Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2025

Earl Russell Excerpts

Monday 19th May 2025 Lords Chamber

Will the Minister take a look at regulations? If he can see, as I can, a space there, will he consider saying that if a company comes forward with a safe design for a cheap, low-range, low-speed and weatherproof electric passenger vehicle—for one driver and two passengers, or that sort of size—the Government will support changes of regulations which will make marketing that possible to see if someone will take advantage of that opportunity? Certainly, I would be a customer.

[Earl Russell (LD)]

My Lords, I will first turn to the regulations and then to the fatal amendment.

The Liberal Democrats broadly welcome these regulations, which represent a sensible step forward in facilitating our transition to zero-emission vehicles. Zero-emission vehicles, or ZEVs, such as those that are fully electric or hydrogen powered, are often heavier than our petrol or diesel equivalents. This additional weight is primarily due to the weight of the batteries. Since weight has been mentioned in this debate, I will just say that although electric vehicles are heavier than cars of the equivalent size, they are not heavier than the vans, buses, lorries or lots of other things that use our roads.

Previously, this extra weight could push these vehicles into higher driving licence categories, such as category C or C1, requiring drivers to undergo additional training, testing and, potentially, medical examinations and professional competency certificates. Regulations introduced in 2018 attempted to address this by allowing category B licence holders to drive alternatively fuelled vehicles weighing up to 4.25 tonnes but only under specific conditions: five hours of additional training, driving only to transport goods and no towing ability. These conditions, however, have proven to be an unnecessary barrier to the uptake of zero-emission vehicles, with the cost, time and training required being prohibitive for businesses.

These new regulations remove these previous conditions, allowing standard category B licence holders to drive ZEVs up to 4.25 tonnes without the additional five hours training or restriction on goods transport only. This will significantly reduce the regulatory and financial burden on businesses and individuals looking to switch to cleaner vehicles. This should be something that the Conservative Party welcomes—I understand that it is a party all about removing unnecessary regulations for business.

These regulations also allow the towing of a trailer, provided the combined weight does not exceed 7 tonnes, bringing ZEVs in line with petrol and diesel counterparts in this regard. Furthermore, important provisions are included to support drivers and passengers with disabilities, allowing ZEVs with specialist equipment to weigh up to 5 tonnes on a category B licence. This is very welcome and ensures equitable access to the benefits of these regulations. There is more to do in this space to ensure equal access in terms of the design placement of batteries, which inherently restrict disabled use and access to future autonomous vehicles by disabled people.

These Benches support the decisions to narrow the scope of this flexibility from alternatively fuelled vehicles to specifically zero-emission vehicles. While alternatively fuelled vehicles produce less CO₂ than petrol or diesel, they still produce emissions. Focusing these licence flexibilities solely on ZEVs aligns with the cross-party consensus and the Government’s commitment for all new cars and vans to be zero-emission by 2035 and our legally binding net-zero obligations. It rightly supports the cleanest vehicles.

However, as we have heard, concerns have been raised about the removal of the five-hour training requirement, which was previously considered necessary, requiring questions about potential impacts on road safety. While the Department for Transport assessed the risk of removing the conditions as very low, based on current, albeit limited data—the Minister mentioned very few cases—concerns have been raised that heavier vehicles could lead to more severe damaging collisions, particularly involving lighter vehicles, pedestrians and cyclists. Indeed, this was an issue that the Secondary Legislation Scrutiny Committee raised.

Against this, we note that these modern vehicles inherently have more safety features, including systems such as collision avoidance. I ask the Minister how the department will

“closely monitor incident data as it becomes available”.—[Official Report, Commons, 2/4/25; col. 375.]

I ask what specific matrix will be tracked and what thresholds could trigger “swift action” to protect the public if a concerning trend does emerge? What is the timeline for publishing the detailed safety guidance? What steps will be taken to actively disseminate it to drivers and businesses, particularly those who run electric fleet vehicles? I call on the Minister to commit to publishing a full and transparent review of all the safety data within two years and for that review to be made public.

Finally, the target for new EVs by 2035 is UK-wide. The Minister has mentioned this, but we have concerns about the fact that this does not extend to Northern Ireland. The Minister has been clear that this is something for the Northern Ireland Assembly. I wish to ensure that we have uniformity of regulations across the whole of the United Kingdom, so I encourage the Minister to continue those conversations with colleagues to make sure that we have the same regulations across our isles.

I turn to the fatal amendment proposed by the noble Lord, Lord Moylan.

[Lord Moylan (Con)]

It is not fatal.

[Earl Russell (LD)]

I apologise—the amendment. This seeks to broaden the scope of these regulations to include alternatively fuelled vehicles that are not zero-emission.

I question the perceived need for such a change, to be honest, and what benefits would flow were it to be passed. The Government’s policy, which we support, is rightly focused on promoting zero-emission vehicles in line with our climate targets. Diluting this focus to extend the weight uplift flexibility to vehicles that still produce CO₂ emissions would undermine the clear objectives of supporting the transition to the cleanest vehicles.

Furthermore, alternative fuel vehicles are not subject to the inherent weight disadvantages as they have no need for heavier battery packs, so are not caught out by the previous regulations. They do not have the same excess weight. Gas-powered vehicles such as vans are the main type of alternative fuel vehicles which were in scope of the old regulations but not in scope of the new ones. But, as the Minister has said, the Government’s impact assessment found that as of December last year there were only 28 of these vehicles on our roads in the whole of the UK. Presumably, those drivers have already undergone all their training needs.

The Government’s impact assessment also highlighted that manufacturers do not have provisions to manufacture great numbers more of these vehicles. Therefore, the Liberal Democrats will support the government regulations, but we call for a full safety review to be completed in the next two years. If the noble Lord, Lord Moylan, calls a Division, we will not support it—we will abstain.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I thank all noble Lords for their consideration of these draft regulations. Having listened closely to the concerns expressed, I will respond to the points raised.

The noble Lord, Lord Moylan, started with the state of the roads and potholes. I admire his brave actions in driving around the roads of Oxfordshire at the weekend. He says the Government are doing nothing about it. That is far from true. The Government announced a £1.6 billion investment in the state of the roads and remedying potholes only in April. Incidentally, the damage to the roads is an exponential function of vehicle weight. A heavy lorry does far more damage to a road surface than an electric car, or indeed one of these vehicles at 4.25 tonnes rather than 3.5 tonnes. The noble Lord noted that he accepts the principle of these regulations on safety grounds.

The message to synthetic and alternative fuel manufacturers is not that they do not matter—what they are doing is valuable. The noble Lord knows, and he quoted paragraph 5.6, that it reduces carbon emissions, but in the end does not eliminate them.

The noble Lord is—or his party and the previous Government were—committed to decarbonising transport. Earlier this afternoon my noble friend Lord Katz answered the noble Lord’s question with the quotation:

“I believe that the struggle for decarbonised transport, clean development and clean air is as important as the struggle for clean water was in the 19th century”.


They are the words of Grant Shapps, the former Conservative Transport Secretary, and were as apposite a response to the earlier question as they are now to this debate. Decarbonisation is really important and prioritising vehicles that have zero emissions is really important for this Government.

The noble Lord also referred to driving tests, and he is right that the position that this Government inherited was dreadful—there were many, many people waiting for them. I have already answered questions in this House about reducing waiting times and recruiting more instructors, but it will take time to do that because remedying this position is not immediate. The Government’s aim is to reduce waiting times to seven weeks by summer 2026, and we will achieve that.

The noble Viscount, Lord Goschen, referred to the effects of kinetic energy. He is right that mass matters in road accidents, but the Government have looked into this quite seriously and the available data suggests that 3.5 tonne to 4.25 tonne electric vehicles are no more likely than their 3.5 tonne petrol and diesel equivalents to be involved in collisions.

--- Later in debate ---

[Lord Moylan (Con)]

I am very grateful. That is something the Minister should respond to. I shall not comment further on it other than to say that it is a useful thing to know. But the BMW i3 is not £1,500; it costs a great deal more, and that is beyond the scope of the majority of people.

My noble friend Lord Goschen and the noble Earl, Lord Russell, made a point about road safety. The Government have given assurances on this. Although I am happy to accept those assurances for today, they will be held to them. We will expect those changes to be monitored for their road safety effects. The Minister has said that and we will hold him to it—it is a very important consideration.

Concerning the state of the roads, much has been made by the Minister and the noble Earl, Lord Russell, about the fact that a heavy goods vehicle is heavier than a car. I know that. Everybody knows a heavy goods vehicle is heavier than a car. It has the word “heavy” in its name. The key difference is that there are 33 million cars in this country. There are 500,000 heavy goods vehicles. The damage being done to our roads is not, as I said in my opening remarks, because of the occasional passage of a heavy goods vehicle down a lane in Oxfordshire. It is done by the relentless passage of heavier and heavier cars across those roads, which is not only leading to potholes but breaking up the base and creating a huge maintenance and restoration bill for our roads that will not, in my view, be properly addressed by £1.6 billion.

Lastly, and perhaps most importantly, the Government were given the opportunity to reject the notion that they were going to manipulate driving licences and the conditions on driving licences to achieve objectives related not to road safety or vehicles but to net-zero policy. That would open a door to further manipulation in the future, which could well be used to disadvantage—as the price of a BMW i3 already disadvantages—people on lower incomes. The Government took no opportunity to reject that. Indeed, the noble Earl, Lord Russell, on behalf of the Liberal Democrats, endorsed it and thought it was a very good idea. That is a cloud perhaps no larger than a man’s hand, but it will come back—

[Earl Russell (LD)]

I think there is confusion here. This regulation is fundamentally about removing restrictions, not placing them. I think the noble Lord is confused on this point.

[Lord Moylan (Con)]

Do I have to read out paragraph 5.6 of the Explanatory Memorandum again? I thought not. I think it is engraved in the minds of most noble Lords that the purpose of the differential lifting of these restrictions is to achieve our net-zero policies. I should not have to read out the whole of the paragraph, because the noble Earl, Lord Russell, read it out verbatim, as if it were part of his speech. In fact, this paragraph was cut and pasted into his speech, so why should I have to remind him? I think he is the one who is likely to be more confused. This is a very dangerous door the Government have opened, and it will cost them votes when people realise what they are doing.

In the meantime, with that remark, I beg leave to withdraw my amendment to the Government’s Motion.

Disruption at Heathrow

Earl Russell Excerpts

Tuesday 25th March 2025 Lords Chamber

[Earl Russell (LD)]

My Lords, I thank the Minister for the Statement and join him in paying tribute to the firefighters, all the emergency services and everyone who worked to extinguish a significant fire and return services to normal. This incident not only affected Heathrow but cut power to 63,000 homes, and 100 residents were evacuated.

The Minister is correct that this is an unprecedented incident. I welcome the intention to learn all and any lessons that arise from it and from the Heathrow internal inquiry and the NESO six-week initial investigation that have been announced. A single incident should not have been able to shut an airport. The mere fact that the cascade was not prevented offers us wider opportunities to ask serious questions about our preparedness, the resilience of our energy infrastructure and the urgent need to make new risk assessments with fresh minds.

The fire was the result of 25,000 litres of an oil-based cooling system overheating and catching fire at North Hyde substation. The significant fire required 70 fire- fighters to get it under control and resulted in a series of events that ultimately meant that more than 1,300 flights were cancelled, a further 670 flights impacted, and some 200,000 passengers suffered. We need to understand, at the point of ignition, what caused the fire. Are there flaws in substation design? Was this substation being overused, causing it to overheat? Why does it appear that there was no prior knowledge of the overheating while it was taking place? Could it be that something as simple as a few pounds spent on a remote temperature sensor could have alerted system operations to the problem and perhaps prevented the fire?

I welcome the involvement of the counterterrorism police, who have the skills to make rapid assessments of the causes. I note that in the last few hours the Metropolitan Police has confirmed that this incident is no longer being treated as a “potentially criminal matter”.

There is some confusion over the interpretation of events, and that concerns me. The Government and NESO say that while one of the main substations went offline, two alternatives remained available to provide the power required and additional reserve generation capacity at the airport gave some further limited capacity. Heathrow meanwhile argues that energy supply was insufficient to ensure the safe and secure ongoing operations and proceeded

“to reconfigure its internal electricity network”.

This meant, in effect, that every computer and safety system had to be turned off and on again. It is this act that caused the impacts. I ask the Minister: did Heathrow game plan and stress test the falling offline of the whole of this substation and, if so, what were the predicted impacts and consequences. If not, why not? When is the Heathrow inquiry expected to give initial findings? Will the NESO inquiry work with and have some access to the findings of the Heathrow inquiry? How will fundamental disagreements between the findings of the two inquiries, if they exist, be addressed? When will the Government respond to the National Infrastructure Commission’s report Developing Resilience Standards in UK Infrastructure?

To conclude, wider systemic and broader national risks to our national grid and critical energy infrastructure must be considered. Considering known terrorism-related attacks on other western countries’ energy infrastructure, including undersea cables, I call on the Government to undertake a full review, with the inclusion of the National Security Adviser, of our critical energy infrastructure—its susceptibility, resilience and levels of redundancy—including vital transport services and other services such as hospitals, key computer systems and telecommunications.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I share the sentiments expressed by the noble Lords who have just spoken about the firefighters and other emergency responders who went to the site of the substation fire when it first broke out and brought it under control. They are undoubtedly very brave and I agree with the noble Lord, Lord Moylan, that when they arrived it was not clear what they were facing, so they were all the braver for tackling it directly. I also share the thanks of the noble Lord, Lord Moylan, to the many workers at Heathrow Airport and, indeed, those who work for airlines, who not only had to work hard to get the airport back online but have dealt with the further disruption caused to flights, not only in Heathrow but across the globe.

I must express great sympathy for all those whose flights were delayed as a consequence of this incident. They are the passengers—the noble Lord, Lord Moylan, referred to them—and many people’s personal and business activities will have been delayed and disrupted due to this very extraordinary outage. I am happy to express sympathy for those people. I hope that, now, as Heathrow is returning to normal, their travels have resumed.

Both noble Lords referred to the two inquiries. My noble friend Lord Hunt, who is sitting beside me, is the Minister of State for Energy Security and Net Zero. He has commissioned the National Energy System Operator to investigate the power outage. That will deal with understanding wider lessons from the power outage. Noble Lords will know that Heathrow Airport Ltd, which owns and operates the airport, has asked Ruth Kelly, former Secretary of State for Transport and an independent member of its board, to undertake a review of its internal resilience. That review will analyse the robustness and execution of Heathrow’s crisis management plans, the airport’s response and how it recovered the operation. The first report, from NESO, will be made to the Energy Secretary, and the Secretary of State for Transport has asked to see a copy of the second report. Heathrow has agreed to that, and we will report back to the House in due course.

The noble Lord, Lord Moylan, asked whether I thought compensation was adequate and whether passengers needed an apology. They certainly need an apology. Everybody’s reasons for flying are different, but all of them expect to fly at the time on their ticket. Clearly, they deserve an apology, even though this was an extraordinary event. Do I think the compensation is adequate? The compensation for airline delays is set out, and it depends, in part, on which airline it is. Not only are people legally entitled to a choice between a refund within seven days or to be rerouted to their destination, including on flights operated by another airline, but they are entitled to care and support, such as refreshment or, if necessary, overnight accommodation, while waiting for a delayed or rerouted flight.

The questions about the reliability of the supply, security and the judgments that have to be made by the airport operator will undoubtedly be addressed by the two reviews that have been spoken about. Both noble Lords asked about timelines. We do not yet know what they are, but it would be better for both reviews to be thorough than it would for them to be quick. I know from some experience of this in different transport modes that, very often, you have to dig deeply to find out the root causes and understand what can be done. There is no doubt that the number of systems in a modern airport is huge, and they are very sophisticated. It will take some time to discover whether or not you can get them restarted any better.

The noble Lord, Lord Moylan, asked about the expansion plans for Heathrow—not merely the projected third runway but the expansion of terminals. There will of course be a relationship with this. We would expect Heathrow Airport Ltd to have resilience plans, which will scale up to whatever capacity the airport has. I would expect the Kelly review to look at how any expansion would be dealt with and whether or not expansion might make it easier to invest in such systems and resilience in order to obviate such a thing happening again.

The noble Earl, Lord Russell, is absolutely right to refer to the 63,000 people affected by the power outage. Many of them were not affected for long, but, nevertheless, even in the middle of the night there will be people who need power for various reasons, including medical reasons. Our sympathy goes to them as well.

On the confusion about capacity and the airport’s ability to recover, and the downtime when the power supply was cut off, we are expecting the two reviews to interact on this to a degree where there is no gap between them. There should be no question about whether they are comprehensive. I am sure that the Heathrow review will undoubtedly look at whether there was a game plan at Heathrow and at how much it has stress-tested its systems. I do not have anything further to say until the reviews have reported.

The noble Earl was completely right that the Metropolitan Police has recently reported that it does not believe this was a criminal act and is not pursuing that line of inquiry. I am sure that is a relief. I will look further at the government response to the National Infrastructure Commission report, and if I have anything to say I will write to the noble Earl about it.

Airport Expansion

Earl Russell Excerpts

Tuesday 25th February 2025 Lords Chamber

Asked by

[Earl Russell]

To ask His Majesty’s Government whether they intend to consult the Committee on Climate Change before taking decisions on airport expansion.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

The Government published their report on the Climate Change Committee’s latest progress report in December last year. The response makes it clear that we recognise the role for airport expansion where it provides economic growth and is compatible with our net-zero target and strict environmental standards. As part of the Airports National Policy Statement review, referred to by the Chancellor in her recent Statement, we will engage with stakeholders on how aviation expansion can be made consistent with our net-zero framework.

[Earl Russell (LD)]

This level of airport expansion is always going to be incompatible with our climate change commitments. It would undo all our work on climate change in under five years. When just 15% of the population is responsible for 70% of all flights, the Government must do more to curb demand. No economy in the world has grown from building runways alone. Meanwhile, in 2024, the green economy grew by 10%, adding £83 billion. Does the Minister agree that what is needed more than anything else are clear and consistent government policies on climate change and green growth, not this damaging policy confusion?

Pedal Cyclists: Insurance

Earl Russell Excerpts

Thursday 23rd May 2024 Lords Chamber

[Earl Russell (LD)]

My Lords, 7,000 bikes are stolen every year. Theft, particularly of expensive e-bikes, is out of control and often violent. Does the Minister welcome the clever tactics being used by the City of London Police of using bait cycles deliberately to get them stolen so that the criminal gangs and networks can be tracked, prosecuted and arrested? Will the Minister be encouraging these kinds of tactics to be used by other police forces?

[Lord Davies of Gower (Con)]

I am aware of the tactic, but I was not aware that it was something that the City of London Police was doing. If it catches villains who choose to steal bicycles, then it is a very good idea and to be encouraged.