Road Safety Bill [HL]

moved Amendment No. 160:"After Clause 42, insert the following new clause—"    ““CAUSING OR PERMITTING A CHILD UNDER 16 TO RIDE A CYCLE ON A ROAD WITHOUT PROTECTIVE HEADGEAR (1)   Except as provided by regulations, it is an offence for any person to whom this section applies to cause or permit a child under the age of 16 years to ride a cycle on a road unless the child is wearing protective headgear, of such description as may be specified in regulations, in such manner as may be so specified. (2)   Subsection (1) applies to the following persons— (a)   any person who— (i)   for the purposes of Part I of the Children and Young Persons Act 1933 (c. 12), has responsibility for the child; (ii)   for the purposes of Part II of the Children and Young Persons (Scotland) Act 1937 (c. 37), has parental responsibilities (within the meaning given by section 1(3) of the Children (Scotland) Act 1995 (c. 36) in relation to, or has charge or care of the child; (iii)   for the purposes of article 5 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), has parental responsibilities in relation to the child; (iv)   (in relation to Northern Ireland) has care of the child or is, otherwise than by virtue of article 5 of the Children (Northern Ireland) Order 1995, legally obliged to maintain the child. (b)   any owner of the cycle, if the owner is above the age of 15 years; (c)   any person other than its owner who has custody of or is in possession of the cycle immediately before the child rides it if that person is above the age of 15 years; (d)   where the child is employed, his employer and any other person to whose orders the child is subject in the course of his employment. (3)   A person guilty of an offence under subsection (1) above is liable on summary conviction to a fine not exceeding level 2 on the standard scale. (4)   In this section—    ““regulations”” means regulations under section (Regulations in relation to section (Causing or permitting a child under 16 to ride a cycle on road without protective headgear)); and    ““road has””— (a)   in England and Wales the meaning given by section 192(1) of the Road Traffic Act 1988; (b)   in Scotland the meaning given by section 15(1) of the Roads (Scotland) Act 1984 (c. 54); and (c)   in Northern Ireland the meaning given by article 1(2) of the Road Traffic (Northern Ireland) Order 1995 (1995/2994). (5)   In this section and section (Regulations in relation to section (Causing or permitting a child under 16 to ride a cycle on road without protective headgear)) ““cycle”” means a monocycle, a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle.”” The noble Lord said: In moving Amendment No. 160 tabled in my name and in that of the noble Earl, Lord Listowel, I shall speak also to Amendment No. 161. Dealing with Amendment No. 161 first, it enables the Secretary of State to make regulations as to the working of the new section inserted into the Bill by Amendment No. 160. The Bill is designed to reduce casualties on our roads. These amendments are aimed at reducing deaths and serious injury to cyclists under the age of 16. It is estimated that 90,000 road-related and 100,000 off-road cycling accidents occur every year in the United Kingdom. Of them, some 53 per cent—that is 100,000—involve children under the age of 16. This causes considerable distress to children and their families and great expense to the National Health Service. Properly worn cycle helmets have been shown to reduce head injury by up to 87 per cent. Protecting the brain is vital. Even a minor head injury can have distressing consequences, particularly in a child, including nausea, headaches, dizziness, memory problems and extreme tiredness. A more serious head injury can have devastating and permanent consequences, including death. According to Department of Trade and Industry leisure and home accident data published in 2002, an estimated 90,000 children aged 15 and under attend hospital for cycling-related injuries. Of these, nearly a third—26,000—will have sustained a head injury. Motorcyclists have had to wear a helmet since the 1970s. It has been compulsory for young horse and pony riders to wear a hard hat since 1992. Professional cyclists now have to wear a helmet while racing. That came in in May last year. I understand that the British Medical Association is supporting this amendment, as do charities which look after people who have suffered a brain injury, including Headway, Break and the Child Brain Injury Trust. I beg to move.