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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


 

Clause 7

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

Page 3, line 16, at end insert—
"(   )  The Branch shall inform the police or the Health and Safety Executive, as appropriate, if it has reason to believe that an offence has been committed."
 

Clause 16

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

Page 8, line 7, leave out subsections (1) to (3) and insert—
"(   )  The Office of Rail Regulation shall take into account the economic implications of safety decisions."
 

Schedule 4

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

Page 62, line 35, leave out "four" and insert "two"
Page 62, line 38, at end insert—
"(   )  at least two persons with direct experience of providing railway services in London appointed following consultation with Transport for London,"
Page 63, line 33, leave out paragraphs 4 to 6 and insert—
      "The Authority will appoint from among its members a person to act as chairman and a deputy chairman."
 

Clause 25

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

Page 11, line 39, at end insert—
"(   )  The Chief Constable may pay or make allowances to special constables as may be allowed to other special constables."
 

Clause 30

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
[As an amendment to the first amendment to page 13, line 25,
printed on sheet HL Bill 53(a)]

Line 2, at end insert—
"(i)  in response to a request for assistance from an officer of a force."
 

Clause 77

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Page 32, line 34, leave out "or drugs"
Page 33, line 7, leave out "fishing"
 

Clause 78

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Page 33, line 20, leave out "or drugs"
 

Clause 79

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Page 33, line 39, leave out "or drugs"
 

Clause 84

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Page 37, line 8, leave out "or drugs"
 

Clause 91

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Page 39, line 22, leave out "or drugs"
 

Clause 96

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Page 43, line 15, leave out "or drugs"
 

After Clause 106

 

THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BRADSHAW
THE VISCOUNT SIMON

Insert the following new Clause—
  "Prescribed limits
(1)  The Road Traffic Act 1988 (c. 52) shall be amended as follows—
(2)  In section 8(2) leave out "50" and insert "35".
(3)  In section 11(2) in the definition of "the prescribed limit"—
(a)  in paragraph (a) leave out "35" and insert "22";
(b)  in paragraph (b) leave out "80" and insert "50";
(c)  in paragraph (c) leave out "107" and insert "67"."
 

After Clause 107

 

THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BRADSHAW

Insert the following new Clause—
  "Development of Rural Road Hierarchy
(1)  There shall be a new classification of speed limits for rural roads to be known as a Rural Road Hierarchy.
(2)  The Hierarchy will set maximum speed limits for different road types, and include speed limits no higher than—
(a)  20 mph for rural roads in the vicinity of schools and roads designated as Quiet Lanes under the Transport Act 2000 (c. 38);
(b)  30 mph for rural roads passing through villages;
(c)  40 mph for rural roads which have been classified as Country Lanes;
(d)  50 mph for poor quality single carriageways;
(e)  60 mph for high quality single carriageways; and
(f)  70 mph for duel carriageway roads.
(3)  For the purposes of this section, a "Country Lane" is any road which is primarily used for local access, where there is no white centre line and which has been designated as such by the local transport authority.
(4)  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 the rural road hierarchy according to the existing or desired function of the road.
(5)  Local transport authorities may amend the existing speed limit for a road or roads within that classification, taking into account guidance issued by the Secretary of State.
(6)  As soon as is practicable and no later than six months after the coming into force of this Act the Secretary of State shall issue guidance as to the way in which a transport authority shall exercise its powers in developing a Rural Road Hierarchy.
(7)  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 (subject to the requirements in subsection 4 above and the Transport Act 2000) and how the assessment of road quality is to be made;
(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, subject to the requirements in subsection (2);
(f)  the procedures for applying speed limits on an area basis;
(g)  how the Rural Road Hierarchy will link to requirements under the Transport Act 2000 for the production of Local Transport Plans; and
(h)  the relationship between the Rural Road Hierarchy and urban roads."
 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Insert the following new Clause—
  "Driving a motor vehicle while driving ability is impaired due to the influence of drugs
(1)  In the Road Traffic Act 1988 (c. 52) after section 40A (using a vehicle in dangerous condition) there is inserted—
"40BDriving a motor vehicle while driving ability is impaired due to the influence of drugs
(1)  A person commits an aggravated offence if he drives a motor vehicle on a road while his ability to drive is impaired by drugs.
(2)  Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to drive it is a defence for him to show that—
(a)  he took the drug for a medicinal purpose on and in accordance with medical advice, or
(b)  he took the drug for a medicinal purpose and had no reason to believe that it would impair his ability to drive.
40CField impairment test and blood or other samples
  A constable shall have the right to require any driver whom he reasonably suspects of committing a moving traffic offence to take a field impairment test, or require a blood or other bodily sample for analysis, or both, for the purpose of establishing whether or not that driver is under the influence of any drug."
(2)  Penalty
  A person guilty of an offence under this Part shall be liable—
(a)  on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
(b)  on summary conviction, to a fine not exceeding the statutory maximum.
(3)  Reporting of statistics
(1)  It shall be the duty of each coroner to publish each year a report containing a list of all accidents which led to fatalities in which any of the drivers involved tested positive for any drug.
(2)  It shall be the duty of each police force to include each year in its annual report a report containing—
(a)  a list of all motor accidents which led to fatalities in which any of the drivers involved tested positive for any drug, and
(b)  a list of all motor accidents causing injury in which any of the drivers involved tested positive for any drug."
 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET

Insert the following new Clause—
  "Duty to hold licence
  After subsection (4) of section 2 of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) there is inserted—
"(4A)  The hirer or lessor of a vehicle has a duty to ensure that the person hiring or leasing a vehicle holds a valid operators licence and, if it is found he does not, the vehicle shall be impounded.""

 
 
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©Parliamentary copyright 2003
14 May 2003