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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 12th May 2003, as follows—

Clauses 77 to 102
Schedule 6
Clauses 103 to 115
Schedule 7
Clauses 116 to 119

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 77

 

THE VISCOUNT ASTOR
THE LORD LUKE

33Page 32, line 32, at end insert ", and
(d)  a professional harbour master acting in accordance with his duties"
34Page 32, line 32, at end insert ", and
(d)  a person whose primary and main function is the command of a vessel carrying passengers for a fee"
 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

35Page 32, line 34, leave out "or drugs"
36Page 33, line 7, leave out "fishing"
 

THE VISCOUNT ASTOR
THE LORD LUKE

37Page 33, line 7, leave out "fishing vessel" and insert "ship"
 

Clause 78

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

38Page 33, line 20, leave out "or drugs"
 

THE VISCOUNT ASTOR
THE LORD LUKE

39Page 33, line 30, at end insert—
"(   )  Nothing in this section shall relate to voluntary members of a lifeboat crew."
 

Clause 79

 

THE VISCOUNT ASTOR
THE LORD LUKE

40Page 33, line 32, after "person" insert ", subject to their being in a position to pose a substantial safety risk,"
41Page 33, line 36, at end insert—
"(1A)  For the purposes of subsection (1) a ship includes a vessel used in a private capacity for sport or leisure purposes."
 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

42Page 33, line 39, leave out "or drugs"
 

THE VISCOUNT ASTOR
THE LORD LUKE

43Page 33, line 43, at end insert "after consultation with relevant trade associations and recreational boat user groups"
44Page 33, line 43, at end insert—
"(   )  Regulations under subsection (4) shall not be made until a draft has been laid before both Houses of Parliament and approved by resolution of each House."
45Page 34, line 1, at beginning insert "Subject to consultation with the relevant select committees of both Houses of Parliament and relevant trade associations and recreational boat user groups,"
 

Clause 83

 

THE VISCOUNT ASTOR
THE LORD LUKE

46Page 36, line 35, leave out paragraph (c)
 

Clause 84

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

47Page 37, line 8, leave out "or drugs"
 

THE VISCOUNT ASTOR
THE LORD LUKE

48Page 37, line 14, leave out paragraph (b)
 

Clause 85

 

THE VISCOUNT ASTOR
THE LORD LUKE

49Page 37, line 22, after "ship" insert "including privately owned recreational vessels"
50Page 37, line 31, leave out paragraph (b)
 

Clause 87

 

THE VISCOUNT ASTOR
THE LORD LUKE

51Page 38, line 11, at end insert—
"(   )  The organisations consulted in accordance with subsection (6) shall include representatives of the employers, ship-owning companies, the British Chamber of Shipping and the maritime trade unions."
 

Clause 91

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

52Page 39, line 22, leave out "or drugs"
 

Clause 93

 

THE VISCOUNT ASTOR
THE LORD LUKE

53Page 40, line 41, leave out "or undertaking" and insert "contract or other obligation"
 

Clause 95

 

THE LORD BERKELEY

54Page 41, line 28, column 3, at end of paragraph (b) insert—
"(c)  an accident occurs owing to the presence of an aircraft in a public place and a constable reasonably suspects that the person was at the time of the accident a person to whom section 93(1)(a) applied."
 

Clause 96

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

55Page 43, line 15, leave out "or drugs"
 

Clause 97

 

THE LORD CLINTON-DAVIS

55A*Page 43, line 36, at end insert—
"(4)  Notwithstanding the rights of a constable in uniform under sections 95(1) to (3), commercial passenger air transport operators or their agents shall be required to escort a person on board an aircraft, who is suspected of committing an offence under section 89, to a suitable screened area."
 

After Clause 101

 

THE LORD CLINTON-DAVIS

55B*Insert the following new Clause—
  "Peer intervention programmes
  Commercial air transport operators shall be required to introduce peer intervention programmes, the approval and oversight responsibilities for which, will be held by the United Kingdom Civil Aviation Authority."
 

After Clause 103

 

THE LORD BERKELEY

56Insert the following new Clause—
  "Assessment of economic effect of personal injuries
(1)  Section 117 of the Railways Act 1993 (c. 43) (safety of railways and other guided transport systems) is amended as follows.
(2)  After subsection (2) there is inserted—
"(2A)  If to any extent they would not do so apart from this subsection, the general purposes of Part 1 of the 1974 Act shall be interpreted by taking into account the overall economic effect of personal injuries on the public (whether passengers or not) arising from the use of alternative modes of transport.""
57Insert the following new Clause—
  "HSE: responsibility for roads
  In section 117(6)(b) of the Railways Act 1993, for "guided" there is substituted "land surface"."
 

Clause 104

 

THE LORD BERKELEY

58Leave out Clause 104 and insert the following new Clause—
  "Railway safety: financial arrangements
  No charges or levies shall be made on organisations in the railway industry for the services of the Executive, which shall be funded from money provided under section 116."
 

After Clause 106

 

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

59Insert 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"."
 

THE LORD FAULKNER OF WORCESTER

60Insert the following new Clause—
  "Breath tests
  For section 6(1) of the Road Traffic Act 1988 (c. 52) (breath tests) there shall be substituted—
"(1)  A constable in uniform may, subject to section 9 of this Act, require a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place to provide a specimen of breath for a breath test.""
 

THE EARL OF CAITHNESS

60AInsert the following new Clause—
  "Driving with uncorrected defective eyesight
  After section 96(3) of the Road Traffic Act 1988 (c. 52) (driving with uncorrected defective eyesight) insert—
"(4)  It is mandatory that drivers requiring corrective eyewear carry spare corrective eyewear while driving.""
60BInsert the following new Clause—
  "Driving with uncorrected defective eyesight (No. 2)
  After section 96(3) of the Road Traffic Act 1988 (c. 52) (driving with uncorrected defective eyesight) insert—
"(5)  Vision screening equipment shall be used to test drivers' eyesight as part of the driving test.""
60CInsert the following new Clause—
  "Driving with uncorrected defective eyesight (No. 3)
  After section 96(3) of the Road Traffic Act 1988 (c. 52) (driving with uncorrected defective eyesight) insert—
"(6)  A current eyesight prescription shall be produced with all applications for a driving licence.""
60DInsert the following new Clause—
  "Driving with uncorrected defective eyesight (No. 4)
  After section 96(3) of the Road Traffic Act 1988 (c. 52) (driving with uncorrected defective eyesight) insert—
"(7)  Drivers' eyesight should be tested at the scene of an accident where possible.""
60EInsert the following new Clause—
  "Driving with uncorrected defective eyesight (No. 5)
  After section 96(3) of the Road Traffic Act 1988 (c. 52) (driving with uncorrected defective eyesight) insert—
"(8)  If requested by a constable, a current eyesight prescription must be produced by drivers at their local police station within 48 hours of a road traffic accident or random roadside vehicle check.""
60FInsert the following new Clause—
  "Driving with uncorrected defective eyesight (No. 6)
  After section 96(3) of the Road Traffic Act 1988 (c. 52) (driving with uncorrected defective eyesight) insert—
"(9)  It is compulsory that all drivers have their eyesight checked every five years with a reminder being issued by the DVLA.""
60GInsert the following new Clause—
  "Driving with uncorrected defective eyesight (No. 7)
  After section 96(3) of the Road Traffic Act 1988 (c. 52) (driving with uncorrected defective eyesight) insert—
"(10)  As part of any routine roadside check made by a Police Force, drivers will be required to show proof of satisfactory eyesight, and may be required to undertake a roadside examination.""
 

Clause 107

 

THE VISCOUNT ASTOR
THE LORD LUKE

 The above-named Lords give notice of their intention to oppose the Question that Clause 107 stand part of the Bill.
 

After Clause 107

 

THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BRADSHAW
THE LORD BERKELEY

61Insert 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

62Insert the following new Clause—
  "
(1)  In the Road Traffic Act 1988 (c. 52) after section 40A (using a vehicle in dangerous condition) there is inserted—
"40B
(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)  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)  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.
(4)  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
THE LORD BERKELEY

63Insert 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) (obligation to hold operator's licence) 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.""
 

THE LORD FAULKNER OF WORCESTER

64Insert the following new Clause—
  "Driving while using mobile telephone etc.
(1)  The Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078) are amended as follows.
(2)  After Regulation 109 there is inserted—
  "Mobile Telephones
110  No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is using a hand-held mobile telephone or similar device.""
 

THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BRADSHAW

65Insert the following new Clause—
  "Operating centres
  In section 13(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) (determination of applications for operators' licences) after paragraph (d) there is 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 road network for the establishment of such a centre;"."
65AInsert the following new Clause—
  "The National Trail
(1)  In the interest of public health and safety, the following shall have effect.
(2)  The Secretary of State shall within one year from the coming into force of this enactment make a permanent Traffic Regulation Order to prohibit the use of non-essential mechanically propelled vehicles on the National Trail.
(3)  Non-essential mechanically propelled vehicles shall mean all such vehicles but shall not include those driven by individuals with an estate or interest in land adjoining the Trail or their lawful visitors or emergency vehicles.
(4)  A Traffic Regulation Order shall mean an order as defined in the Road Traffic Regulation Act 1984 (c. 27) and as subsequently amended."
 

THE LORD FAULKNER OF WORCESTER

65B*Insert the following new Clause—
  "Seat belts: exemptions
  After section 14(2) of the Road Traffic Act 1988 (c. 52) (seat belts: adults) insert—
"(2A)  The exceptions as may be defined by the Secretary of State in subsection (2) above shall not include the driver of—
(a)  a licensed taxi while it is being used for seeking hire or answering a call for hire or carrying a passenger for hire, or
(b)  a private hire vehicle while it is being used for carrying a passenger for hire.""
 

THE LORD BERKELEY

65C*Insert the following new Clause—
  "Assumption of liability in accidents involving a road vehicle and a bicycle
(1)  The Secretary of State shall within one year of the coming into force of this Act, make regulations providing that, in any accident involving a road vehicle and a bicycle, the driver of the road vehicle shall be assumed to be at least 50% liable for any injury caused to the cyclist.
(2)  No regulations may be made under subsection (1) unless a draft has been laid before and approved by resolution of each House of Parliament."

 
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4 June 2003