Drivers’ Hours and Tachographs (Amendment) Regulations 2020

Baroness Randerson Excerpts

Tuesday 26th January 2021 Grand Committee

[Baroness Randerson (LD) [V]]

My Lords, I endorse the comments of the noble Lord, Lord Berkeley, about enforcement now that we do not have such good access to international information on number plates. That is a particular issue because 85% of lorry drivers going across to mainland Europe are not UK-based, so enforcement is key.

I also endorse the noble Lord’s comments about conditions at the DVLA in Swansea. Will the Government ensure that there is a full investigation into why so many employees have caught the virus, and into employment practices that do not seem to be in line with government guidance?

The regulations are another example of the legislative contortions that we have got ourselves into by being outside both the EU and the single market, but at the same time wanting to mirror EU standards. I cite one sentence from paragraph 2.7 of the Explanatory Memorandum:

“Although the EU Exit Regulations will come into force on IP completion day”—


which, by the way, has passed—

“because the Mobility Package came into force after the EU Exit Regulations were made, the EU Exit Regulations do not remedy these deficiencies.”

A great deal of concentration was required to understand what the Explanatory Memorandum was trying to explain.

The desire to track EU regulations is very understandable—especially on logistics, where smooth liaison for drivers operating internationally is essential. The experience of the past few weeks has already revealed many problems with the day-to-day operation of Brexit that were overlooked by its advocates. One has to wonder whether the experts—the drivers and haulage companies—could have been engaged earlier to try to find solutions to these problems.

I wonder how we will keep this up in the long term. The EU has recently announced 82 transport policy and legislative proposals for the coming year—all part of its green deal. I know that the Government are anxious to make their mark on climate change issues, so I assume that the UK will want to at least keep pace with that. It will be extremely difficult to keep pace with changes in EU regulations in this field and in many others.

I have a question about tachographs. Paragraph 2.8 of the Explanatory Memorandum refers to clarifying the types of tachograph applicable in the UK. If a lorry is to be driven in the EU, will the tachograph have in future to conform to EU standards too? I tend to assume that it will, but I should like the Minister’s confirmation. What will be the situation for drivers in Northern Ireland?

Before Christmas, when lorries were queuing through Kent because of restrictions due to the outbreak of the new strain of Covid, the Government suspended the restrictions on drivers’ hours and required rest periods. Is the lifting of restrictions still in force? If so, why? Are the delays still significant enough to require this? I ask because, as the noble Lord, Lord Berkeley, said, drivers’ hours regulations are so important to road safety generally and the lifting of the rules was general and not specific to Kent.

Finally, do the Government have any plans to vary these rules? Recent news suggests that they intend to lower employment regulations and reduce standards. The example of tachographs and drivers’ hours is a classic case of regulations that benefit individual employees but are also of great importance to our safety and security generally.