Those of you with an interest in Traffic Law may wish to read the explanatory notes in relation to this Act that received Royal Assent in November last year.
Much has yet to be brought in as law by Statutory Intrument but at least will give an idea what is bubbling....
www.tinyurl.com/ykad7y
dvd
|
Noticed provision 9:
Driver fatigue
9. To help prevent fatigue related accidents, the Act allows for a pilot of motorway rest areas similar to French "aires".
I imagine the doggers will be high-fiving when they hear this ...aherm...
|
|
|
Very interesting link.
I think the main points of interest to BR's quoting from the link are:
With regard to drink driving the Act enables the Secretary of State to require the worst offenders to re-take the driving test. It prevents those offenders at highest risk of re-offending from driving pending medical enquiries and it amends the current drink drive rehabilitation scheme and introduces an experimental scheme for alcohol ignition interlocks.
The Act provides for graduated fixed penalties for speeding and increases the range of penalty points available for those offences. The range of penalty points which may be given in respect of these two speeding offences from "3-6 or 3 (fixed penalty)" to "2-6 or appropriate penalty points (fixed penalty)". This will increase the range of penalty points available and provide for a more graduated arrangement of fixed penalties in respect of these two speeding offences.
The fitting to or use of a vehicle carrying speed assessment equipment detection devices will be prohibited by means of regulations and a regulation-making power is given to the Secretary of State to enable him to grant exemptions from speed limits and to make provision for training courses in the driving of vehicles at high speeds.
The Act introduces new offences of causing death by careless or inconsiderate driving; causing death by driving whilst unlicensed, disqualified, or uninsured; and keeping a vehicle that does not meet insurance requirements.
The Act increases the maximum penalties for various road traffic offences and provides for the graduation of fixed penalties for offences and in circumstances specified by order, which will match the punishment to the severity of the offence. Provision is made to prevent drivers who do not have a satisfactory address from escaping punishment in Great Britain, by requiring them to pay an on-the-spot deposit where an offence is committed. To improve enforcement of road traffic legislation, the Act extends the use of retraining courses to offenders convicted of speeding and careless driving, and confers new enforcement powers on vehicle examiners.
To help prevent fatigue related accidents, the Act allows for a pilot of motorway rest areas similar to French "aires".
The Act has a number of measures aimed at reducing the current levels of uninsured driving. These include the creation of a new offence of being the registered keeper of a vehicle the use of which is not insured; powers for the Secretary of State to issue fixed penalty notices, and in appropriate cases powers to seize and dispose of uninsured vehicles.
The Act also contains several other measures intended to contribute to the overall programme of improving safety on our roads. These include powers to pay road safety grants to local authorities so that innovative road safety projects can continue to be developed; a regulation-making power to enable the Secretary of State to make provision for surplus income from safety camera enforcement to be used by public authorities for road safety purposes; and measures to improve the regulation of the transport of radioactive material.
Endorsement for most driving offences remains effective for a period of four years from the conviction, or four years from the date of the offence if no order for disqualification was made. The period of effectiveness of an endorsement in respect of specified driving offences connected with drink or drugs or failing to provide a specimen is eleven years from the conviction.
In certain circumstances to offer offenders the opportunity to participate, at their own expense, in an "alcohol ignition interlock programme". Where an offender agrees to this, his overall period of disqualification may be reduced. The alcohol ignition interlock programme requires the offender to comply with certain conditions. These include elements of education and counselling, but a central feature is that the offender may drive only a motor vehicle that is fitted with an alcohol interlock device. The interlock device will be set at 9 microgrammes of alcohol in 100 millilitres of breath.
it an offence to use a vehicle on a road or other public place without a policy of insurance or security against third party liability as required by Part 6 of the RTA. The new scheme will create a new offence of being the registered keeper of a vehicle the use of which is not insured against third party liability as required by Part 6 of the RTA. It will therefore be possible to detect the new offence from records of registered keepers held by DVLA and insurance records.
Under the insurance requirements the registration mark of a vehicle, or the vehicle's owner, must be specified in an insurance policy or security. The amount of fixed penalty is £100. Regulations which enable an authorised person to clamp vehicles upon reasonable suspicion an offence has been committed and to enable the removal and disposal of such vehicles.
Careless and inconsiderate driving, increase the maximum fine for an offence Level 4 on the standard scale (£2,500) to level 5 (£5,000).
Breach of requirements relating to children and seat belts to increase the punishment for an offence from level 1 on the standard scale (£200) to level 2 (£500). This amendment means that the penalty on conviction for a seat belt wearing offence in respect of a child sitting in a rear seat will be the same as that in respect of a child occupying a front seat.
Using vehicle in dangerous condition etc to provide for obligatory disqualification of a person convicted of using a vehicle in a dangerous condition if the offence is committed within three years of a previous conviction for the same offence.
Breach of requirements as to control of vehicle, mobile telephones etc, to provide for obligatory endorsement (with disqualification at the court's discretion) for the offence of contravening or failing to comply with a construction and use requirement if the requirement relates either to failure to have proper control of the vehicle or a full view of the road or to the use of a hand-held mobile phone or similar device.
Power of police to stop vehicle, to increase the penalty available for an offence from a fine of level 3 on the standard scale (£1,000) to level 5 (£5,000).
Penalty points, enabling courts to offer persons convicted of the offences of careless, and inconsiderate driving, failing to comply with traffic signs or speeding, the opportunity to pay for and undertake a retraining course in certain circumstances where the driver is not to be disqualified but is to have his licence endorsed with penalty points. The circumstances are that there should be at least 7 and no more than 11 points to be taken into account at the time of conviction. Where a person successfully completes a course within ten months of the date of the order, twelve months after the date of the order 3 points (or fewer if the court endorsed fewer) relating to the conviction will cease to be taken into consideration. Effectively this would mean that the points were no longer to be considered for the purposes of the "totting-up" provisions.
Vehicles modified to run on fuel stored under pressure. There is currently no mechanism for inspecting the safety of alternative fuel vehicle modifications or for preventing vehicles that have been so modified from being used on a road. Vehicles are often modified after they have been registered, and the adequacy of that modification will not be covered by annual MOT tests. A new scheme, requiring modified vehicles to be tested by authorised examiners and issued with a new form of certificate verifying satisfactory modification.
Hope you found this useful.
--
Roger
I read frequently, but only post when I have something useful to say.
|
|
|
