Draft Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022

(Limited Text - Ministerial Extracts only)

Monday 13th June 2022 General Committees

[The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)]

I beg to move,

That the Committee has considered the draft Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022.

It is a great pleasure to serve under your chairmanship, Mr Stringer.

This draft statutory instrument corrects an error in the recent Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022, which govern goods vehicle operator licensing regimes in Great Britain and Northern Ireland. The purpose of the original instrument was to make necessary changes to the legislation governing those regimes. The UK was obliged to implement the changes in the instrument following commitments included in the UK-EU trade and co-operation agreement, the TCA.

The purpose of this draft instrument is to correct the original instrument, which went beyond the policy intentions. The intent was that the original regulations would apply only to the operation of goods vehicles. By mistake, however, one provision also applied to the operation of passenger vehicles. In doing so, it disrupted the Public Passenger Vehicles Act 1981, making the regulation of passenger vehicles somewhat more complex. That is of course an error that we must fix. The traffic commissioners have been able to continue their important work for the past three months, but the error has added complication and is not sustainable in the long term.

The vital aim of both our goods and passenger operator licensing regimes is to ensure that goods and people are transported fairly and safely. Given the distances covered on UK roads by vehicles, and the potential risks to road safety posed by their use, maintaining high standards for UK operators is a key part of maintaining and improving the standing and reputation of the industry, which plays such a vital role in the UK economy.

Our intention was to correct the error with a statutory instrument using the negative procedure; and, in draft, we laid a correcting instrument on 25 February with that in mind. Following consideration of the correcting instrument by the sifting Committees, however, it was determined that the affirmative procedure would be more appropriate. The original instrument has been debated and has now come into force. The correcting draft instrument before us is slightly different from the one laid in February, because it will be made after, instead of before, the main statutory instrument.

This draft instrument will correct the error in regulation 7 of the original instrument. Due to how it was drafted, regulation 7 of that instrument erroneously applied certain provisions to road passenger transport operations. The error had the effect of applying the provisions to all transport managers of certain road goods vehicle operations and road passenger transport operations. That was not the intention of the policy; the changes made in the original instrument were intended to apply only to goods vehicle operator licences, as required by the TCA. Road passenger transport is governed under a separate title of the TCA. Therefore, changes to goods transport are not applicable to passenger transport. As a result of the relaying of this correcting instrument via the affirmative procedure, the error has been in force for about three months.

Working alongside the regulators in the industry—the traffic commissioners—we identified available options using case law, rather than legislation, to minimise the impact of the legislative gap. We are, however, eager to ensure that the gap is closed as soon as possible.

Let me turn to the practical implications. The effect of the error has been to make the regulation of transport managers of road passenger transport operators slightly more complex. The error relates only to transport managers within the public service vehicles jurisdiction—those already on licences and subject to regulatory intervention, or those who seek to be nominated as transport managers. Over 2019-20, only 19 transport managers may have been affected by such action.

A combination of existing legal provisions, case law and published guidance that reflects judicial decisions from previous appeal cases has assisted the continued effective regulation in the area, and this has managed to avoid any real-world effects, such as those relating to road safety. The traffic commissioners have taken particular care to communicate the decisions carefully during the gap period, and their continued hard work is much appreciated.

The original regulations were introduced to ensure that the UK upheld our obligations under the TCA. Since being introduced, they have ensured that UK-EU trade flows can continue. Once this correcting instrument is made, the regime as it applies to the transport managers working in the goods transport industry will continue to be included in the scope of the original instrument, as intended, and those working in road passenger transport will no longer be in scope. I commend the draft regulations to the Committee.

--- Later in debate ---

[Trudy Harrison]

I thank hon. Members for their contributions. As I set out in my opening speech, the regulations will correct an error in the Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022.

Let me respond to the points that have been made. The Department for Transport has drafted 100 SIs in 2022 so far, and there were 223 SIs in 2021, so we are a very busy Department. That is, of course, no excuse, so we have set up the SI delivery reform programme to assess how we need to make further improvements and support the many staff who have been working hard to draft complicated SIs in what I think everybody would agree have been fairly adverse times over the past few years. I would be happy to share with the hon. Member for Sheffield, Brightside and Hillsborough the findings of that programme when it concludes.

I do not downplay the importance of resolving the error, but the effective operation of the operator licensing regime has meant the traffic commissioners have been able to mitigate any real-world impact as a result of the error over the gap period. I put on the record my personal thanks to them for that. In practice, the issue relates only to those transport managers within the public service vehicles jurisdiction—either those who are already on licences and are subject to regulatory intervention, or those who seek to be nominated as transport managers. By correcting the error, which is absolutely the right thing to do—we have been honest and forthright in doing so today—we can ensure that the regime will apply only to transport managers who work in the goods transport industry, as was originally intended.

The hon. Member for City of Chester invited me to discuss flashing lights on heavy goods vehicles. He made an important point, but I am not the Minister responsible for roads, so will endeavour to write to him with information on that specific point. On how we are improving facilities for heavy goods vehicle drivers generally, the Chancellor recently committed a further £32.5 million, in addition to more than 30 measures, to improve the conditions and attract more people to the freight and logistics sector.

I thank all Members for their participation in the debate.

Question put and agreed to.