Highway Code (Rule 149)

Baroness Jones of Moulsecoomb Excerpts

Wednesday 6th April 2022 Lords Chamber

[Lord McColl of Dulwich (Con)]

My Lords, I too thank my noble friend Lady McIntosh for bringing this matter to our attention. I would like to broaden the issue slightly by drawing attention to an extremely dangerous situation whereby cyclists travel up— illegally —a one-way road the wrong way. Although it is legal to do this on some roads, which are indicated, motorists cannot see such an indication and do not know that it is legal for cyclists to do this. I wonder whether the Minister could clarify the issue and have a big drive on stopping this very dangerous habit of riding up roads the wrong way.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I also congratulate the noble Baroness, Lady McIntosh of Pickering, for spotting these errors, one might say, in the government legislation. I agree with a lot of what she says, but obviously not always. Personally, I do not have any bad feeling about e-scooters and e-bikes as, so far, touch wood, I have not actually been run over or come close to being run over by them—but I have been run over twice by cars. If we look at those killed or seriously injured, it is cars that are the biggest threat. During lockdown, those killed or seriously injured fell massively, and cyclist casualty rates decreased by a third. So it is cars on our roads that are really the biggest problem.

I do not join in this criticism of cyclists; it is a tiny minority who do not obey the law, and I shout at them just as much as anybody else would here. I was coming into work, to your Lordships’ House, the other day, and a cyclist on the junction of Parliament Square went through a red light, cut across the pavement and went straight through the gates into the Commons. Without running, I followed him and caught him locking up his bike. I pointed out what he had done was very dangerous, asked who he was and could I speak to his boss—that sort of thing. Of course, he would not give me any information and I did not feel up to grabbing his pass. There are people who break the law absolutely everywhere if they think they can get away with it and, clearly, this person, who works in this prestigious establishment, thought he could get away with it as well.

If we are going to be serious about stopping people breaking laws such as using hand-held mobile phones, we need more traffic police. The traffic police in London do the most incredible job, but their numbers have been systematically cut over the years. They need more funding and they need more officers, basically.

Perhaps I may just say—this is completely off the point—please do not use the word “accidents”. That presupposes, and prejudges, that whatever happened was a genuine accident. “Oh, sorry, I didn’t mean to do that.” Actually, no, because these crashes, these collisions, these “incidents”, as the Met Police call them, actually happen mostly because people are using their phones, they are not concentrating, they are picking something up from the floor, they are drunk or they have drugs in their system. So, please, these are not accidents. Those in the road safety community get really upset about it, because they do not think what has happened to their loved ones was an accident most of the time.

[Lord Rosser (Lab)]

I too thank the noble Baroness, Lady McIntosh of Pickering, for securing this debate. The Government have recently broadened the scope of the Highway Code’s rule 149, which now makes it an offence to use a hand-held mobile device for almost any purpose while driving, and not just to make and receive calls and texts. The offence caries a fine of up to £1,000 and six penalty points on the driver’s licence. So, if they commit the offence twice, the number of penalty points could lead to a disqualification.

The regret Motion raises concerns about the scope of changes to the Highway Code, and the “piecemeal” way in which it has been amended. More specifically, the Motion highlights the fact that the latest changes to the Highway Code, to which I have referred, do not extend to hand-held devices used by people on bicycles, e-bikes and e-scooters.

It would seem to me that the happy relationship between some cyclists and e-scooter users and motorists —and who does or does not get more favourable or preferential treatment—clearly remains in fine fettle. It must add an exciting additional dimension to the Minister’s ministerial role. The changes to rule 149 were implemented through the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 that came into force on 25 March 2022. Since 2003, it has been an offence to use a hand-held mobile phone while driving if the device is being used for “interactive communication” —that is, receiving a call or sending a text.

In 2019 the High Court upheld the quashing of a conviction of a man who had taken a video on his phone of a road traffic accident while driving. The court accepted the argument that using a stand-alone feature on the phone—recording a video, taking a photo or searching for music stored on the phone—was not an interactive communication within the definition of the regulations. In response to the judgment, in 2020 the Government launched a consultation on expanding the offence of using a mobile phone while driving. Following the consultation, the Government said that

“all use of a hand-held mobile phone while driving is reckless and dangerous, and not just when being used for the purposes of a call or other interactive communication.”

The Government also said that more than 80% of respondents “agreed with the proposal” to broaden the offence to cover the use of stand-alone features on a phone.

The original consultation document, though, did not make any reference to extending the offence to include other road users, such as cyclists or users of e-scooters. The Government’s response to the consultation stated that some respondents had raised the issue of extending the proposals to those road users, but the Government made no commitment to do so. Why did the Government make no such commitment? Does the lack of such a commitment mean that changes will not be applied to cyclists, e-bikes and e-scooters at any stage in the foreseeable future, or is there a possibility that they will be? That would add strength to the point in the regret Motion about making changes in a piecemeal way.

As I understand it, the Highway Code—I think it is rule 66—already states that cyclists should

“keep both hands on the handlebars except when signalling or changing gear”.

To what extent do the Government think this rule already prevents cyclists exercising the functions that rule 149 outlaws?

The regulations create a new exemption for contactless payments in certain circumstances. This is presumably to allow for drivers to use toll booths and drive-through restaurants—it is an interesting exemption. In recent months road traffic accidents have been reported at both, hopefully not—I say this not too flippantly—because someone took the words “drive-through” too literally. Do the Government believe that learner drivers should be taught how to safely use and negotiate toll booths and drive-through restaurants in light of the fact that road traffic incidents have recently been reported at both?

The Government say in the Explanatory Memorandum that changes to the Highway Code reflect the changes in the statutory instrument. They say:

“The government will also expand the advice contained on gov.uk to address some common misconceptions about the law on mobile phone use while driving which became evident through the consultation process.”


However:

“For those responsible for enforcement (police and courts), the government will rely on them to alter their guidance as necessary to reflect the changes to the law.”


Reference has been made to the Secondary Legislation Scrutiny Committee, which noted that more information had been given in the Explanatory Memorandum this time about plans to publicise the changes. The committee also stated that this House had

“made clear the strength of its concerns about the Department for Transport’s piecemeal approach to changing the Highway Code”

and that the committee remained

“concerned that the hard copy version of the Highway Code is so out of date.”

A question has already been raised on that issue, and no doubt the Minister will respond to it. I too ask what the Government’s response is to the comments made by the SLSC.

In the context of changes and whether they are piecemeal, how many more changes to the Highway Code are already in the pipeline, reflecting statutory provisions either already determined or currently going through the legislative process? Perhaps the answer is none, but it would be helpful to hear from the Government what it is. How many changes have there been to the Highway Code over the last five years? Is it the Government’s policy to make changes to the code immediately those changes have been decided, or does the department seek if possible to make changes to the code, say, only once a year?

Draft Revision of the Highway Code

Baroness Jones of Moulsecoomb Excerpts

Thursday 27th January 2022 Lords Chamber

Moved by

[Baroness Jones of Moulsecoomb]

That this House regrets the draft Revision of the Highway Code because, despite making important changes to protect road users from harm, Her Majesty’s Government has failed sufficiently to educate the public on the changes.

Relevant document: 24th Report of the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I was so sorry to have missed the earlier debate in full: it looked very exciting—and I rather think that this debate might be exciting as well. There might be quite a lot of opposition.

In spite of having tabled a regret Motion, I am, in fact, fully in favour of these changes, and I congratulate the Government on their foresight in actually bringing them in to make our roads safer. It is absolutely brilliant. I wholeheartedly welcome the changes to the Highway Code. They try to create a situation on our roads where those who can do the greatest harm have the greatest responsibility to reduce the danger that they may pose to others. That means that a cyclist should assume responsibility for the safety of those walking; and a driver has greater responsibility to look out for those cycling, horse-riding and walking. [Interruption.] Shush!

It means that car drivers do not turn at junctions when someone is waiting to cross the road—although I have to say that I thought that was the rule already, and I always stepped out fearlessly, scowling at the drivers. So I am glad that that change is being made. It means that drivers should not cut across people on cycles and horse-riders travelling straight ahead when the drivers are turning at a junction. It means that drivers use the “Dutch reach”, using their left hand to open the door, which makes the driver look over their shoulder to check for nearby road users.

All this is common sense, so I am quite curious about what people perceive as the problem. In fact, of course, the answer is that many drivers believe that might is right: the bigger your vehicle, the more right of way you have. In the UK, drivers are still buying bigger and more polluting vehicles. These are safer vehicles—but only for them, the drivers. Road casualties have fallen a lot over the past three decades, but that is because far fewer car drivers are being killed or injured, because cars are safer for their drivers. The number of pedestrians killed or injured in busy cities such as London has plateaued rather than declined. We made safer vehicles but we did not create safer roads.

Many drivers think that they are beyond the law. In 2018, a staggering 540 people were injured or killed every week in Britain. That is the most phenomenal cost in all sorts of ways. It costs the NHS; it costs the emergency services; it costs social services to mop up after these collisions and injuries, some of which of course are life-changing. We have lawless roads, and the reason for that is that road crime is not treated in the same way as regular crime. I have always supported our amazing traffic police; they do an incredible job against the odds. They make the most astonishing number of arrests because, when they see an illegal car moving around and they stop them, they quite often find that the drivers are criminals: they have drugs and weapons and all sorts of stuff in their car.

The problem is that many drivers will pay as much attention to these changes in the Highway Code and the guidelines as Boris Johnson did to the Covid rules. Our only hope is a massive publicity campaign to convince the majority of people that being a responsible driver or a responsible cyclist—or even a responsible pedestrian—is a matter of courtesy, caring and common sense. We need the same energy that went into the TV ads for the Green Cross Code, drink-driving or “clunk-click”. Without that, I am worried that these changes will escalate injuries on the road. Pedestrians will assert their right to cross the road at a side junction, and car drivers or cyclists will not stop. Pedestrians will be in the right, but that will not stop them being hurt.

These new measures need immediate publicity, including notices, for example, sent with every notification that drivers receive. I found out about these changes only by accident, and if I, who care a lot about road safety and road danger, found out about them only by chance, there are going to be an awful lot of people who have not heard about them yet. So I appeal to Ministers to spend the money to make these Highway Code changes relevant and noisy. I hope they will be a small step towards changing the culture of lawless roads, which leaves so many grieving for lost family and friends and many thousands suffering from life-changing injuries. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness on securing this debate and on so ably setting out the changes, on which I will not elaborate. It is not entirely clear whether cyclists or drivers of e-scooters will be covered by these changes as well, so I hope that the Minister might address that in her reply. Does she agree that one of the difficulties of the present Highway Code—and, in particular, with these current changes—is that cyclists can, on occasion, display insufficient regard for other road users. I echo what the noble Baroness, Lady Jones of Moulsecoomb, said about insufficient awareness.

I speak from the vantage point of a rural dweller who travels on country lanes a lot by car rather than by bicycle, particularly in North Yorkshire and County Durham. What concerns me is that, if I understand the Highway Code changes correctly and cyclists are to be asked to cycle in the middle of a country lane, it is going to be impossible for other road users to pass them safely. I want to flag this up to my noble friend the Minister, since in the pubs and tea rooms of North Yorkshire people will talk of little else until these come into effect. It would be helpful to know whether that is the case. Also, with regard to cycle lanes in cities, is it the case that cyclists are now requested not to use them if they do not feel safe but to revert to using the lane?

Finally, my noble friend is aware of my Bill to amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988, extending the Road Traffic Act 1988 to include the offences of causing death by dangerous cycling, causing serious injury by dangerous cycling and causing death by careless or inconsiderate cycling. The reason why I raise this in the context of the Highway Code is to ask whether we require primary legislation to make these changes. I was delighted to hear the Secretary of State announce that the Government are now prepared to make these changes. Do we need legislation? Can I lay my Bill to rest, or do we actually require primary legislation? If so, when do the Government intend to bring that legislation forward?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

I will.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I thank every noble Lord who has taken part in this debate, and I particularly commend the Minister. It is such a pleasure to agree with a government Minister and to hear her spirited defence of old and new regulations.

There are a lot of issues here and, of course, I disagree with quite a lot of what has been said. We always have to remember that car drivers are subsidised by the rest of us. They are subsidised by cyclists, pedestrians and, obviously, other car drivers. Please let us not think that car drivers have the right to do whatever they like on our roads.

There are too many issues to cover, but on the issue of cyclists killing other people and so on, that hardly ever happens. In fact, 99% of pedestrian deaths are from motor vehicles. Please let us not forget that. I was going to refer to what the noble Baroness, Lady Hodgson, said, but the Minister corrected that. Cycle lanes are often dangerous, and the infrastructure has to be looked at.

The noble Baroness, Lady Randerson, talked about the budget. That is quite important, because I think there is £500,000 at the moment, which will be nowhere near enough. I recommend that if government Ministers could get that out there and notify people on prime TV time—talking about this instead of cake—that would obviously help to spread the word.

The Government have been very slow to produce a draft of these changes. In fact, they were told back in July 2018 that there was a need for a public awareness campaign, yet the relevant people looking at it were given the details only a week ago.

I thank the noble Lord, Lord Tunnicliffe, for his positive and sympathetic response. As somebody who does not cycle any more, because I walk, I am well aware of the dangers of cycling in London and other places, including rural areas, and I commend the Minister for saying that we should show some patience and courtesy. It is perhaps time that we all learned that. I beg leave to withdraw my Motion.

Motion withdrawn.

Electric Vehicle Charge Points

Baroness Jones of Moulsecoomb Excerpts

Wednesday 26th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

That, of course, is a very serious consideration: we need to make sure that companies do not just stick up a charge point and then leave it there unmaintained and, therefore, unreliable. We will be considering all options as we respond to the consultation.

[Baroness Jones of Moulsecoomb (GP)]

The Minister has mentioned on-street parking and not on-pavement parking. Is any advice given to councils, because an awful lot of them put the chargers on pavements, which obviously makes life harder for pedestrians?

[Baroness Vere of Norbiton (Con)]

The noble Baroness raises a very important point. I do not know what guidance exists on the siting of EV chargers. I shall take that back to the department and write to the noble Baroness.

Global Traffic Scorecard: London

Baroness Jones of Moulsecoomb Excerpts

Wednesday 5th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government have, of course, been extraordinarily generous to the rail system. Over the course of Covid, we have been able to keep services running to make sure that people can get from A to B as and when they have needed to. We are now entering a new phase for rail, where we will be looking at introducing the structures around Great British Railways in order to benefit passengers—it is all about putting passengers first. As the noble Lord knows, on buses, we will be allocating £1.2 billion of transformation funding. We hope to do that fairly soon. We would like that to focus on bus priority to speed up services, so that we can break the cycle of decline.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, on that issue of generosity, obviously, getting cars off the road would be the quickest way to decongest our roads nationally. But in London, bus passengers, through TfL, actually pay for all the road repairs, and therefore they subsidise motorists. Does that seem right?

[Baroness Vere of Norbiton (Con)]

I am not sure I understand the noble Baroness’s point. The point that I am able to respond to is about getting cars off the road. This Government do not want to take cars off the road: the whole point is that we need to provide the right type of journey for the right passenger. For some people, that will mean using private cars, and for others it will mean using buses. It also means decarbonising the private vehicles that we currently have.

Isles of Scilly: Ships

Baroness Jones of Moulsecoomb Excerpts

Tuesday 23rd November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I certainly hope that both those things will be true. As the noble Lord will know, there is at the moment a very ageing vessel that chugs back and forth. It is very dirty, it keeps breaking down, the cost of maintenance is very high and it has to be taken out of service for maintenance to take place. It is also the case that, to fund that maintenance, passenger fares go up and demand therefore goes down. There is so much about this bid that is very attractive. We would hope that, out of all of this, we will see better services to the Isles of Scilly.

[Baroness Jones of Moulsecoomb (GP)]

Will there be a requirement in the contract to eliminate the use of fossil fuels?

[Baroness Vere of Norbiton (Con)]

I cannot comment on the detail of the contract; indeed, I am not entirely sure to which contract the noble Baroness is referring. We will be looking in the business case at the environmental credentials of the bid. These are very decarbonised vessels, and this is a huge step forward for maritime in the area. As I have said, however, the development of the OBC and the FBC will take a couple of years, so there will be many opportunities to discuss this further in the future.

Railways: East Coast Main Line

Baroness Jones of Moulsecoomb Excerpts

Wednesday 3rd November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As the noble Baroness knows, the Government were really clear in the transport decarbonisation plan what the long-term future looks like for various modes of transport. We recognise in that plan that the cost of motoring has fallen at the same time, for example, as the cost of fares have gone up by 20% and even more than that for bus and coach journeys. But, of course, gradually and over time we will make trains and buses better value and more competitively priced. This will impact on the modal shift and take people away from flying or using their car and get them on to trains and buses. As she is well aware, there have been a number of competitions recently where people have taken a train and a plane at the same time and arrived at their destination at the same time.

[Baroness Jones of Moulsecoomb (GP)]

I am sorry; I do not think that the question has been answered. When are the Government going to start making public transport cheaper and, for example, domestic flights more expensive? The Minister cannot just say it is going to happen some time in the future; we have a climate emergency to worry about.

[Baroness Vere of Norbiton (Con)]

The Government are subsidising train fares by a vast amount at the moment. Obviously we want them to be as low as possible, but the amount of subsidy needs to be fair to the taxpayer. The Government have asked for bus service improvement plans from all local transport authorities in the country, and we will look at their fare proposals and make sure that we can support those who offer the best value for money.

Insulate Britain

Baroness Jones of Moulsecoomb Excerpts

Tuesday 26th October 2021 Lords Chamber

[The Lord Speaker (Lord McFall of Alcluith)]

I call the noble Lord, Lord Austin of Dudley. No, he is not present. In that case, I call the noble Baroness, Lady Jones of Moulsecoomb.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, as of March last year the cost of road congestion in the UK was £7 billion, estimated at £784 per driver. Clearly, the Government are irresponsible to let that congestion go ahead and really ought to have a plan to reduce it that does not involve building more roads, which actually will attract more traffic. Would the Minister like to say something about that? Plus—Insulate Britain is right. Its tactics might be colossally difficult for us to cope with, but it is right that the Government should be insulating the leakiest council housing homes in Britain, rather than allowing those people to spend cold winters, be ill and emit endless CO₂ emissions.

[Baroness Vere of Norbiton (Con)]

Well, I am just relieved that the noble Baroness did not stand up and agree with her fellow eco-warriors. As I have previously set out, this Government have a very strong record on tackling climate change. I point the noble Baroness to the transport decarbonisation plan, published by the Department for Transport, which clearly sets out exactly how we intend to decarbonise our transport system.

Transport Decarbonisation

Baroness Jones of Moulsecoomb Excerpts

Monday 19th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I think I have gone as far as I can on charging. We recognise that it is one of the greatest challenges facing the take-up of electric vehicles. My colleague the Minister for the Future of Transport is working diligently on making sure that we have the right plan in place for the £1.3 billion we will be investing in it over the next four years. That will be set out in the electric vehicle infrastructure strategy.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, one option for reducing CO₂ emissions, of course, is to travel less. The Government could make it easy for people not to travel—that is, go into the office—if they do not want to, by making sure they have a high-quality internet connection. Is that something the Government are stressing at the moment?

[Baroness Vere of Norbiton (Con)]

The noble Baroness is quite right: we want people to travel the right amount, whatever that may be. The Government certainly have very ambitious plans when it comes to broadband connectivity. We want to roll it out to as many places as possible so that people can work from home if it is right for them and their employer.

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2021

Baroness Jones of Moulsecoomb Excerpts

Thursday 8th July 2021 Grand Committee

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I too thank the Minister for her explanation, but I am relieved that the noble Lords, Lord Teverson and Lord Berkeley, used the word “opaque”, because I felt blinded by science but assumed I was the only one. This is an almost sneaky little piece of legislation, because it is presented as a regulation to continue the status quo but it is actually backfilling a regulatory loophole that was created by the Government; it did not have to be created. I am concerned that this little loophole has allowed some highly polluting vehicles to be sold in Northern Ireland. It is only in September of this year that the loophole will close, so highly polluting vehicles can still be sold until then. Clearly, it was negligent of the Government to allow this to happen. For some strange reason, they dropped Northern Ireland out of the EU emissions regime two weeks before the end of the transition period and then allowed a nine-month window of lawlessness when it came to selling polluting vehicles. Perhaps we could have some explanation of that, if it was not in the opening remarks.

Since Northern Ireland enjoys the dual status of being in the EU customs union as well as the UK internal market, I am worried that there is an opportunity for car manufacturers from across Europe and the UK to dump any remaining stock of highly polluting vehicles into Northern Ireland and for them to be sold perfectly legally. Is it possible that the Government created this nine-month free-for-all as a useful opportunity to prop up some car manufacturers and let them clear out their polluting inventory? I sort of felt that that was what the Minister was saying in her introduction.

I have a few questions. Can the Minister give details of how many vehicles have been sold in Northern Ireland through this loophole? How many more are left to be sold and are likely to be sold—I realise that is a harder question—before the September deadline? What is being done to prevent car manufacturers exploiting the loophole and dumping dirty vehicles in Northern Ireland, or do the Government just think this is fair game?

Historical Railways Estate

Baroness Jones of Moulsecoomb Excerpts

Monday 5th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I am really happy to reassure the noble Lord that Highways England already does exactly what he asked me to make sure that it does. It consults with local authorities, parish councils, people who run active travel schemes and, of course, heritage railway providers, whether or not the railway is actually built. Of the 3,250 railway properties, some will require work that is in excess of maintenance: that might include infilling, but of course infilling can be reversed.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the Historical Railways Estate seems to be the perfect body to take forward the Government’s stated policy to reverse the Beeching cuts and promote active travel. However, it does not have a budget from Highways England for changes to the system in terms of active travel. Does it have a budget for reversing the Beeching cuts?

[Baroness Vere of Norbiton (Con)]

I am afraid I am not aware of the body the noble Baroness has just referenced. There are all sorts of budgets around. Obviously there is £500 million in the Restoring Your Railway fund and up to £2 billion in terms of cycling and walking. It is important to understand that, where particular railway properties fall into either of these schemes, their ownership can be transferred to the scheme’s promoters and therefore they can be maintained in future.