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Road Safety Bill [HL]

: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 7 to 10. Section 89 of the Road Traffic Act (tests of competence to drive) enables the Secretary of State to make regulations about tests of competence to drive. Section 89(3)(b) provides for those regulations to cover the qualifications, selection and appointment of persons to conduct driving tests. That provision is used to enable employees of certain organisations, such as the MoD, police, fire brigades and some bus companies to conduct driving tests on behalf of the Secretary of State as delegated examiners. In the modern environment we need flexibility in terms of the training that a person may need to undertake in order to become, and remain, approved as a delegated examiner. For example, as delegated examiners need to maintain and develop their expertise following their initial appointment, we would wish to discuss with them the introduction of continuing professional development. Amendment No. 7 amends Section 89(3)(b) so as to make the scope of the regulation-making powers more explicit. It also permits the Secretary of State to charge reasonable fees in connection with the initial and continuing approval of delegated examiners. This links with Clause 36(5) of the Bill. The combined effect of these two provisions is to create an environment in which we can move away from the existing arrangements for recovering the costs incurred by the Driving Standards Agency (DSA) in the appointment, and subsequent quality assurance, of delegated examiners. The DSA currently charges delegated examiners for the supply of the test result certificates they issue for the driving tests they conduct. These charges are intended to cover the costs the DSA incurs in respect of delegated examiners. This is an unsophisticated and blunt recovery mechanism as the agency’s costs are not directly related to the number of tests conducted by an individual examiner. It is, therefore, inequitable and at odds with the ““user pays”” principle. Amendment No. 8 is a consequential amendment arising from Amendment No. 7. Moved, That the House do agree with the Commons in their Amendments Nos. 7 to 10.—(Lord Davies of Oldham.) On Question, Motion agreed to. 11: After Clause 47, insert the following new Clause— ““Immediate suspension and revocation of drivers’ licences (1) Part 2 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London) is amended as follows. (2) In section 61 (suspension and revocation of drivers’ licences), after subsection (2) insert— ““(2A) Subject to subsection (2B) of this section, a suspension or revocation of the licence of a driver under this section takes effect at the end of the period of 21 days beginning with the day on which notice is given to the driver under subsection (2)(a) of this section. (2B) If it appears that the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection (2)(a) of this section includes a statement that that is so and an explanation why, the suspension or revocation takes effect when the notice is given to the driver.”” (3) In subsection (3) of that section, after ““under”” insert ““subsection (1) of””. (4) In section 77 (appeals), after subsection (2) insert— ““(3) Subsection (2) of this section does not apply in relation to a decision under subsection (1) of section 61 of this Act which has immediate effect in accordance with subsection (2B) of that section.”””” 12: Insert the following new Clause— ““Abolition of ““contract exemption”” In section 75(1) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (hackney carriages and private hire vehicles in England and Wales outside London: savings), omit paragraph (b) (vehicles used only for carrying passengers for hire or reward under contract for hire for not less than 7 day period).””