Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019

Debate between Earl of Dundee and Baroness Sugg

Tuesday 12th February 2019 Lords Chamber

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

My Lords, this draft order will be made under the powers conferred by the Motor Vehicles (International Circulation) Act 1952 and is needed in all EU exit scenarios—thus differing from many of the SIs we have discussed—as the UK has ratified the 1968 Vienna Convention on Road Traffic. The order amends the Motor Vehicles (International Circulation) Order 1975, which sets out the powers of the Government to issue international driving permits—IDPs—to ensure that UK motorists can exercise their international legal right to drive overseas.

As I have said before, the best outcome for the UK is to leave the EU with a deal, and delivering a deal is the Government’s top priority. In the event of no deal, the Department for Transport is working to achieve an agreement on mutual recognition of driving licences with EU member states. If we do not have a deal that will be by far the preferred scenario but, as a responsible Government, we must make all reasonable plans to prepare for a no-deal scenario and prepare in case we do not achieve mutual recognition.

While UK nationals will not be required to purchase an IDP if we achieve those agreements, this amendment is still necessary as the Vienna conventions come into force on 28 March 2019, irrespective of whether a deal is reached. Therefore, the 1968-format IDP is still required to guarantee licences when driving in over 75 countries outside the EU.

The EU is a popular destination for UK licence holders. Millions of UK motorists drive to Europe every year using ferries or Eurotunnel, whether for business or leisure, and many UK holidaymakers want the option to hire cars while abroad. Although we are still in the process of negotiating with the EU, we are committed to minimising disruption to UK motorists following exit and the department has taken the appropriate measures to achieve this goal.

The 1968 Vienna convention facilitates international road traffic and increases road safety through consistent traffic rules. In preparation for exit day, the UK ratified the 1968 Vienna convention on 28 March 2018. This international agreement will come into force on 28 March 2019 regardless. Following exit day, this convention will guarantee the recognition of UK vehicles and driving licences in 23 EU member states, plus Norway and Switzerland, and over 70 other countries globally. The earlier 1926 and 1949 conventions also remain in place, guaranteeing UK licences in four EU member states—different member states have helpfully ratified different conventions—plus Iceland and over 40 countries globally, including Japan and the USA, if the motorist presents the supporting IDP with their driving licence.

The draft instrument we are considering is necessary so that the Motor Vehicles (International Circulation) Order 1975 continues to function correctly after exit day. This is needed to provide certainty for UK motorists driving in the EU following exit day in case of a no-deal scenario if mutual recognition of licences is not agreed.

This SI will amend provisions of the Motor Vehicles (International Circulation) Order 1975 to implement provisions of the 1968 convention. These amendments will extend the 1975 order to the 1968-format IDP, and the power to charge a fee for the issuing of IDPs will extend to IDPs issued under the 1968 convention, in addition to those issued under the earlier 1926 and 1949 conventions. The 1968-format IDP will cost £5.50 and will be valid for three years. This amendment therefore ensures that UK motorists can exercise their international legal rights to drive in the countries party to the 1968 convention. If passed, this statutory instrument will become the main legislation on IDP issuing.

The existing SI on IDP issuing is the International Driving Permit (Fees) (EU Exit) Regulations 2019. This temporary measure has been in place since 1 February 2019—it came as a negative SI—and was required to allow charging for the issuing of IDPs under the 1968 convention from 1 February. We brought that in so that people were able to apply before exit day for these IDPs, should they be needed. Once the international circulation amendment comes into force, a separate negative SI will be required to revoke the 2019 IDP fees regulations.

These amendments also provide for the recognition of a 1968 IDP issued to non-UK residents who are temporarily visiting the UK by another country which is party to the convention. While the UK has announced that we will continue to recognise both EU and non-EU driving licences for non-residents driving for up to 12 months in the UK, IDPs may help provide legitimacy if the licence is not printed in the Roman alphabet or is in a different language.

It is also important to stress that even though Ireland is a party to the 1949 convention, UK driving licence holders should not need an IDP to drive in Ireland from 28 March 2019. Ireland, like us, does not currently require IDPs from holders of driving licences from non-EU countries. This means that IDPs will not be required when driving between Ireland and Northern Ireland.

While we are still seeking agreements with member states on licence recognition and exchange, this SI will ensure that we can issue IDPs to provide certainty for UK motorists if they want to travel in the EU following exit day. IDPs have been issued for many years under previous international conventions, so while the concept may not be new, this SI will expand the number of countries that an IDP can be used in and will enable us to issue and charge for this document. The 1968-format IDP actually has a longer validity period and therefore reduces the frequency of reissuing. I beg to move.

[The Earl of Dundee (Con)]

My Lords, can my noble friend comment on a few points? First, the European Union general safety regulations are expected shortly, before the end of March. Can she reassure noble Lords that post Brexit these standards will be observed and matched by the United Kingdom? Secondly, regarding reciprocal arrangements affecting uninsured drivers after EU withdrawal—and not least if there should be no deal—what protection would there be for a driver insured in the United Kingdom who has a collision in France with an uninsured vehicle, for example? Thirdly, post Brexit the desired aim is to make it as simple as possible to get hold of and use an international driving licence. In response to questions in another place the Government have already undertaken to reduce unnecessary complications, in particular by seeing whether there can be an international driving permit app for mobile phones, thereby avoiding the inconvenience of paper copies. What progress has been made on this?