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Road Traffic (Amendment) Bill [HL]


Road Traffic (Amendment) Bill [HL]

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A

Bill

[AS AMENDED ON REPORT]

To

Make provision with respect to the driving and use of vehicles drawn by

horses or other animals on roads or in other public places; and for connected

purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Promotion of road safety

 1     Code of Practice for Horse-drawn Vehicles

After section 38 of the Road Traffic Act 1988 (c. 52) there shall be inserted the

following section—

       “38A Code of Practice for Horse-drawn Vehicles

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           (1)           Subject to the following provisions of this section, the Secretary of

State—

                  (a)                 shall make a Code of Practice for Horse-drawn Vehicles; and

                  (b)                 may from time to time revise such a Code of Practice by

revoking, amending or adding to its provisions in such manner

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as he thinks fit.

           (2)           Before making or revising a Code of Practice for Horse-drawn Vehicles,

the Secretary of State must consult with such representative

organisations as he thinks fit.

           (3)           Where the Secretary of State—

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                  (a)                 has made a Code of Practice for Horse-drawn Vehicles; or

                  (b)                 has made any alterations in the provisions of such a Code (other

than merely consequential on the passing, amendment or repeal

of any statutory provision),

 
HL Bill 7553/2
 
 

Road Traffic (Amendment) Bill [HL]

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                         he must lay the Code or the alterations before both Houses of

Parliament.

           (4)           A Code of Practice for Horse-drawn Vehicles, and any alterations to

such a Code, laid in accordance with subsection (3), shall be subject to

annulment in pursuance of a resolution of either House before a period

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of forty days has expired beginning with the day on which the Code or

alterations were so laid.

           (5)           The Secretary of State must cause any Code of Practice for Horse-drawn

Vehicles to be printed and copies to be made available to the public

either free of charge or at such price as he may determine.

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           (6)           A failure on the part of a person to observe a provision of a Code of

Practice for Horse-drawn Vehicles shall not of itself render that person

liable to criminal proceedings of any kind but any such failure may in

any proceedings (whether civil or criminal, and including proceedings

for an offence under this Act) be relied upon by any party to the

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proceedings as tending to establish or negative any liability which is in

question in those proceedings.

           (7)           Until a Code of Practice for Horse-drawn Vehicles is made under this

section, the Code of Practice for Horse Drawn Vehicles published in

2000 by the Department of the Environment, Transport and the Regions

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shall have effect as if it had been so made, and may be revised

accordingly.

           (8)           Paragraphs (a) and (c) of section 38(9) apply for the purposes of

subsections (3) and (4) as they apply for the purposes of section 38(3).”

Driving and other offences

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 2     Driving and other offences

After Part II of the Road Traffic Act 1988 (c. 52) there shall be inserted the

following Part—

“part iia

Other road safety provisions

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Driving offences relating to vehicles drawn by animals

       86A            Causing death by driving dangerously a horse-drawn vehicle etc.

If a person causes the death of another person by driving dangerously

a vehicle drawn by a horse or other animal on a road or in another

public place, he shall be guilty of an offence.

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       86B            Driving dangerously a horse-drawn vehicle etc.

If a person drives dangerously a vehicle drawn by a horse or other

animal on a road or in another public place, he shall be guilty of an

offence.

 

 

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       86C            Meaning of dangerous driving

           (1)           For the purposes of sections 86A and 86B a person is to be regarded as

driving dangerously if (and, subject to subsection (2), only if)—

                  (a)                 the way he drives falls far below what would be expected of a

competent and careful driver; and

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                  (b)                 it would be obvious to a competent and careful driver that

driving in that way would be dangerous.

           (2)           A person is also to be regarded as driving dangerously for the purposes

of sections 86A and 86B if it would be obvious to a competent and

careful driver that driving the vehicle in its current state would be

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dangerous.

           (3)           In subsections (1) and (2) “dangerous” refers to danger either of injury

to any person or of serious damage to property; and in determining for

the purposes of those subsections what would be expected of, or

obvious to, a competent and careful driver in a particular case, regard

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shall be had not only to the circumstances of which he could be

expected to be aware but also to any circumstances shown to have been

within the knowledge of the accused.

           (4)           In determining for the purposes of subsection (2) the state of a vehicle,

regard may be had to anything attached to or carried on or in it and to

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the manner in which it is attached or carried.

       86D            Careless and inconsiderate driving of a horse-drawn vehicle etc.

If a person drives a vehicle drawn by a horse or other animal on a road

or in another public place without due care and attention, or without

reasonable consideration for other persons using the road or place, he

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shall be guilty of an offence.

Danger to road users

       86E            Interference with a horse-drawn vehicle etc.

           (1)           A person is guilty of an offence if he intentionally and without lawful

authority or reasonable cause interferes with a vehicle drawn, or likely

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to be drawn, by a horse or other animal in such circumstances that it

would be obvious to a reasonable person that to do so would be

dangerous.

           (2)           In subsection (1) “dangerous” refers to danger either of injury to any

person while on or near a road, or of serious damage to property on or

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near a road; and in determining for the purposes of that subsection

what would be obvious to a reasonable person in a particular case,

regard shall be had not only to the circumstances of which he could be

expected to be aware but also to any circumstances shown to have been

within the knowledge of the accused.

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           (3)           This section does not extend to Scotland.

 

 

Road Traffic (Amendment) Bill [HL]

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Using horse-drawn vehicle etc. in dangerous condition

       86F            Using horse-drawn vehicle etc. in dangerous condition

A person shall be guilty of an offence if he uses, or causes or permits

another to use, a vehicle drawn by a horse or other animal on a road or

in another public place when—

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                  (a)                 the condition of the vehicle, or of its accessories or equipment;

                  (b)                 the purpose for which it is used;

                  (c)                 the number of passengers carried by it, or the manner in which

they are carried; or

                  (d)                 the weight, position or distribution of its load, or the manner in

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which it is secured,

            is such that the use of the vehicle involves a danger of injury to any

person.”

Powers of constables and duties of drivers

 3     Further amendment of the Road Traffic Act 1988

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     (1)    The Road Traffic Act 1988 (c. 52) shall be further amended as follows.

     (2)    In section 163 (power of police to stop vehicles), after subsection (1) there shall

be inserted—

           “(1A)              A person driving a vehicle drawn by a horse or other animal on a road

or in another public place must stop the vehicle on being required to do

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so by a constable in uniform.”

     (3)    After section 165 (power of constables to obtain names and addresses of drivers

and others, and to require production of evidence of insurance or security and

test certificates) there shall be inserted—

       “165A                          Power of constables to obtain names and addresses of drivers of

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horse-drawn vehicles etc. and others

           (1)           Any of the following persons—

                  (a)                 a person driving a vehicle drawn by a horse or other animal on

a road or in another public place;

                  (b)                 a person whom a constable has reasonable cause to believe to

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have been the driver of such a vehicle at a time when an

accident occurred owing to its presence on a road or in another

public place; or

                  (c)                 a person whom a constable has reasonable cause to believe to

have committed an offence in relation to the use of such a

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vehicle on a road or in another public place,

                         must, on being so required by a constable, give his name and address

and the name and address of the owner of the vehicle.

           (2)           A person who fails to comply with a requirement under subsection (1)

shall be guilty of an offence.

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           (3)           In this section “owner”, in relation to a vehicle which is the subject of a

hiring agreement, includes each party to the agreement.”

 

 

Road Traffic (Amendment) Bill [HL]

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     (4)    In section 167 (power of arrest in Scotland for dangerous, careless or

inconsiderate driving or cycling)—

           (a)           at the end of paragraph (a) the word “and” shall be omitted; and

           (b)           at the end of paragraph (b) there shall be inserted—

                        “, and

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                        (c)                           may arrest without warrant the driver of a vehicle who

within his view commits an offence under section 86B or

86D unless the driver gives his name and address.”

     (5)    In section 168 (failure to give, or giving false, name and address in case of

dangerous or careless or inconsiderate driving or cycling), after paragraph (b)

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there shall be inserted—

                  “or

                  (c)                    the driver of a vehicle who is alleged to have committed an

offence under section 86B or 86D,”.

     (6)    After section 170 (duty of driver to stop, report accident and give information

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or documents) there shall be inserted—

       “170A                                                  Duty of driver of horse-drawn vehicle etc. to stop after accident and

give particulars or report accident

           (1)           This section applies in a case where, owing to the presence of a vehicle

(in this section referred to as “the vehicle”) drawn by a horse or other

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animal on a road or in another public place, an accident occurs by

which—

                  (a)                 personal injury is caused to a person other than the driver of the

vehicle; or

                  (b)                 damage is caused—

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                        (i)                        to an animal within the meaning of section 170(8), not

being an animal drawing, or being carried in or on, the

vehicle,

                        (ii)                       to another vehicle, or

                        (iii)                      to any other property constructed on, fixed to, growing

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in or otherwise forming part of the land on which the

road or public place in question is situated or land

adjacent thereto.

           (2)           The driver of the vehicle must stop and, if required to do so by any

person having reasonable grounds for so requiring, give his name and

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address and also the name and address of the owner of the vehicle.

           (3)           If for any reason the driver of the vehicle does not give his name and

address under subsection (2), he must report the accident.

           (4)           A person who fails to comply with subsection (2) or (3) shall be guilty

of an offence.

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           (5)           To comply with a duty under this section to report an accident, the

driver—

                  (a)                 must do so at a police station or to a constable; and

                  (b)                 must do so as soon as is reasonably practicable and, in any case,

within 24 hours of the occurrence of the accident.

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           (6)           In this section “owner”, in relation to a vehicle which is the subject of a

hiring agreement, includes each party to the agreement.”

 

 

 
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Revised 11 June 2003