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LEGISLATION REFERRED TO:
Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) (England and Wales) Order 2003; SI 2003/965; Town Police Clauses Act 1847; Metropolitan Public Carriage Act 1869; Plymouth City Council Act 1975; Local Government (Miscellaneous Provisions) Act 1976; Private Hire Vehicles (London) Act 1998; Motor Vehicles (EC Type Approval)(Amendment) Regulations 2003; SI 2003/1019; Motor Vehicles (EC Type Approval) Regulations 1998; SI 1998/2051; Bus Service Operators Grant (Amendment)(England) Regulations 2003; SI 2003/1036; Transport Act 2000; Bus Service Operators Grant (England) Regulations 2002; SI 2002/1015; Department of Transport (Fees)(Amendment) Order 2003; SI 2003/1094; Department of Transport (Fees) Order 1988; SI 1988/643; Road Traffic Act 1988; Road Traffic (Vehicle Testing) Act 1999 (Commencement No 2) Order 2003; SI 2003/1095; SI 2001/1896; Motor Vehicles (Tests)(Amendment) Regulations 2003; SI 2003/1113; Motor Vehicles (Tests) Regulations 1981; SI 1981/1694; Road Traffic (Vehicles Testing) Act 1999; Motor Cycles Etc (EC Type Approval)(Amendment) Regulations 2003; SI 2003/1099; Motor Cycles Etc (EC Type Approval) Regulations 1999; SI 1999/2920; Directive 2002/24/EC; Directive 95/1/EC; Directive 2002/41/EC; Directive 97/24/EC; Directive 2002/51/EC; Pedal Cycles (Safety) Regulations 2003; SI 2003/1101; Consumer Protection Act 1987; Fixed Penalty Offences Order 2003; SI 2003/1253; Fixed Penalty (Amendment) Order 2003; SI 2003/1254; Fixed Penalty Order 2000; SI 2000/2792; Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Redcar and Cleveland) Order 2003; SI 2003/1261; Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire)(District of Aylesbury Vale) Order 2003; SI 2003/1262; Road Traffic (Northern Ireland) Order 1995; SI 1995/2994; Police Reform Act 2002
Legislation
Taxi driver licences in relation to rehabilitation of offenders.
The Rehabilitation of Offenders Act 1974 (Exceptions)(Amendment) (England and Wales) Order 2003, SI 2003/965 came into force on 1 April 2003. It is mainly concerned with convictions in their relationship to suitability for appointments to posts involving the care of children, but makes amendments to the 1975 Order in relation to applications for a taxi driver licence. The term 'taxi driver licence' means a licence granted under
(a) the Town Police Clauses Act 1847, s 37;
(b) the Metropolitan Public Carriage Act 1869, s 8;
(c) the Plymouth City Council Act 1975, s 9;
(d) the Local Government (Miscellaneous Provisions) Act 1976, s 51; or
(e) the Private Hire Vehicles (London) Act 1998, s 13.
Article 4 of the 1975 Order provides that s 4(3) of the Rehabilitation of Offenders Act 1974 shall not apply in relation to dismissals, exclusions, or to applications for specified offices or types of employment. Inter alia, article 4(l) is added by the amendment order-
'any decision to refuse to grant a taxi driver licence, to grant such a licence subject to conditions or to suspend, revoke or refuse to renew such a licence;'
Section 4(3) of the 1974 Act provides that, subject to the provisions of such an order, any obligation to disclose convictions or circumstances ancillary to them shall not extend to spent convictions, and that the conviction, or any failure to disclose such a conviction, shall not provide grounds for dismissal or exclusion from any office, profession, occupation or employment, or for prejudicing a person in any way in any occupation or employment.
The definition of the term 'taxi driver' is deleted from Part IV of Sch 1 to the 1975 Order. The term 'taxi driver licences' is added to Sch 2 which includes excepted licences, certificates and permits which are removed from the protection of the 1974 Act by art 3(a)(iv) of the 1975 Order.
Vehicle emissions
The Motor Vehicles (EC Type Approval)(Amendment) Regulations 2003, SI 2003/1019 came into force on 28 April 2003. The Table in Sch 1 to the Motor Vehicles (EC Type Approval) Regulations 1998, SI 1998/2051 is amended by adding a further entry in the third and fourth columns -
2002/80/EC L291, 28.10.2002 p 20
The new Directive clarifies references to marking and packaging of replacement catalytic converters.
Grants to operators of bus services
The Bus Service Operators Grant (Amendment)(England) Regulations 2003, SI 2003/1036 came into force on 1 May 2003.
The amendment regulations extend the categories of eligible bus services for the purposes of the Transport Act 2000, s 154 prescribed by the Bus Service Operators Grant (England) Regulations 2002, SI 2002/1015 to include certain coach services over routes of 15 miles or more which operate in accordance with a fixed timetable; which are for use by the general public; and which provide half-fare concessions to persons of 60 years or over and to persons to whom a current statutory travel concession permit has been issued (or could have been, but for an alternative agreement with a travel concession authority under s 145(6) the Transport Act 2000).
The effect of s 154 of the 2000 Act is set out, and a summary of the provisions of the Bus Service Operators Grant (England) Regulations 2002, SI 2002/1015 is provided, in Bulletin No 107.
Department of Transport fees
The Department of Transport (Fees)(Amendment) Order 2003, SI 2003/1094 came into force on 11 April 2003. It amends the Department of Transport (Fees) Order 1988, SI 1988/643.
The Order amends Table III of Sch 1 (fees payable under the Road Traffic Act 1988) in relation to the tests of the satisfactory condition of vehicles, compulsory driver training courses, examinations and tests of ability to give driving instruction and issue of new registration documents for vehicles.
Testing of motor vehicles (MOT)
The Road Traffic (Vehicle Testing) Act 1999 (Commencement No 2) Order 2003, SI 2003/1095 brings into force, with effect from 11 April 2003, the remainder of s 1 of the 1999 Act, ss 2, 4 and 5 and so much of s 7 as relates to para 3 of the Schedule to the Act. (Section 1 was partially brought into force, together with s 3, by SI 2001/1896).
The 1999 Act provided a statutory basis for the establishment of a central computer database of the MOT status of motor vehicles. The RTA 1988, s 45(3) provides for tests to be made of the satisfactory condition of motor vehicles other than goods vehicles. It requires that examinations for this purpose will be carried out by authorised examiners; vehicle examiners appointed under s 66A; and inspectors appointed by a council designated by the Secretary of State. Section 1 of the 1999 Act amends s 45 to authorise individuals (nominated testers) who are nominated by, and act under the supervision of authorised examiners and are approved by the Secretary of State to be added. Section 45(6A) and 45(6B) are added to authorise the Secretary of State to arrange courses of training and to prescribe fees and to maintain records of vehicles submitted for examination together with the results of those examinations.
The RTA 1988, s 46 is substituted by s 2 of the 1999 Act. The new section permits the Secretary of State to make regulations arranging for the supervision of MOT testing stations. He may nominate a supervisor for a testing station. Such a supervisor will assist an authorised examiner who may have responsibility for a number of testing stations. Provision is made for the correction of errors within test certificates and in relation to charges generally. The Secretary of State may require that persons connected with MOT testing should have successfully completed training courses. He may make regulations permitting the making of information available from records, to prescribed persons. Section 46A permits the Secretary of State to check records kept under these provisions against those maintained under the VERA 1994.
Section 46B provides that a statement is admissible in any proceedings as evidence (or, in Scotland, sufficient evidence) of a fact stated in it with respect to the issue, and the date of issue, of a test certificate to the same extent as oral evidence.
The RTA 1988, s 66 deals with the necessity, where the vehicle is required to have a test certificate, for that certificate to be produced when it is relicensed. The 1999 Act adds s 66(2)(aa) which permits relicensing without the production of a test certificate, as the Secretary of State will be able to confirm its existence, or establish its non-existence, from the database.
Section 7 of the 1999 Act is brought into force in relation to para 3 of the Schedule which substitutes the RTA 1988, s 177 which deals with the impersonation of authorised examiners. The alteration recognises those persons entitled under s 45 of the RTA 1988 (as amended) to carry out examinations of vehicles under s 45.
These provisions were examined in greater detail in Bulletin 73 at time at which the 1999 Act received Royal assent.
The Motor Vehicles (Tests)(Amendment) Regulations 2003, SI 2003/1113 came into force on 1 June 2003 and heavily amend the Motor Vehicles (Tests) Regulations 1981, SI 1981/1694 to take account of the provisions of the Road Traffic (Vehicles Testing) Act 1999 brought into force by SI 2003/1095 above. The amendments made are, for the most part, concerned with the examination of motor vehicles under Parts III and IV of the 1981 Regulations (the MOT test) in relation to examinations carried out on or after 1 June 2003. The RTA 1988 s 45 was amended by SI 2003/1095 to permit the setting up of a new computer database of the MOT status of motor vehicles. The testing system is to be under the supervision of examiners authorised by the Secretary of State.
Regulation 5 and Sch 1 replaces Part II of the 1981 Regulations to make provision:
(a) for applications for approval as nominated testers or inspectors, for authorisation as authorised examiners, and for designation (set out in new regs 7 and 7A);
(b) for the conditions to which approved or authorised persons and designated councils (designated by the Secretary of State for the purposes of s 45 and 46 of the RTA 1988) are to be subject (new regs 8 to 8E);
(c) for the circumstances in which persons cease to be nominated testers, inspectors or authorised examiners, or councils cease to be designated (new regs 9 and 10); and
(d) in those circumstances, for the return to the Secretary of State of documents and apparatus used for the purpose of, or in connection with, the carrying out of examinations (new reg 11).
Regulation 9 of the amendment regulations substitutes reg 15 (examinations) of the 1981 Regulations to further allow for the electronic recording of the results of MOT tests. The examiner is required to enter into the electronic records the registration mark and vehicle identification number, chassis number or serial number of the vehicle and to provide details of the result of his examination of the vehicle. The person by whom the vehicle was submitted for examination may require the provision of the computer-generated certificate or notice of refusal in exchange for the notice issued at the time of the examination.
Regulation 12 of the amendment regulations amends reg 18 (appeal on refusal of a test certificate) by substituting 'office of the Vehicle and Operator Services Agency' for references to 'the office of a traffic area' as the destination of any appeal.
Regulations 16 and 17 of the amendment regulations substitute regs 22 and 23 of the 1981 Regulations which deal with the records to be kept and the returns to be furnished and in relation to duplicate test certificates to reflect the amendments made to s 45 of the RTA 1988 and the introduction of computerised records. Regulation 18 inserts a reg 23A into the 1981 Regulations (correction of errors in records and test certificates); reg 19 amends reg 24 (inspection of premises, apparatus and records); reg 20 provides a new reg 24A (return to Secretary of State of apparatus or documents).
New regs 25A and 25B (provided by reg 21) make provision for the payment to the Secretary of State by authorised examiners and designated councils of charges for the making of entries in the computerised records in respect of MOT passes. The charge is £ 1.19 per entry. There are no charges in relation to failures. Authorised examiners and designated councils will be provided with apparatus with which to make entries in the computerised record which will be installed, initially, free of charge. Charges may be made for replacement equipment and these are set out in a new Sch 3 to the 1981 Regulations.
A new reg 29 to the 1981 Regulations (inserted by reg 22) provides that the Secretary of State may make particulars contained in the records (including the electronic record) available for use by a chief officer of police or, on payment of a fee, if any is required by the Secretary of State to be paid, by a person who can show that he has reasonable cause for wanting the particulars to be made available to him. A new reg 30 authorises the Secretary of State to sell such records to such persons as he thinks fit and for a price to be determined by him and subject to any restrictions he thinks appropriate, if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of that examination.
Regulation 25 makes transitional provisions to the effect that persons who are authorised to carry out examinations immediately before the coming into effect of the amendment regulations may continue to carry out examinations, and councils continue to be designated, notwithstanding that they have not complied with the procedures set out in the amended Part II of the 1981 Regulations. Regulation 24 provides savings in respect of testing stations in which apparatus required to make electronic records has not been installed and in such cases the 1981 Regulations shall apply as if the amendments had not been made. It also provides that the amendments made by regs 9 and 10 of the amendment regulations (notification of examinations and results) (the new reg 15) and (refusal of test certificate where braking test cannot be carried out) (the new reg 16) are not to apply in relation to the examination of vehicles classified, in accordance with reg 5 of the 1981 Regulations as vehicles of Class VI and VI (large passenger-carrying vehicles, public service vehicles constructed to carry more than 12 seated passengers and play buses).
Type approval of motor cycles etc
The Motor Cycles Etc (EC Type Approval)(Amendment) Regulations 2003, SI 2003/1099 amend the Motor Cycles Etc (EC Type Approval) Regulations 1999, SI 1999/2920 to recognise Directive 2002/24/EC, the new 'framework directive'. Amendments are made to the RTA 1988, s 85 (interpretation of Part II) to the terms 'EC certificate of conformity' and 'the motorcycle type approval Directive'.
The amendment regulations also make amendments to Directive 95/1/EC on the maximum design speed, maximum torque and maximum net engine power of two or three wheeled motor vehicles (in consequence of Directive 2002/41/EC) and to Directive 97/24/EC on certain components and characteristics of two or three wheeled vehicles (in consequence of Directive 2002/51/EC.
Safety of pedal cycles
The Pedal Cycles (Safety) Regulations 2003, SI 2003/1101 will come into force on 1 May 2004. The Regulations are made under the Consumer Protection Act 1987 in respect of bicycles which are not constructed or adapted for propulsion by mechanical power. They are concerned with the supply etc of fully assembled bicycles without properly adjusted brakes; without being fitted with a bell; without complying with other specified standards. In the case of non-assembled bicycles the requirement is that the parts, when assembled, are capable of compliance.
Fixed penalty offences
The Fixed Penalty Offences Order 2003, SI 2003/1253 came into force on 1 June 2003 and provides for the offences listed in article 2 to the Order to be fixed penalty offences. This is achieved by amending the entries in Sch 3 to the RTOA 1988 to include the following offences:
(a) an offence contrary to s 47 of the RTA 1988 (using a motor vehicle without the required test certificate being in force);
(b) an offence contrary to s 143 of the Road Traffic Act 1988 (using a motor vehicle while uninsured or unsecured against third party risks); and
(c) an offence contrary to s 172 of the RTA 1988 (failure of person keeping vehicle and others to give the police information as to the identity of the driver, etc, in the case of certain offences).
The Fixed Penalty (Amendment) Order 2003, SI 2003/1254 came into force on 1 June 2003 and amends the Fixed Penalty Order 2000, SI 2000/2792 which prescribes the level of fixed penalties for fixed penalty offences. The amendments are effected by replacing the table in the Schedule to the Order The table now reads:
(1) (2)
Offence Fixed
Penalty
A fixed penalty offence under s 143 of the RTA 1988 £ 200
A fixed penalty offence under s 172 of the RTA 1988 £ 120
Any other fixed penalty offence involving obligatory endorsement £ 60
A fixed penalty parking offence committed in £ 60
Greater London on a red route
Any other fixed penalty parking offence committed in £ 40
Greater London
A fixed penalty offence under s 47 of the RTA 1988 £ 60
A fixed penalty offence under s 33 of the VERA 1994 £ 60
Any other fixed penalty offence £ 30
Permitted and special parking areas
The Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Redcar and Cleveland) Order 2003, SI 2003/1261 came into force on 2 June 2003 and designates the borough of Redcar and Cleveland, with the exception of the A1053 trunk road , known as Greystone Road, from its junction with the A1085 road at West Gate roundabout to its junction with the A174 trunk road, known as the Parkway, at Greystone roundabout; and the A174 trunk road, known as the Parkway, from its junction with the A1053 trunk road, known as Greystone Road, at Greystone roundabout, to its junction with the borough boundary and including all of its on and off slip roads and including Greystone roundabout, as both a permitted parking area and a special parking area in accordance with Sch 3 to the RTA 1991. It also applies, with modifications, various provisions of Part II of that Act to the designated area and modifies the RTRA 1984 in relation to the designated area.
The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire)(District of Aylesbury Vale) Order 2003, SI 2003/1262 will come into force on 30 June 2003 and designates the whole of the District of Aylesbury Vale as both a permitted parking area and a special parking area, by following the same procedures.
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