Miscellaneous
Section 55: Trunk Road picnic areas
199.This section amends section 112 of the Highways Act 1980 to enable the Secretary of State to provide picnic sites on land adjoining, or in the vicinity of motorways, to enter into arrangements with a council for the provision of facilities at such sites and to provide public sanitary conveniences on land adjoining the motorway. Currently, the power to provide picnic sites and conveniences is limited to trunk roads that are not motorways.
200.The Secretary of State also has an existing power to manage trunk road picnic sites. That power is extended to the new picnic sites adjoining motorways, and will be strengthened by allowing the enforcement of parking controls at all picnic sites (i.e. those on motorways and ordinary trunk roads) and recovering the costs of doing so.
201.The provisions apply to England and Wales. The Secretary of State's functions regarding motorways and other trunk roads, including the provision of picnic areas, are devolved matters exercisable in Wales by the National Assembly for Wales.
Section 56: Vehicles modified to run on fuel stored under pressure
202.This section amends (i) section 41 of the RTA, which empowers the Secretary of State to make regulations dealing with the construction and use of vehicles, and (ii) section 66 of the RTA, which empowers the Secretary of State to make regulations prohibiting the grant of vehicle licences except on compliance with certain conditions.
203.The powers to regulate under section 41(2) are extended to cover the modification of vehicles to enable them to be powered by fuel stored under pressure. These provisions would apply to vehicle modification in respect of fuels, such as liquefied petroleum gas (LPG) and compressed natural gas (CNG) which, because they are stored under pressure, have a higher risk of explosion than petrol or diesel stored at ambient pressure. Regulations made under section 41 are enforceable through section 42 of the RTA. Section 42 makes it an offence to contravene or fail to comply with construction and use requirements, or to use on a road a motor vehicle which does not comply with such requirements.
204.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.
205.Under the new section 41(2A) powers, the Secretary of State could introduce a new scheme, requiring modified vehicles to be tested by authorised examiners and issued with a new form of certificate verifying satisfactory modification. Examiners could be authorised by the Secretary of State in accordance with the regulations. Authorised examiners could be required to notify the Secretary of State of any vehicle modification carried out (whether or not a certificate was issued).
206.Once regulations under section 41(2) are made, the Secretary of State could provide under existing powers for the annual MOT test to check the continuing safety of any alternative fuel modifications on a vehicle.
207.The section also amends section 66 to enforce the new certification provisions through the vehicle licensing regime (under which it is an offence to drive without a valid vehicle licence). The new section 66(7A) will ensure that evidence of a certificate of a satisfactory examination will be required before a vehicle licence can be granted in respect of a modified vehicle.
Section 57: Powers to regulate transport of radioactive material
208.Regulations for the safe transport of radioactive material by road are made under the Radioactive Material (Road Transport) Act 1991 ("the 1991 Act").
209.The successful enforcement of these regulations depends on understanding the causes behind incidents and accidents involving the transport of radioactive material. This enforcement is hampered when individuals refuse to provide assistance and information voluntarily to inspectors conducting investigations.
210.Section 57 amends the regulation making powers of section 2 of the 1991 Act by allowing the making of regulations:
to impose formal requirements for the provision of assistance and information on those involved in the transport of radioactive material; and
to authorise such requirements being imposed by inspectors when conducting an investigation.
211.The scope of the offence in section 2(4) is expanded so that it will be an offence for any person to contravene or fail to comply with any requirement imposed by or by virtue of regulations made under section 2.
Section 58: Minor corrections
212.Section 58 corrects some minor errors in earlier legislation relevant to the provisions of the Act.
