Draft Revision of the Highway Code

Baroness McIntosh of Pickering Excerpts

Thursday 27th January 2022 Lords Chamber

[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?

[Lord Young of Cookham (Con)]

My Lords, as a former Secretary of State for Transport and a keen cyclist, I very much welcome the new Highway Code and congratulate my noble friend and her colleagues in the department on producing it. It makes a very sensible adjustment in terms of the trade-off between pedestrians, cyclists and horse riders on the one hand and those driving cars and motor vehicles on the other. As such, it goes with the grain of the Government’s overall transport policy of promoting sustainable forms of transport. My only reservation, which has already been touched on, is not about the measures themselves but about the information vacuum that has been filled by some inaccurate press reporting, which I will come to in a moment.

Four years ago the Government committed to revising the Highway Code to improve safety for pedestrians and cyclists. Cycling UK, along with Living Streets and others, put forward proposals that were then refined by the snappily named Highway Code review stakeholder focus group. These went out to consultation, and what is before us basically reflects those proposals.

I welcome the principle that those using the roads in vehicles with a greater potential to endanger others have a greater responsibility to avoid doing so, which seems to me to be self-evident. I welcome the advice to cyclists to stay away from the edge of the road and from potholes and parked cars. This has actually been the advice given to cyclists for the past 16 years in the government-backed Bikeability training scheme, but it has only just made it into the Highway Code. It does not advise cyclists to pedal in the middle of the road or to ride two abreast all the time, but it does say that that can happen in certain situations when it is safer to do so.

On cycle lanes, which I welcome—indeed, I successfully campaigned for the first one in Hyde Park in the 1970s—perhaps cyclists should be encouraged to use them where we have them. I know that car users are irritated to find cyclists on the road when there is a parallel cycle lane. The relevant rule 140 says:

“Bear in mind that cyclists are not obliged to use cycle lanes or cycle tracks.”


Perhaps an additional few words could have been added, saying, “But they are strongly advised to do so, not least for their own safety.” Related to that, could my noble friend alert local authorities to the opportunity to redesign junctions crossed by cycle tracks, giving them priority over vehicles turning across them?

My concern, shared by others, is that so far there has been an inadequate public awareness campaign to publicise these changes. We have seen stories that drivers will be fined £1,000 for opening a door with the wrong hand, which simply are not true. I welcome the proposed factual awareness campaign. I would be grateful if my noble friend could perhaps concede that there could have been more publicity before the scheme came into effect—as happened, for example, with the publicity before the Covid regulations were passed, so there are precedents. Can she say a little more about the timing and the budget for phases 1 and 2 of the public awareness campaign?

Against that background, I very much welcome the new Highway Code.

--- Later in debate ---

Now it is up to the Government to set out exactly what those changes are. We have set out some myth-busting summaries of what is and is not changing. For example, we are not saying that cyclists should cycle down the middle of the lane. That is not what the rules will say; they say that you might consider it if it is safer to do so on quiet roads or approaching a junction. Ditto, the rules do not say you should cycle two-by-two down the road; they say you might consider doing so on quieter roads and if it is safe to do so, et cetera. Much of the Highway Code, noble Lords will be aware, is not prescriptive; it is not set in law at all. It is a code for using the road. The noble Baroness, Lady Randerson, said “What are we going to do about the police if they pull someone over on the basis of these new rules on Monday?”, but we have not changed the law, we have changed the code.

[Baroness McIntosh of Pickering (Con)]

Will my noble friend permit me to intervene? I think the concern is this. I was pinged with the press notice, for which I am very grateful, because I subscribe. I would just like to flag up these two sentences:

“Many of the rules in the code are legal requirements, and if you disobey these rules you’re committing a criminal offence. If you do not follow the other rules in the code, it can be used in evidence in court proceedings to establish liability.”


We are changing the law here, not the guidance.

[Baroness Vere of Norbiton (Con)]

That is exactly what I am trying to say. A “should” or “should not” that is in the code can be used. Going back to my noble friend Lord Attlee’s point about an HGV and a cyclist going around the corner and having an incident, whoever is at fault, the fact that they were going against the Highway Code would be a factor if it were ever to reach court. But this is not necessarily about the changes—

E-scooters

Baroness McIntosh of Pickering Excerpts

Thursday 20th January 2022 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I am delighted to follow my noble friend, who spoke so eloquently, and I congratulate my noble friend Lady Neville-Rolfe on securing this debate. Can the Minister confirm at the outset that, in fact, e-scooters are banned on public land unless they are part of the control trial? If they are part of the control trial, we are told by the Met Office—sorry, by the Metropolitan Police; the Met Office is for forecasting of a different kind—that e-scooters are classed as a motor vehicle under the Road Traffic Act 1988. Can she tell us how many driving licences for this motorised vehicle have been issued as part of the control trials, since their commencement?

In the Minister’s view, and that of the department, does she consider that perhaps those driving an e-scooter need to realise that they have to be over the age of 16, in possession of a driving licence, and should not be riding one without insurance cover, which would lead to a £100 fine? Can she tell us how many e-scooters have been confiscated that are privately owned but being driven on public land, and how many fines have been imposed? I am sure that my noble friend shares my concern at the statistics on the sheer volume of accidents provided in the Library note. Her own department, in November 2021, records 882 accidents involving e-scooters, with 173 involving other vehicles, and 931 casualties in accidents involving e-scooters, of which there were three deaths, all of whom were e-scooter drivers. In that, 253 were seriously injured, while 675 were slightly injured.

How are the Government going to respond to the recommendations of the Association of British Insurers, which sides with my noble friend Lady Neville-Rolfe? If there is going to be a regulatory framework for e-scooters, it said:

“We strongly oppose the implementation of any regulatory framework that could result in liabilities falling onto the Motor Insurers’ Bureau (MIB) and premium-paying motorists without a corresponding insurance requirement for these vehicles; or some form of contribution towards the MIB’s liabilities from users of”


e-scooters and related devices. Without such a recommendation being implemented, we will all have to pay extra insurance premiums to cover the third-party liability. Do the Government intend to ensure mandatory use of helmets for e-scooter users?

My noble friend told me in reply to a Question last year that the current framework is that a person can be fined up to £300, or get six points on their licence, or their e-scooters could be impounded. I end where I began by asking her to tell us who is responsible for enforcement, how many e-scooters have been seized and how many driving licences have been endorsed and fines have been issued? What expectation can we have of better enforcement in future?

Railway Timetables: Disruption

Baroness McIntosh of Pickering Excerpts

Thursday 13th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I just point the noble Baroness to the Williams-Shapps plan for rail. There is an enormous amount in there that will be beneficial to passengers in Yorkshire and beyond. We will be looking at ticketing, which is insanely complicated. Sometimes multi-leg ticketing is cheaper than a single leg and it is all slightly mad. Obviously, we will be very passenger-focused to make sure that the right services exist for people in Yorkshire and beyond.

[Baroness McIntosh of Pickering (Con)]

My Lords, can the Minister confirm that those drivers of trains on shunter routes are paid less than those on, for example, the east coast main line route and the west coast main line route? Is there any evidence of an exodus of these drivers to earn higher salaries as lorry drivers?

Global Traffic Scorecard: London

Baroness McIntosh of Pickering Excerpts

Wednesday 5th January 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

Again, that is a hugely complicated question, which probably goes beyond what I can answer today. The noble Lord is right; in terms of congestion and changes to commuting behaviour, the system has to adapt. That is why, in London, we have a very good integrated system, which comes under TfL and the responsibility of the Mayor of London. It is up to him to look at all the different modes that he has available, whether it is the Tube, overground, cycling or walking—all those different ways—to ensure that we get the maximum economic benefit for London. Only this morning, I spoke to the CEO of London First, and we discussed that in detail.

[Baroness McIntosh of Pickering (Con)]

My Lords—

[Lord West of Spithead (Lab)]

My Lords—

Integrated Rail Plan: Northern Powerhouse Area

Baroness McIntosh of Pickering Excerpts

Thursday 16th December 2021 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

I am grateful for the opportunity to speak at this point. I congratulate the noble Lord, Lord Berkeley, on introducing this short debate.

As a frequent user of the east coast main line services and to his lesser extent the trans-Pennine services, I am familiar with the difficulties, in particular with east-west connectivity, and I support many of the points that have been made this afternoon. I will just make a simple plea to the Minister and to her department. Many of the picturesque mill towns that are served by the east-west route are deserving of a completely new line. What was attractive about the Integrated Rail Plan was that it recognised the level of investment which was required. I regret that the subsequent document has now been downgraded, with plans looking only to deliver a combination of new track and upgrades to existing infrastructure, rather than an entirely new line. I realise that this is a blueprint—a first step along the way—but I hope that my noble friend will take the opportunity to revisit this as soon as she possibly can. That one simple step will open up and unlock the whole of the northern powerhouse economy, and I believe it is entirely in keeping with the government agenda to do so.

Electric Vehicles (Smart Charge Points) Regulations 2021

Baroness McIntosh of Pickering Excerpts

Monday 6th December 2021 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am grateful for the opportunity to speak briefly to my amendment to the Motion. I apologise that it was not put down when the regulations were debated in Grand Committee, so I will be as brief as I can. First, I welcome these regulations. My view is that they do not go far enough, but they are a very good start.

The key in my amendment to the Motion is that there needs to be more said and done to promote interoperability. Paragraph 7.6 of the Explanatory Memorandum states:

“This instrument makes clear that a charge point should not introduce a new barrier to switching by being designed to lose its smart functionality when its owner changes supplier.”


That is very good, but it does not go far enough. In the debate in Grand Committee, the noble Baroness, Lady Randerson, and my noble friend Lord Rosser made some excellent points about interoperability and the Minister gave some good answers, but my concern is that electric vehicle use will not take off until there is full interoperability of the system, which I shall come to, and full confidence among users that they will be able to use the electric power supply rather like people use petrol stations now—in other words, they can guarantee that when they go to a supply, they will be able to connect up and get some power.

I have a very small, but I think critical, example of my little village in Cornwall where the parish council has put in two charging points in the car park. This is very important when the nearest petrol station is about 15 miles away. A friend who has an electric car tried to use them but they have been out of order all summer, when everybody goes there. He wrote to the supplier to say that its machines did not work, and the answer was that there was a technical fault. He then discovered from the car park owner—the parish council—that the reason they did not work was that the supplier had not paid the parish council the very small amount of money that it was due to allow the charging points to be placed there. This could be all over the country.

It is a minor detail, but we need to have some comprehensive regulations which cover charging at home, and what is in these excellent regulations, rapid charging, minimum waiting times, sockets on lampposts, facilities for long and short journeys, from wherever you pick them up. The most important thing of all is that one plug and one socket fits all, not like mobile phones at the moment. Will the Minister be able to give some idea about when there will be a comprehensive plan to make electric power for vehicles fully interoperable and fully comprehensive? I am sure she will agree that when that happens it will all take off. I look forward to her comments.

[Baroness McIntosh of Pickering (Con)]

My noble friend will be aware that there are very few charging points across the north of England. There is also still a catastrophic power outage in parts of the north-east of England. Will she reassure the House this afternoon that there are absolutely no plans in the foreseeable future that any public service vehicles, such as buses, ambulances or fire engines, will switch to electric engines any time soon in the north-east of England?

[Baroness Randerson (LD)]

I add to the excellent comments already made that there is an overriding concern among EV owners about whether you are safely going to get to the end of your long journey. You have none of those concerns if you are in a petrol or diesel car; you know that you will be able to refill your car. If you are in an EV, not only do you have the uncertainty as to whether the charge point will fit or will work, you also have to stand out in the rain in the corner of a motorway services feeling insecure.

Railways: East Coast Main Line

Baroness McIntosh of Pickering Excerpts

Wednesday 3rd November 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government have invested £4 billion in the east coast main line and are planning to invest a further £1.2 billion in issues such as capacity at Stevenage, the King’s Cross track remodelling and the Werrington grade separation works. These upgrades will deliver better journey times, reliability and capacity improvements.

[Baroness McIntosh of Pickering (Con)]

My Lords, I declare that I am a regular user of LNER and congratulate it on its reliability and punctuality, apart from during weather difficulties. My noble friend recently reported that some of the additional capacity will go to the south-west of England, yet passengers and LNER have suffered two years of disruption from Network Rail improvements into King’s Cross, with the promise of extra capacity between London and the north of England on the east coast main line route. Will she give her word that this additional capacity will be delivered?

[Baroness Vere of Norbiton (Con)]

My Lords, throughout these timetable considerations, the Government need to balance the feedback we get from people and organisations with the journeys that passengers actually take; sometimes those two do not have a lot of connection. But my noble friend is quite right to note that the demand on LNER is coming back more strongly than in other cases. Of course we are taking that into account and, if needs be, we will make sure that the capacity improvements on the services she talks about are put in place.

HGV Drivers

Baroness McIntosh of Pickering Excerpts

Tuesday 26th October 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As I think I have tried to point out, the Government are extremely active in this area: 25 measures and counting in terms of making sure that we not only address the short-term issues but consider the medium and long-term solutions to this current shortage.

[Baroness McIntosh of Pickering (Con)]

My noble friend may not be aware that I am the honorary president of the UK Warehousing Association. It is deeply concerned about the shortage of forklift truck drivers, which is impacting once again on the supply chain. What can my noble friend do to work with the industry to try to resolve the situation in the run-up to Christmas so that we can empty the warehouses and get the supply chain moving as best we can?

Railways: East Coast Main Line

Baroness McIntosh of Pickering Excerpts

Thursday 15th July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con) [V]]

I am not entirely sure that the evidence supports the noble Lord’s last comment, but I accept that there are difficult trade-offs. Railway capacity is not expandable immediately, so one always has to work with the capacity available. We have spent £4 billion on upgrading the infrastructure and the rolling stock. We must make sure that we use that capacity to best effect. As I have already said, there would be a significant increase in revenues from these proposals.

[Baroness McIntosh of Pickering (Con)]

The LNER services southwards from Northallerton, my local station, and Darlington are being severely cut in the 2022 timetable. Darlington to Stockton was the first railway line in the country and very much serves the levelling-up programme. Effectively the Government own LNER, so please could they help to make sure that the effective service we currently have carries over to 2022?

[Baroness Vere of Norbiton (Con) [V]]

As my noble friend will know, there will be some service changes. She has outlined what they are, as have many other noble Lords. Other areas will see an increase in services. I reiterate that there is an opportunity to respond to the consultation. I know that my colleague in the department is pressing Network Rail, the train operating companies and our officials very hard to make sure we can retain as much regional connectivity as possible.

Lorry Drivers

Baroness McIntosh of Pickering Excerpts

Wednesday 7th July 2021 Lords Chamber

Asked by

[Baroness McIntosh of Pickering]

To ask Her Majesty’s Government what assessment they have made of the shortage of lorry drivers; and what steps they are taking to address the situation.

[Baroness McIntosh of Pickering (Con)]

I beg leave to ask the Question standing in my name on the Order Paper and refer to my interests on the register.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the Government hold regular meetings with the road haulage industry regarding driver shortages and the impact on supply chains. On 16 June, I hosted an industry round table, alongside the Employment Minister. We are supporting HGV driver training through apprenticeships and training for jobseekers, and encouraging drivers who need to renew their driver’s certificate of professional competence to return to the sector.

[Baroness McIntosh of Pickering (Con)]

I welcome the government action. Brexit and Covid combined have, in part, led to the crisis that we face, as well as the closure of test centres during the Covid pandemic last year, preventing training of new drivers. The industry is stepping up to the plate by agreeing to pay drivers more. Will the Government look very carefully at encouraging women drivers to take up lorry driving, and at adding HGV drivers to the UK skills shortage list, as well as trying to provide even more training, test centres and the reissuing of licences?

[Baroness Vere of Norbiton (Con)]

If my noble friend does not mind, I shall focus on the first of those questions. First, I welcome any more pay for professional drivers, because they do an outstanding job. I recognise what my noble friend says about diversity. It is a very white, male sector. There are huge opportunities for the sector to diversify and, when it comes up with plans to do so—for example, Logistics UK’s Year of Logistics, which I hope we will get under way soon—I will be very happy to support them.