Proceeding contribution from Stephen Hammond (Conservative) in the House of Commons on Monday, 9 October 2006. It occurred during Debate on bill on Road Safety Bill (HL).
Road Safety Bill [Lords]
We agree with the Government on one of the new clauses, but probably not on the other. New clause 6 introduces new provisions into the Local Government (Miscellaneous Provisions) Act 1976. That Act currently allows a local authority or other licensing power or body to exercise the power to revoke, suspend or refuse a licence where the subject is convicted of specific offences or for ““any other reasonable cause”” that the authority has ““grounds”” for believing. If I understand the intention behind the new clause, it will allow a local authority or licensing body to revoke or suspend the licence of taxi driver or minicab with immediate effect where it is a ““matter of public safety””, or on other grounds after 21 days where notice has been served on the driver. Our question, on which I seek clarification, is this; the Government currently have powers under the 1976 Act to revoke a licence for ““any other reasonable cause”” and for a ““specific conviction.”” The proposed public safety grounds represent a power that is additional to the Act and it is unclear how this will work in practice. I assume that a conviction for a serious driving offence would be covered under the specific conviction provision. I assume that a conviction for an assault such as actual bodily harm or grievous bodily harm against another road user, a pedestrian or a passenger would again be covered under the specific conviction provision. I assume that driving a vehicle without a valid MOT or in an unroadworthy condition as designated by the police or by the Vehicle and Operator Services Agency would be covered under the reasonable cause provision. I assume that a deterioration in a given medical condition would be covered by that provision as well. If the Minister is willing to tell me that my assumptions are incorrect, I will see the need for the new clause. If so, perhaps he will give me three specific examples where public safety needs arise beyond those already dealt with by the 1976 Act. The Minister made much in Committee about powers that were not being enforced at present and that we should not introduce more new powers that were unlikely to be enforced. We need clarity from the Government as to exactly how the new clause will work. There was substantial discussion in Committee of new clause 7 and the Minister has done what he warned us he would do; he has closed what he described as the can of worms. However, as new clause 7 puts into effect for the rest of the country what clause 53 does for London, is it necessary? The 1988 Act is working perfectly well within London. There are vast numbers of contractors supplying private hire services to councils on a contract basis. They are Criminal Records Bureau-checked and their vehicles are checked and comply with safety provisions but they are not available to the public. There seems to be no reason for the Government to intervene in an Act that is working well. This seems to be another piece of unnecessary legislation.
Secondary information
- Type
- Proceeding contribution
- Reference
- 450 c53-4
- Session
- 2005-06
- Chamber / Committee
- House of Commons chamber
- Subjects
- Contracts Appeals Death Bridges Breathalysers Buses Licensing Fixed penalties Disqualification EU law Drugs Exemptions Injuries Insurance Level crossings Driving under influence Large goods vehicles Foreign nationals Driving instruction Misuse Motorcycles Taxis Registration Safety Safety measures Roads Testing Speed limits Road traffic offences Traffic lights Level crossing orders
- Legislation
- Road Safety Bill (HL) 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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