Roadside Recovery Vehicles: Red Lights

(Limited Text - Ministerial Extracts only)

Tuesday 23rd July 2019 Westminster Hall

[The Minister of State, Department for Transport (Michael Ellis)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) on securing this important debate about roadside recovery vehicles and the use of red flashing lights. I would like to take the opportunity, if I may, to express my sympathy for those affected by the individual, tragic case that she referred to and that provoked the debate. I am also grateful for the intervention and speech of my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning).

I very much admire the work performed by the men and women of the roadside rescue and recovery operations. They provide a crucial service to stranded motorists and motorists in danger, and they do it 24 hours a day, 365 days a year, in all weathers including severe weather conditions. As well as providing comfort and relief to those who have broken down and having a substantial positive impact on the individuals they rescue, they support the wider economy by getting goods moving and preventing the build-up of congestion on our very busy road network. A report published by Highways England in 2017 noted that business sectors reliant on the strategic road network contributed more than £314 billion to the UK’s economy, while current projections suggest that the cost of congestion to the freight industry will be £14 billion in 2040.

It is clear that the work of recovery operators can be hazardous, particularly when they operate on roads with fast traffic, such as motorways and other parts of our strategic road network. It is important that we do all we can to provide a safe environment for operators to work in and for people who use the network to travel through. I am sure it has not gone unnoticed that the United Kingdom has some of the safest roads in the world, but the effect of every death and serious injury on our roads is devastating for the individuals involved and for their families; I absolutely recognise that.

The Government will continue to lead the way in improving road safety. This is a major national issue that demands close co-ordination across government agencies, the devolved Administrations, local government, enforcement authorities and a range of other bodies. We therefore published our road safety statement very recently. The road safety action plan last week outlined no fewer than 74 actions to reduce the number of people killed and injured on our roads.

[Tracey Crouch]

I have to beg the Minister’s forgiveness, because I have not read every detail of the road safety plan, but can he tell me how many of those 74 actions relate to roadside recovery operators?

[Michael Ellis]

I commend the document to my hon. Friend. I cannot give her the exact number at the moment, but perhaps she will allow me to write to her about it.

Highways England is the Government company charged with operating, maintaining and improving England’s strategic road network of motorways and major A roads. It therefore has a key role to play in moving broken-down vehicles to a place of relative safety to await recovery or in closing a lane to make it safe, in exercise of its powers under the Traffic Management Act 2004 to stop and direct traffic.

[Sir Mike Penning]

I am fascinated to hear that Highways England is now moving vehicles and pulling them off the motorways. When I was the Minister, I asked how many vehicles it moved and the answer was zero, so I do not know quite where the Minister’s information is coming from.

[Michael Ellis]

What I said was that Highways England has a key role to play in moving broken-down vehicles. Of course, it is all part of a team effort, including the blue-light emergency services as well as Highways England, when it comes to closing roads to improve safety after a road traffic collision or other breakdown circumstances.

Highways England is part of the SURVIVE group, which has developed and sponsors a detailed national standard to improve the safety of breakdown operatives, employees and customers during breakdown and recovery operations. Certification to the standard demonstrates that management systems are in place, with procedures established to meet safety standards, legislation and best practice for the industry and help road recovery operatives to carry out safe and rapid recovery of vehicles with minimal risk. The SURVIVE standard was introduced in 2015 and amended in 2018, and more than 500 organisations are currently accredited to it—a significant achievement that demonstrates real professionalism within the industry, which I congratulate.

The Government also recognise the benefit of improved vehicle construction standards. The road vehicles lighting regulations were amended in 2010 to require all new goods vehicles over 7.5 tonnes, including those used for road recovery purposes, to be fitted with conspicuity markings to the rear and side to illuminate the vehicle at night. Fitting such markings is optional for smaller vehicles, including the smaller recovery vehicles, but vehicles over 7.5 tonnes must have them. That requirement was brought in by this Government in 2010.

Amber warning beacons can be a valuable tool for conveying important information to other road users. The road vehicles lighting regulations restrict the fitting of amber warning beacons to vehicles with a specified purpose—including recovery vehicles, as well as vehicles used for highway maintenance, refuse vehicles and so on. Additional requirements limit the use of amber beacons to specific functions in order to avoid proliferation; for example, recovery vehicles may use the amber warning beacon only when attending an accident or breakdown, or while towing a broken-down vehicle.

Despite these existing measures, I realise that there is a call from the industry for the use of red flashing lights, because it sees added benefit in them. The police and some fire service vehicles are legally permitted to use red flashing lights, but even those blue-light services must use them under additional guidance issued to their trained drivers. Highways England traffic officer vehicles, which patrol our strategic road network of A roads and motorways, are permitted red flashing lights, but only when operating on live carriageways, not on the hard shoulder. I am aware that comparisons are often drawn between the operations of traffic officer vehicles and those of road recovery operators. Both traffic officers and road recovery operators perform incredibly important work, but as we know, recovery operators should not operate in live running lanes. To emphasise an important distinction, Highways England traffic officers should only use red flashing lights when operating in the live lane to control traffic. They, too, should use amber lights when stationary in other situations.

[Tracey Crouch]

I humbly suggest that after the debate, the Minister looks at some of the additional briefing papers that have been sent to him in advance of it, because the roadside recovery industry is not calling for the use of red lights in live carriageways, nor is it calling for the operation of red lights while its vehicles are moving. It is specifically asking for the use of red lights while stationary, attending a vehicle, because as I pointed out in my speech, the neurological and psychological response to a red light is very different from the response to an amber one. The industry is not calling for anything that is difficult to achieve.

[Michael Ellis]

I am not suggesting that it is—I know it is not—but I am making an allusion to Highways England traffic officer vehicles and what their rules are, so as to differentiate between the current rules for traffic officer vehicles and those for recovery vehicles.

The evidence that we have is key, and I have noted what my hon. Friend the Member for Chatham and Aylesford has said about the Rayleigh effect and the scientific evidence about colour. Research into the effectiveness of red flashing lights on vehicles was also carried out in 2010 by the respected Transport Research Laboratory for what was then the Highways Agency, in support of its traffic officer services, so some work has been done on this topic in the recent past. In that study, drivers’ responses to the display of amber and red lights, both on the hard shoulder and in a live lane, were considered to identify which configuration produced the lowest risk to traffic officers. It concluded that flashing lights may make something more visible by attracting attention, but also that too many lights or lights of too great intensity may cause distraction or obscure pedestrians in or around a stationary vehicle.

Assuming that drivers are paying attention to the lights on a stationary vehicle, it is vital that they identify what the hazard is and what action might be necessary while they still have reasonable time to act. That requires early recognition of whether the hazard is in a live lane or on a hard shoulder. Permitting the wider use of any restricted lighting function, including red flashing lights, needs careful consideration, because the warning message they are intended to give will become diluted if they are used too often. Ultimately, that will be to the disadvantage of those who currently use them.

[Sir Mike Penning]

I was the Minister in 2010 when that report was done, and I questioned whether it was a defence of the Highways Agency—as it was at the time—or was trying to improve what the regulation was doing all the way through.

I was out on patrol with the police on the M1 only six or seven weeks ago, and the concept that only Highways England traffic officers use their red lights in a live lane is tosh. They were sitting on the hard shoulder with us, and thank goodness they did, because we had some very near misses while we were waiting for a recovery vehicle. Telematics are available, so that could be stopped, and that is exactly what the industry is offering now, but we are not talking about live lanes; we are talking about the hard shoulder, where these people—I am sorry to use emotive language, Mr Davies—are frankly being wiped out. I am sorry, but the Department for Transport is not looking at this with an open mind; I will say that the Secretary of State is, because this debate is completely different from the conversation I had with him.

[Michael Ellis]

I assure my right hon. Friend that the Department is looking at this with an open mind, as I hope will become clear as I continue my remarks.

Apart from recovery operations, there are many other legitimate reasons for vehicles to operate on the roadside. We have to bear in mind that any move to extend the use of red flashing lights will need to consider those additional purposes and the broader effects. However, I emphasise that I am aware of the work of the all-party parliamentary group for roadside rescue and recovery and the Campaign for Safer Roadside Rescue and Recovery, and the excellent work they have been doing to engage with stakeholders and witnesses from across the industry to develop an evidence base to support the call for a change in regulation that my right hon. and hon. Friends have referred to.

I understand that the APPG’s call for evidence resulted in a number of detailed responses, including from the AA and RAC, two of the largest recovery operators in the UK. Responses were also received from the National Police Chiefs Council and several other organisations representing the interests of those involved in the industry and supporting those injured during their work. We will need to properly consult the blue-light emergency services on their views about the use of red lights on recovery vehicles, and I am conscious of the fact that this campaign has attracted the support of many right hon. and hon. Members of this House.

My right hon. Friend the Secretary of State for Transport has raised this issue with me, in light of the conversation he had with my right hon. Friend the Member for Hemel Hempstead. I have discussed this matter with my officials, and I know that the Secretary of State has raised this point as well. In light of the work by this campaign, by my right hon. and hon. Friends and by the APPG and others, we have asked officials to carry out a review of the available evidence in the context of existing policy on red flashing lights, and seek advice on whether a more flexible approach might be appropriate. I think that is the principal wish of my right hon. and hon. Friends, and it is something that we can agree to. That review is expected to take several months, and it will be done efficiently.

In the meantime, I draw the attention of the House to the measures that recovery operators can already take to improve the conspicuity of their vehicles beyond amber warning beacons, within the existing regulatory framework. Those include the use of retro-reflective materials to increase conspicuity at night or under low-light conditions, and the use of fluorescent materials to improve daytime visibility. It is also possible to use additional rear position lights, brake lights and hazard warning lamps. Work lamps may be used to illuminate the working area for the operator when the vehicle is stationary, and illuminated signs reading, for example, “recovery vehicle” may be used.

In the longer term, the Government recognise the need for better evidence and are currently undertaking a review of the national casualty data that we collect. As part of that review, consideration will be given to the merits of collecting specific casualty data for personnel performing roadside recovery or repair. I heard what my right hon. Friend the Member for Hemel Hempstead said at the beginning of this debate, and we will look into that issue.

[Sir Mike Penning]

I am really pleased that there is going to be a review. Can we wait for the evidence and recommendations of the APPG for roadside rescue and recovery before any decisions are made? There will be lots of evidence in that review.

[Michael Ellis]

I would certainly expect, and will require, that my officials have the fullest possible reference to the work of the APPG on this subject.

My Department has awarded the RAC Foundation almost half a million pounds to pilot new ways of investigating road crashes. It will trial a different approach to identifying and understanding common themes and patterns that result in death and injury on the public highway, and can help to shape future policy.

I believe that operators using the broad range of measures available to them and following the best practice guidance set out by the SURVIVE group should be able to recover stranded vehicles in relative safety. However, as I have mentioned, the Department for Transport is very conscious of the excellent work that that group does. We will be reviewing this issue over the coming months, and will undertake a review of existing policy and report back.

Question put and agreed to.