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Transport
[Lord Carrington.]
[ LORDS]
any chance of success it is worth talking, and I hope that we shall go on doing so. But there should be no misunderstanding on the part of the Soviet Union that be- cause we are prepared to go on talking it means that we have retreated in any degree from what we said at the beginning
3.17 p.m.
TRANSPORT BILL
The PARLIAMENTARY UNDER- SECRETARY of STATE, DEPART- MENT of the ENVIRONMENT (Lord Bellwin): My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill.
Moved, that the House do now again resolve itself into Committee.-(Lord Bell- win.)
On Question, Motion agreed to. House in Committee accordingly.
[The EARL OF LISTOWEL in the Chair.]
Clause 24 [Duty to give traffic com- missioners information about vehicles]:
Lord UNDERHILL moved Amend- ment No. 101:
Page 24, line 13, leave out ("passengers") and insert("occupants of the public service vehicle ").
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The noble Lord said: This amendment seeks to change the word "passengers in line 13 for the words " occupants of the public service vehicle ". The provision in subsection (1) is that the holder of a public service vehicle operator's licence shall report to the traffic commissioners any failure or damage and I quote-
calculated to affect the safety of passengers or of persons using the road ”.
The amendment seeks to ensure that any- thing calculated to affect the safety of the driver, and also the conductor if there is one, is also covered by this provision. It would appear that if the wording is left as it is this matter will not be covered in the clause. I beg to move.
Lord MOWBRAY and STOURTON: On such a sunny afternoon I am very happy to start off on a very sunny atmos- phere and say that I thank the noble
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Bill
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Lord for this most helpful amendment, which has the effect of ensuring, as he has said, that the driver of the vehicle is included in the category of those protected by the clause. I am most happy to accept it.
On Question, amendment agreed to.
3.20 p.m.
Lord MISHCON moved Amendment No. 102:
Page 24, line 14, after ("practicable ") insert ("or in any event within seven days ").
The noble Lord said: I hope that the sunshine may continue at least for a few moments while I move Amendment No. 102 and, with your Lordships' permission, speak to Amendment No. 102A. At the Committee stage in the other place the Minister, Mr. Kenneth Clarke, said that a previous phrase," as soon as may be " was something which was meaningless to him and that therefore he was substituting for that the words, "as soon as practi- cable ". The matter of reporting the bad state of a vehicle is a serious one; and the words" as soon as practicable" have such an uncertainty that, while still wanting to adopt them, I would ask the Committee to say that at least a maximum period should be inserted. That is the reason for the insertion after those words of" or in any event within seven days". The same point applies to Amendment No. 102A and I will not burden the Com- mittee with the same remarks in regard to that amendment. I beg to move.
Lord MOWBRAY and STOURTON: I fear that a cloud is coming over the sun at this particular moment. There is, I am afraid, in our opinion no point in spelling out a time limit in these cases. The time within which it is practicable and reasonable to report these occurrences or to supply the information must depend on the circumstances. For example, a driver who suspects that he has a mechani- cal defect might have the vehicle tested before reporting or it may occur at holiday times; so that an exact require- ment of one week might be quite un- reasonable for reporting a defect of a comparatively minor nature. The words
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as soon as practicable adequately cover the merits of each case better than the exact timing of "within seven days I hope that the noble Lord will see that