Clause 10 - Financial penalty deposits
Road Safety Bill
11:00 am

Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)
I am told that the parliamentary Labour party is full, but the hon. Member for Christchurch can go on the waiting list if he wants to.
Initially the measure is aimed at commercial drivers, because, as hon. Members know, they may not commit the majority of offences but, when they do commit them—and particularly when they are involved in collisions—they tend to be among the more serious events. They tend to happen on our main trunk and motorway network. HGVs are disproportionately represented in the figures for serious incidents involving death and injury. I am afraid to say that a worrying number of foreign vehicles are involved in those figures too. The majority drivers are safe and the majority of vehicles are good, but those that are bad are represented in the figures. We are tackling the problem first where it is worst.
The hon. Gentleman asked when the provision will come into force. Assuming that the Bill obtains Royal Assent, there will be a period of consultation, which we will be obliged to undertake, followed by secondary legislation. I anticipate that if the timetable goes well that will certainly happen before the end of the year. It would then be up to us to decide how in future we might extend the provision to other vehicles.
The hon. Member for Caithness, Sutherland and Easter Ross raised the question of the refund. I assure him that that would be the excess, if appropriate, paid over any fine. If the fine subsequently turned out to be less than the deposit there would be a refund. That is why, as my hon. Friend the Member for Wellingborough (Mr. Stinchcombe) pointed out, proposed new section 90C(12) of the Road Traffic Offenders Act 1988 defines ''the appropriate refund''. It is, obviously, the difference between one amount and the other, and that had to be included in the Bill. I hope that that has been helpful.
