Lord Berkeley
Main Page: Lord Berkeley (Labour - Life peer)Transport: Accident Prevention
Lord Berkeley Excerpts
Lord Berkeley (Lab)
My Lords, I am grateful to the noble Earl, Lord Attlee, for initiating this debate because it is a terribly important subject. We have regular debates both in the House and in Grand Committee on the minor detail of the various bits of legislation under which people use the roads, and often Ministers say in their responses that basically it is all too difficult. All the legislation going back almost 100 years needs to be reviewed. That is not going to happen quickly, so let us get on with what we can do.
I declare an interest as a vice-president of the Cyclists’ Touring Club. Like everyone else, the club is very interested in this subject. I suppose we should start with the problem, which is that lorries and cyclists do not mix, and we are trying to find solutions to that. I want to talk about a number of those. The most obvious one is more space. We have a lot to learn from some continental cities, not only in terms of the space that has been provided for whatever reason—demand from cyclists, political will or whatever—but in the design of our cities. We are making progress here. The Mayor of London is going ahead with the east-west highway, which is a segregated route. I think it is absolutely wonderful and have welcomed it for a long time. If we cannot have segregation—and cyclists feel much happier if they are properly segregated—then we need space with suitable white lines that are not transgressed by other vehicles. There are particular problems at junctions, as we have seen in London. It is very easy just to talk about London, but the problems are just as bad in other cities. In fact, there may be fewer people cycling in other cities, but there are also fewer facilities. Certainly, when I go to some other cities with my bike, I sometimes feel a lot more frightened than I do in London.
Another issue of course is the trucks. We are focusing in particular on construction industry trucks, which is the right thing to do; but we must not forget the logistics industry. I declare an interest as chairman of the Rail Freight Group, so I get involved in quite a lot of it. Big lorries in the middle of towns are necessary for delivering freight, unless there is some kind of logistics transfer point at the edges at which the freight can be transferred into smaller vehicles. In some places it is proposed that freight is taken round by smaller vans, or bicycles. Obviously, this cannot be done for construction traffic.
Here we come to the issue of enforcement, which the noble Earl, Lord Attlee, mentioned. First, it is a pity that more people do not obey the law. Cyclists have been infamous for going through red lights, sadly. It is good that the trend is reducing in London, perhaps because there are more cyclists; perhaps it is due to peer pressure. I am pleased that PCSOs have now been allowed to stop cyclists—I have seen them doing it and have talked to them—if they go through a red light or the stop lines. It is ironic that they are not allowed to fine vehicle drivers in the way that they can fine cyclists for doing it, because it is a different regulation. What is good for cyclists surely should be good for vehicles. I have seen PCSOs talk to car drivers and it is obvious that some of them would like to have these other powers.
Another issue is the reduction in traffic police. CTC has produced figures that show that the number of road traffic police has reduced to a third of what it was in 2005. That is a very major reduction in enforcement and I suspect that many road users probably reckon that they can get away with more than they could then. There is a strong argument for having a separate traffic police force, though that is probably a slightly separate argument.
On enforcement, there is a further example of a man who ran over and killed a cyclist in 2009. He had been disqualified from driving as a teenager; he was breathalysed when the accident occurred; and he was also talking on his mobile phone. One of the possible solutions to this issue came up when we were debating the then Infrastructure Bill. The noble Earl, Lord Attlee, mentioned it briefly—namely, the question of why we do not use the Health and Safety at Work etc. Act and RIDDOR in the roads sector. I put down an amendment to that Bill suggesting that since the Office of Rail Regulation was going to be responsible for monitoring the costs of the new strategic highways company, as it does for the railways—it should also be able to enforce cost reductions, as it is required to for the railways, which is another subject—it should be responsible for road safety, as it is for the railways. Let us not forget that 2,000 people are killed on the roads in this country every year and one on the railways.
It comes back to the Health and Safety at Work etc. Act: people should be responsible for their own actions. If these people are employed—as in the example I have just given of the accident in London—why is nobody taking action against the companies that employ them? They are not doing what they should be doing to ensure that their employees are behaving and complying with the law. There is an awful lot more that could be done there. It is a massive subject but if you think about everybody driving—whether pedestrians and cyclists come into it, we can debate—being responsible for your own safety as far as is reasonably practical would make many road users think twice before doing some of the very stupid things that they do at the moment.
I will say one last thing about the technology. The noble Earl, Lord Attlee, mentioned the idea of fitting transponders or something to cyclists. It sounds attractive in the first instance but there are questions to be asked, such as, if they did not work, who would be guilty? Would there be too much information in the cab for the driver of the lorry to be able to appreciate it all? Would it be a defence, if the cyclist did not have one of these transponders, that it would be all right to run him over? That is a bit of an extreme example. I hope that the Minister will tell us a bit more about what research the Government are doing to look into all these things, finding out what is going on on the continent and elsewhere, because something needs to be done but I think it would probably be better if it was led by the Government as a major contribution to safety. Then we would be able to move forward on all the various other issues that, as the noble Earl, Lord Attlee, suggested, could reduce the number of cyclists killed in this country—not just London—to zero.
Lord Popat (Con)
My Lords, I welcome the opportunity to respond to this Question for Short Debate on technologies for reducing the number of collisions between heavy goods vehicles and cyclists. It is a privilege, admittedly a daunting one, to respond to my noble friend Lord Attlee. When I became a Whip, he was the lead spokesman for transport matters in this House, and was kind enough to mentor me in these matters. He not only speaks with great passion and knowledge on these matters but upholds the finest traditions of this House when doing so.
Moving to the matter in question, I would like to assure your Lordships’ House that the Government are fully committed to creating a safe environment for all road users. As I will set out, advancements in technology will play a vital role in this. All of us who use a car know how much technology is advancing, and improving both the driving experience and safety—and the same is true for HGVs. However, it is not just about technology. Everyone has a part to play: central and local government, manufacturers of technology, the police and of course road users themselves. This is an important matter, as can be seen from the four tragic fatal collisions to cyclists involving heavy goods vehicles already this year in London.
Britain’s roads are among the safest in Europe, but we cannot be complacent: we can and will do more. Following the successes of our Olympic team, cycling has become increasingly popular, and we wish to build on that excellence. Cycling can contribute to keeping you healthy and we want to encourage more people to get on their bikes. The first step is ensuring that they feel that it is safe to do so. The Construction Logistics and Cycle Safety event last week at the ExCeL centre, attended by my noble friend Lord Attlee, gave 200 delegates the opportunity to view 10 new HGVs fitted with the latest technologies to detect cyclists.
Some of these technologies, such as “tag and beacon”, can be fitted to bicycles and would alert the driver of an HGV of their presence. However, there is a risk either that this may provide a false sense of security for both the cyclist and the driver—as neither of them can rely on the other having the equipment—or that the driver suffers from overload because of repeated warnings. The existing sensor-detection technologies are not connected to the vehicle controls. The combination of the detection time, the reaction time of the driver and the operating time of the braking system means that a cyclist moving at moderate speed could have travelled the length of the HGV after being detected, which makes it very difficult for the driver to avoid a collision.
I turn to other matters. I can report that the Government have secured improved requirements in the United Nations Economic Commission for Europe regulations for mirrors on the passenger side of vehicles, which will mean that drivers have a better view of the area adjacent to the cab, and should improve safety for cyclists. The European Union has now mandated these improved mirror requirements for new HGVs registered after 30 June 2015.
Department for Transport officials are continuing to work in the UNECE to develop the technical requirements for camera monitoring systems that replace existing mirrors and enable the driver to have a better view of other road users. Although we cannot be certain how quickly these discussions will progress, it is possible that such systems could be on new HGVs by 2017.
The noble Baroness, Lady Grey-Thompson, and my noble friend Lady Ludford mentioned side guards. Since 29 October 2014, most new HGVs have had to comply with revised European rules on side guards which permit fewer exemptions than the current domestic legislation. Changes to domestic legislation are also being prepared for consultation which will reduce the number of exemptions for existing vehicles. More vehicles will be fitted with side guards.
The noble Baroness also asked about the Cycle City Ambition and whether such cities should follow some of the initiatives that Transport for London has undertaken. These decisions are a matter for individual local authorities. However, I am sure that many cities—not just the eight mentioned—see the work done in London as a benchmark for which to aim.
The Government, along with European Union member states, have developed the proposal to amend the general circulation directive, in particular to allow extra length for HGVs in order to enable more aerodynamic and safer cab designs. These negotiations were successful and formal approval will follow shortly. Officials are continuing to work closely with the European Commission and other member states to ensure that type approval legislation is amended quickly, so that the benefits of these improved designs are on the road as soon as possible.
The noble Lord, Lord Berkeley, asked what research the Government are doing on this. The Department for Transport is working with the Society of Motor Manufacturers and Traders, Transport for London and other stakeholders on HGV safety, including manufacturers of sensor technologies. As part of this, Transport for London has contracted the Transport Research Laboratory to test a range of products to identify ones that may provide an improvement in safety. Although all vehicles meet minimum safety standards, hauliers can fix additional equipment if this would be beneficial for their specific operations.
I mentioned earlier the role of local authorities. They have the flexibility to introduce 20 miles per hour speed limits in residential areas, which could have a significant effect on cyclist safety. The Secretary of State issued two special authorisations on traffic signing in 2011 to enable all English local authorities to provide Trixi mirrors at road junctions to make cyclists more visible to drivers and “no entry except cycles” signing, which can facilitate overflow cycling.
I am pleased that a number of initiatives have emerged on the role that hauliers have in improving safety. These include the construction-industry-led CLOCS initiative and the Fleet Operator Recognition Scheme, which encourages good practice for road freight operators. They are now both supported by more than 3,000 operators nationally. The CLOCS standard is being used in major transport construction projects in London and across the UK, including Crossrail and Network Rail, and it is intended for HS2. The Department for Transport has also been providing advice to road users through the THINK! campaign, with the most recent launched on 2 March.
Compliance rates with legal requirements for HGVs in use have been nearly constant nationally over the last few years. For the construction and waste sectors, an interagency HGV taskforce has been in operation in London over the last 17 months. It involves the Driver and Vehicle Standards Agency and police to carry out highly targeted enforcement to crack down on non-compliant and unsafe HGVs. For the benefit of the noble Lord, Lord Berkeley, I can say that, in its first year or so, the 16 officers from the DVSA and the police have made about 4,000 highly targeted stops, issued about 2,000 roadworthiness prohibitions and more than 1,000 fixed penalty notices, detected 1,500 drivers’ hours offences and seized nearly 50 vehicles. Furthermore, enforcement officers report better load security on scaffolders’ HGVs.
The noble Lord, Lord Rosser, mentioned a report, the draft Cycling Delivery Plan, which was heavily discussed and debated in the other House. It was published on 16 October 2014 for informal consultation. It includes action on justice, sentencing and cycle-proofing to ensure that cyclists are considered at the design stage of new and improved road infrastructure, which in turn benefits pedestrians too. Responses are currently being analysed and should be published shortly.
The DfT continues to monitor the number and rate of all road casualties, including cyclists killed or injured in incidents involving HGVs. This evidence base will be used to assess progress in improving road safety.
My noble friend Lord Attlee raised the issue of the HSE and being interviewed under police caution. It has been the rule ever since the HSE was set up that it does not duplicate the work of other enforcement bodies. The police are responsible for road traffic legislation, but the HSE works with the police on cases where unsafe working practices appear to be implicated in a road traffic incident, and employers can be, and have been, prosecuted by the HSE following incidents on the road.
My noble friend Lord Attlee mentioned that some TfL staff, including highways engineers, had been interviewed under caution by the police. I have been advised that this was as part of a corporate manslaughter investigation. In these circumstances, it is appropriate that people are interviewed under caution so that they have all the legal rights and safeguards that that process brings, including having a solicitor present.
I hope that noble Lords can see that this issue is complex and that there is no single solution that will provide the outcome that we are all seeking: to stop these terrible collisions. I trust that this has sought to clarify the actions that the Government have taken and the areas where we will continue to focus our efforts in collaboration with other cycling interests.
Lord Berkeley
Could the Minister possibly write to noble Lords on some of the questions that he has not had time to answer, including, for example, whether there is a specification from the department about the near-side equipment that we have all been debating, and also how many convictions there have been for employers whose vehicles and things have contravened the legislation that we have been discussing?
Lord Popat
As time is a limiting factor I cannot answer all the questions now, but I am happy to write to noble Lords, and I will go through the Hansard report.
This is a very serious issue. There is cross-party agreement that we are very concerned about the incidents happening. Week after week we hear of injuries because of cycling and we want to minimise them. If we can bring them to zero that would obviously be much better. I am glad that my noble friend Lord Attlee raised the very important issue of whether technology can help to reduce the numbers. It is a tragedy when any cyclist dies and my heart goes out to all the families who have had to cope with such terrible circumstances. This Government will not be satisfied until our roads are safe for all users—more especially cyclists. I hope that advancing technologies can help to make this a reality.