My Lords, the Government’s intention in the Bill is to cover both when a vehicle is in motion and when it is stationary if the vehicle is about to travel. There would be a safety risk in both cases if the person in control were to be dazzled or distracted.
A journey is intended to start when the vehicle is ready to commence travel. It includes taxiing in the case of aircraft, and for all vehicles will cover any temporary stops along the way, such as stops at a train station, bus stop or traffic lights, or when waiting to take off. It is also intended to capture journeys of any length and to include a journey that returns to the same place at which it began.
I appreciate the points that have been made and what the amendment is aiming to clarify. It is our intention that if the aircraft is about to travel or has not finished shutting down after coming to a stop, this should be covered, as there could still be a risk to
transport safety. The Government believe that saying that all periods should be covered, including when a person occupies the vehicle, potentially goes too wide, as that person could be in the vehicle for a long time before the journey commenced or after it finished, when there would not be a risk to transport safety.
At Second Reading the noble Lord, Lord Berkeley of Knighton, highlighted the definition of “journey”, which can be found in the international aviation treaty—the Tokyo Convention. It states that an aircraft is in flight from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. We intend the Bill to cover that definition, but I accept the questions raised in relation to the current wording and will ask the drafters to look at this matter carefully.
A point was made about journeys—including training flights, which were mentioned by my noble friend Lord Trefgarne—which start in one place and return to that same place. It is absolutely our intention that these types of journeys will be covered by the Bill but, again, I will look at the options for making sure that that is clearer.
I hope that I have been able to clarify our intention when the word “journey” is used but, as I said, we will look at this further to ensure that there is no ambiguity in the interpretation. On that basis, I hope that the noble and gallant Lord will withdraw his amendment at this stage.