and publish records for each instructor of--
          (i)  the number of candidates providing certificates of training, signed by the instructor, who pass the test;
          (ii)  the number of candidates providing certificates of training, signed by the instructor, who fail the test;
          (iii)  the number of candidates providing certificates of training, signed by the instructor, where the test was terminated by the person conducting the test by reason of the candidate's conduct during the test."")
Tests of competence to drive: Regulations.
329B     Insert the following new Clause-- 
     ("  .  After section 89(9) of the Road Traffic Act 1988 there shall be inserted--
 
    (10)  In this section--
    candidate" means a person submitting himself for a test under this section;
    certification of training" means a certificate signed by the candidate's instructor under subsection (4)(f);
    instructor" means a person who has given instruction to the candidate under section 123 of this Act."")
Tests of competence to drive: interpretation.
329C     Insert the following new Clause-- 
     ("  .  In Part I of Schedule 6 to the Road Traffic Regulation Act 1984, in column 3(a) of the Table, for "70" and "60" there is substituted "62".")Maximum speed of passenger vehicles on motorway.
329D     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall undertake an annual investigation of the road haulage industry to establish industry's needs with regard to the employment and training of commercial vehicle drivers.
 
    (2)  The Secretary of State shall publish his conclusions in a report laid before Parliament 12 months after this Act comes into force and annually thereafter.
 
    (3)  The report shall cover--
    (a)  causes of road haulage industry accidents;
    (b)  backlog of vocational driving tests;
    (c)  training needs in the use of information technology;
    (d)  shortages of suitable driving and related transport instructors; and
    (e)  shortages and quality examiners.")
Driver employment and training in road haulage industry: publication of annual report.
  
Schedule 30
 
  
BY THE LORD MACDONALD OF TRADESTON
 
330     Page 331, line 6, at end insert-- 
 ("1996 c. ix.London Local Authorities Act 1996.Part II.") 
331     Page 331, column 3, leave out lines 7 to 9 
332     Page 331, line 26, at end insert-- 
 ("2000 c. vii.London Local Authorities Act 2000.Section 48.
Schedule 2.")
 
333     Page 332, leave out lines 17 to 19 
334     Page 336, line 11, column 3, after ("Board") insert ("or any subsidiary of theirs"") 
335     Page 338, column 3, leave out line 49 and insert-- 
 ("In section 43, subsection (11) and, in subsection (12), the words following paragraph (d).")
Schedule 2.")
 

336     Page 343, line 43, at end insert-- 
 ("(1) DRIVER TRAINING AND DRIVING INSTRUCTORs 
 ChapterShort titleExtent of repeal 
 1988 c. 52.Road Traffic Act 1988.Section 89(2A) and (5A).
In section 97--
in subsection (3), paragraph (e) and the word "and" before it, and
subsections (3A) and (3B).
In section 98(3), paragraph (c) and the word "or" before it.
In section 108(1), the definitions of "approved training course for motor cyclists" and "prescribed certificate of completion".
In section 130--
in subsection (3), the words "under this section", and
in subsection (5), the words "granted under this section".
Section 131(5).
Schedule 3.
 
 Road Traffic (Driver Licensing and Information Systems) Act 1989.1989 c. 22.Section 6.
In Schedule 3--
in paragraph 11(c), sub-paragraph (ii) and the word "and" before it,
in paragraph 15, sub-paragraph (g) and the word "and" before it, and
in paragraph 18, sub-paragraphs (b) and (d).
 
 
 (2) OTHER PROVISIONS") 
337     Page 344, line 16, at end insert-- 
 ("1991 c. 22.New Roads and Street Works Act 1991.In section 74(4), the words "if he does so".") 
  
Clause 266
 
  
BY THE LORD MACDONALD OF TRADESTON
 
338     Page 166, line 29, after ("sections") insert ("(Charges for whole duration of works) and (Charges where works unreasonably prolonged),") 
339     Page 166, line 29, after ("256") insert (", (London service permits: appeals)") 
  
BY THE LORD ROTHERWICK
THE LORD BISHOP OF HEREFORD
THE VISCOUNT CRAIGAVON
 
340     Page 166, line 29, leave out ("and 258") and insert (", 258 and (Stands etc. for bicycles or motor cycles)") 
  
BY THE LORD MACDONALD OF TRADESTON
 
341     Page 166, line 29, leave out ("relating to Part V") and insert ("in Part V(2) of Schedule 30") 
342     Page 166, line 31, after ("IV,") insert ("sections (Compulsory driver training courses) to (Training and instructors: minor and consequential amendments) (and Schedule (Driver training and driving instructors: minor and consequential amendments)),") 
343     Page 166, line 32, after ("257") insert (", and Part V(1) of Schedule 30,") 
 
back to previous 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