Road Safety Act 2006

Prospective

SpeedingE+W+S+N.I.

17Penalty pointsE+W+S+N.I.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in column (7) (penalty points)—

(a)for the entry relating to section 17(4) of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation on special roads), substitute “ 2-6 or appropriate penalty points (fixed penalty) if committed in respect of a speed limit, 3 in any other case ”, and

(b)for the entry relating to section 89(1) of that Act (speeding offences other than those on special roads), substitute “ 2-6 or appropriate penalty points (fixed penalty) ”.

18Speed assessment equipment detection devicesE+W+S+N.I.

(1)In section 41 of the Road Traffic Act 1988 (c. 52) (regulation of construction, weight, equipment and use of vehicles)—

(a)in subsection (2), at the end insert—

(m)speed assessment equipment detection devices., and

(b)in subsection (7), at the end insert—

speed assessment equipment detection device” means a device the purpose, or one of the purposes, of which is to detect, or interfere with the operation of, equipment used to assess the speed of motor vehicles.

(2)After section 41B of that Act (breach of requirement as to weight: goods and passenger vehicles) insert—

41CBreach of requirement as to speed assessment equipment detection devices

A person who—

(a)contravenes or fails to comply with a construction or use requirement as to speed assessment equipment detection devices, or

(b)uses on a road a motor vehicle or trailer which does not comply with such a requirement, or causes or permits a motor vehicle or trailer to be so used,

is guilty of an offence.

(3)In section 42(a) of that Act (breach of other construction and use requirements), for “or 41B(1)(a)” substitute “ , 41B(1)(a), 41C(a) ”.

(4)In section 98(1) of the Road Traffic Offenders Act 1988 (c. 53) (interpretation), at the appropriate place insert—

“special road” in England and Wales has the same meaning as in the Highways Act 1980 and in Scotland has the same meaning as in the Roads (Scotland) Act 1984,.

(5)In Schedule 1 to that Act (offences to which certain sections apply), after the entry relating to section 41B of the Road Traffic Act 1988 (c. 52) insert—

RTA section 41CBreach of requirement as to speed assessment equipment detection device.Sections 11 and 12(1) of this Act.

(6)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

RTA section 41CBreach of requirement as to speed assessment equipment detection devices.Summarily.

(a) Level 4 on the standard scale if committed on a special road.

(b) Level 3 on the standard scale in any other case.

Discretionary.Obligatory.3-6 or 3 (fixed penalty).

(7)In Schedule 3 to that Act (fixed penalty offences), after the entry relating to section 41B of the Road Traffic Act 1988 insert—

RTA section 41CBreach of requirement as to speed assessment equipment detection devices.

19Exemptions from speed limitsE+W+S+N.I.

For section 87 of the Road Traffic Regulation Act 1984 (c. 27) (exemption of fire, ambulance and police vehicles from speed limits) substitute—

87Exemptions from speed limits

(1)No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when—

(a)it is being used for fire and rescue authority purposes or for or in connection with the exercise of any function of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005, for ambulance purposes or for police or Serious Organised Crime Agency purposes,

(b)it is being used for other prescribed purposes in such circumstances as may be prescribed, or

(c)it is being used for training persons to drive vehicles for use for any of the purposes mentioned in paragraph (a) or (b) above,

if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

(2)Subsection (1) above does not apply unless the vehicle is being driven by a person who—

(a)has satisfactorily completed a course of training in the driving of vehicles at high speed provided in accordance with regulations under this section, or

(b)is driving the vehicle as part of such a course.

(3)The Secretary of State may by regulations make provision about courses of training in the driving of vehicles at high speed.

(4)The regulations may include—

(a)provision about the nature of courses,

(b)provision for the approval by the Secretary of State of persons providing courses or giving instruction on courses and the withdrawal of approvals (including provision for appeals against refusal and withdrawal of approvals),

(c)provision specifying the maximum fees that a person may be required to pay for a course,

(d)provision for the training or assessment, or the supervision of the training or assessment, of persons providing courses or giving instruction on courses,

(e)provision for the evidencing of the successful completion of courses,

(f)provision authorising the Secretary of State to make available information about persons providing courses or giving instruction on courses, and

(g)provision treating courses of training in the driving of vehicles at high speed which have been completed before the coming into force of the regulations as if they had been provided in accordance with the regulations.

(5)The regulations may include provision for the charging of reasonable fees in respect of any function conferred or imposed on the Secretary of State by the regulations.

(6)The regulations may make different provision—

(a)for different classes of vehicle,

(b)for different descriptions of persons, or

(c)otherwise for different circumstances.