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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD FAULKNER OF WORCESTER

1Page 1, leave out lines 6 and 7 and insert—
  ""railway" means a system of transport employing parallel rails which—
(a)  provide support and guidance of vehicles carried on flanged wheels, and
(b)  form a track which either is of a gauge of at least 350 millimetres or crosses a carriageway (whether or not on the same level),
 but does not include a tramway;
 "street" means any, or any combination, of the following—
(a)  a highway within the meaning of section 328 of the Highways Act 1980 (c. 66) (interpretation),
(b)  a bridleway, carriageway, cycle track, footpath or footway as respectively defined in section 329(1) of that Act (further provisions as to interpretation),
(c)  land on the verge of a carriageway or between two carriageways,
(d)  land laid out as a way whether it is for the time being formed as a way or not, and
(e)  any other place to which the public has access (including access only on making payment);
 "tramway" means a system of transport used wholly or mainly for the carriage of passengers employing rails which provide support and guidance for vehicles carried on flanged wheels and in respect of which—
(a)  the rails are laid wholly or partly along a street, and
(b)  over the whole or part of the system the permitted speed of vehicles operating on it is limited to that which enables the driver of any such vehicle to stop it within the distance he can see to be clear ahead;"
 

Clause 7

 

THE VISCOUNT ASTOR
THE LORD LUKE

2Page 3, line 12, at end insert—
"(1A)  The Rail Accident Investigation Branch may investigate any railway situation which it judges to have the potential to cause an accident."
3Page 3, line 13, leave out subsection (2)
 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE EARL OF MAR AND KELLIE
THE LORD BERKELEY

4*Page 3, line 18, at end insert "not later than twelve months following an accident"
 

Clause 8

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE EARL OF MAR AND KELLIE
THE LORD BERKELEY

5*Page 4, line 26, at end insert—
"(   )  None of the information obtained under this section shall be divulged to any other party.
(   )  On completion of any report by the Chief Inspector, all information used in its preparation shall be destroyed."
 

Clause 9

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE EARL OF MAR AND KELLIE

6*Page 5, line 47, at end insert—
"(   )  The Secretary of State shall make regulations concerning the management of a site being investigated to ensure that the Chief Inspector has overall management control of the site while his investigations are in progress."
 

Clause 10

 

THE LORD BERKELEY
THE LORD FAULKNER OF WORCESTER

7*Page 6, line 36, at end insert—
"(   )  The Secretary of State shall make regulations providing that, in cases where the Chief Inspector does not investigate an accident or incident falling within the jurisdiction of the British Transport Police, the British Transport Police has overall management control of the accident or incident site while its investigations are in progress."
 

Clause 21

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE EARL OF MAR AND KELLIE

8*Page 9, line 32, at end insert—
"(   )  Regulations under subsection (4) shall not come into effect before 31st December 2004."
 

Clause 27

 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE EARL OF MAR AND KELLIE
THE LORD FAULKNER OF WORCESTER

9*Page 12, line 32, at end insert—
"(   )  For the purpose of employing community support officers under section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees)—
(a)  the Authority shall be considered a police authority;
(b)  the Police Force shall be considered a police force; and
(c)  the Chief Constable shall be considered a chief officer of police."
 

After Clause 27

 

THE LORD McINTOSH OF HARINGEY

10*Insert the following new Clause—
  "Exercise of powers by civilians
(1)  The following provisions of the Police Reform Act 2002 (c. 30) shall apply in relation to the Police Force as they apply in relation to other police forces—
(a)  section 38 (police powers for police authority employees),
(b)  section 39 (police powers for contracted-out staff),
(c)  section 42 (supplementary),
(d)  section 45 (code of practice),
(e)  section 46 (offences),
(f)  section 47 (interpretation), and
(g)  Schedule 4 (powers exercisable by civilians).
(2)  For the purpose of subsection (1) the provisions specified in that subsection shall have effect with any necessary modifications and, in particular—
(a)  the provisions shall have effect as if a reference to a police force were a reference to the Police Force,
(b)  the provisions shall have effect as if a reference to the chief officer of police of a police force were a reference to the Chief Constable,
(c)  the provisions shall have effect as if a reference to a police authority were a reference to the Authority,
(d)  the provisions shall have effect as if a reference to a constable were a reference to a constable of the Police Force,
(e)  section 45 shall have effect, except in relation to a code which is expressed to apply for the purposes of that section in its application both by virtue of this section and otherwise, as if for subsection (3) there were substituted a requirement to consult the Authority and the Chief Constable, and
(f)  Schedule 4 shall have effect as if a reference to the relevant police area or a police area were a reference to—
(i)  any place in England or Wales where a constable of the Police Force has powers by virtue of section 30(1)(a) to (f) of this Act, and
(ii)  for a purpose connected to a railway or to anything occurring on or in relation to a railway, any place in England and Wales."
 

Clause 73

 

THE LORD McINTOSH OF HARINGEY

11Page 30, line 40, leave out subsection (4)
 

Clause 76

 

THE LORD McINTOSH OF HARINGEY

12*Page 32, line 24, at end insert—
"(   )  The powers exercisable by virtue of section (Exercise of powers by civilians) shall not be exercisable in relation to Scotland."
 

Clause 77

 

THE VISCOUNT ASTOR
THE LORD LUKE

13Page 32, line 32, at end insert ", and
(d)  a professional harbour master acting in accordance with his duties."
14Page 32, line 32, at end insert ", and
(d)  an employee of the Marine and Coastguard Agency."
15Page 33, line 7, leave out "fishing vessel" and insert "ship"
16Page 33, line 7, after "vessel" insert "or on a vessel with a crew of three or less"
 

Clause 84

 

THE VISCOUNT ASTOR
THE LORD LUKE

17Page 37, line 14, leave out paragraph (b)
 

Clause 95

 

THE LORD BERKELEY
THE LORD FAULKNER OF WORCESTER

18*Page 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 104

 

THE LORD BERKELEY

19*Page 46, line 27, at end insert—
"(   )  Regulations under subsection (1) shall take into account the licence fee arrangements operated by the Rail Regulator."
 

THE LORD McINTOSH OF HARINGEY

20Page 47, line 4, at end insert—
"(   )  In section 82 of that Act (general provisions)—
(a)  in subsection (3)(b) after "which" insert "(unless subsection (4) applies)", and
(b)  after subsection (3) insert—
    "(4)  The first regulations under section 43A(1) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.""
 

Clause 107

 

THE VISCOUNT ASTOR
THE LORD LUKE

21Leave out Clause 107
 

After Clause 107

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER
THE LORD BRADSHAW

22Insert 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 etc.) 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)  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, or to a fine, or to both,
    (b)  on summary conviction, to a fine not exceeding the statutory maximum.
    (3)  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
    (1)  A constable shall have the right to require any driver whom he reasonably suspects of committing a moving traffic offence while under the influence of drugs 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)  Where a constable requires a field impairment test or a blood or other bodily sample to be taken, it shall be an offence to refuse.
    (3)  Where a sample is required, a constable shall convey the person suspected of the offence to a police station for the taking of the sample by a properly qualified person.
    (4)  A person guilty of refusing a field impairment test or a sample shall be liable to a fine not exceeding level 5 on the standard scale.
    (5)  The Secretary of State may by regulation establish maximum limits for the presence of drugs in the body of a person for the purpose of determining impairment of ability to drive.
    (6)  Regulations under this Part shall require the approval of both Houses of Parliament."
(2)  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.
(3)  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 FAULKNER OF WORCESTER

23Insert 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 LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BERKELEY
THE LORD FAULKNER OF WORCESTER

24*Insert the following new Clause—
  "The National Trails
(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 Trails.
(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 Trails 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 BARONESS SCOTT OF NEEDHAM MARKET
THE LORD BRADSHAW
THE EARL OF MAR AND KELLIE
THE LORD BERKELEY

25*Insert the following new Clause—
  "Operating centres
  In section 13(5) of the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23), after paragraph (d) there is inserted—
"(   )  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;"."
 

THE LORD BRADSHAW
THE BARONESS SCOTT OF NEEDHAM MARKET
THE EARL OF MAR AND KELLIE
THE LORD BERKELEY

26*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) (obligation to hold operator's licence), there is inserted—
    "(   )  The hirer or lessor of a vehicle has a duty to ensure that the person hiring or leasing a vehicle holds a valid operator's licence and, if it is found he does not, the vehicle shall be impounded.""
 

Clause 108

 

THE LORD BERKELEY
THE LORD FAULKNER OF WORCESTER

27*Page 48, leave out lines 35 to 37 and insert—
""(1A)  In particular, a highway authority is under a duty to ensure, so far as is reasonably practicable, that—
(a)  safe passage along a highway is not endangered by snow and ice; and
(b)  where the highway is in the vicinity of a railway, otherwise than where the railways crosses the highway on the same level, they take steps to constrain vehicles which use that section of highway from being able to depart from it so as to cause a hazard to the safe operation of the railway.
  For the purposes of this subsection, `railway' means a railway within the meaning given by section 119A (12).""
 

After Clause 108

 

THE LORD BERKELEY
THE LORD FAULKNER OF WORCESTER

28*Insert the following new Clause—
  "Independent cross-modal transport safety body
  The Secretary of State shall, within a year of the date on which this Act receives Royal Assent, publish proposals for the setting up of an independent cross-modal transport safety body."

 
 
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©Parliamentary copyright 2003
18 June 2003