Pedicabs (London) Bill [HL]

Lord Foster of Bath Excerpts

Monday 11th December 2023 Grand Committee

[Viscount Goschen (Con)]

My Lords, I speak only to pick up the point that my noble friend Lord Leigh made a moment ago on electric-powered or electric-assisted pedicabs. In his round-robin letter to those who spoke at Second Reading, the Minister was kind enough to refer to the concern that I raised then that, in essence, an e-bike type of power system within one of these vehicles has the potential to move it at a greater speed than if powered purely by foot.

I am concerned that the definition of “pedal cycle” in the Bill includes a “power-assisted pedal cycle”. We are all with the parliamentary draftsmen as far as that goes, but what about if the vehicle is not powered by pedals? What if they are disconnected? We see many electric bicycles—a well-known delivery company seems to specialise in them—powering around London at relatively high speed, which do not use the pedals all the time. There are ways to circumvent them, so that these vehicles can be operated purely by a throttle-type control to become, in essence, electric-powered vehicles and not pedal cycles.

My question to the Minister, therefore, is: do we need some more specific wording, because the Bill refers only to pedal cycles? What if there are no pedals? I think we all share the same consideration: there could well be a blurring between pedal cycles and electric-powered vehicles. When does a pedicab stop being a pedicab? That is my question.

[Lord Foster of Bath (LD)]

My Lords, I back up the call from the noble Lord, Lord Hunt, to try to persuade the Government to find a way to include e-bikes and e-scooters in the Bill. Like many of the pedicabs that we are dealing with, e-scooters and e-bikes are powered by lithium ion batteries which, incorrectly used, can cause huge damage. In fact, the number of fires that have taken place in London from lithium ion batteries powering light forms of mobility has been growing dramatically and, since 2020, has cost millions of pounds-worth of property damage, and caused many injuries and, tragically, the loss of 13 lives.

Incorrectly used, a lithium ion battery can develop a fire of over 600 degrees that is almost impossible to put out using any of the current known technology. We also know that it sends out huge amounts of really toxic gasses. So we need regulation around the lithium ion batteries that are used in all forms of light powered mobility, including pedicabs. I prepared a Private Member’s Bill that covered these issues, although it sadly did not come up in the ballot; I had enormous support on this issue from Electrical Safety First, which has worked on this for many years.

It is interesting to note that the London Fire Brigade said that it had had more fires up to the beginning of September than in the whole of the previous year—the number of fires is growing. Even more recently, on 11 September, a London coroner took the unusual step of calling for tougher legislation on e-bike batteries after the death of a father of two. We need action and this Bill provides an opportunity to do something about it.

I have raised these issues on a number of occasions. Several months ago, in June, I asked a Question in your Lordships’ House on the Government’s action. The noble Lord, Lord Offord of Garvel, who responded on that occasion, told me that his officials were

“proactively seeking the input and expertise of stakeholders”.—[Official Report, 27/6/23; col. 569.]

He also talked about work that was “under way”. However, much more recently, at the end of last month, I took part in a debate on light powered vehicles. The noble Lord, Lord Davies, responded to my points, particularly in the letter that he subsequently wrote to those who participated in the debate. In it, he drew our attention to annexe IV of EU Regulation 3/2014; incidentally, that was not at all helpful because it talks mainly about avoiding electric shocks from big electric cars—but never mind. The Minister went on to say:

“Fire prevention, fire detection and fire fighting in connection with electric vehicles is a developing area and the government reviews its guidance and regulations in step with the development of best practice”.


We seem to be going backwards: in June, I was told that work was under way but we are now told that guidance may come out in due course.

I hope that the Minister will take note of the concerns raised by the noble Lord, Lord Hunt, and recognise that he will not get new legislation in, but there is some here and he could use it as a vehicle for addressing these particular issues. I hope he does.

[Baroness Stowell of Beeston (Con)]

My Lords, as the Committee knows, I am supportive of this Bill because it brings in provision for the regulation of pedicabs. I will leave it to my noble friend the Minister to respond on why it is not possible to include e-scooters and e-bikes; I guess that it is probably because the Bill is called the Pedicabs (London) Bill and the Government would not be able to cover them in it. However, I share a lot of the concerns raised about e-scooters and e-bikes. Although I did not say anything in support of those who made these points at Second Reading, that was probably because this issue started getting raised after I spoke. I am pleased that we have pedicabs legislation, which has always been my focus.

I want to raise e-scooters with my noble friend. Because there has been no legislation, as has been pointed out, I am really alarmed that the Government are extending their trial of rental e-scooters for a further two years, to May 2026. What really concerns me about this—I have raised it on several occasions in different contexts and debates—is that, at the moment, it is illegal for private e-scooters to be on our roads outside those rental schemes. The longer this trial goes on, the more the take-up increases. I do not think I have ever seen anyone tackled. As I have said before in this Room, I have even witnessed somebody come on to the Parliamentary Estate on an e-scooter, past the policemen on the gate, and not be challenged at all. When I asked a police officer on the gate, “Why haven’t you stopped that person riding a vehicle that’s not permitted on the road?”, they shrugged their shoulders at me.

If this is to continue, something has to be done about enforcement around these vehicles. They cause so much distress to people, as has been described, and are dangerous because of the batteries used. It is not good enough for a lack of parliamentary time to be raised as an excuse when the use of them, in a legal fashion, is growing all the time.

--- Later in debate ---

[Baroness Stowell of Beeston (Con)]

My Lords, I have added my name to Amendments 17 and 18, in the names of the noble Baroness, Lady Randerson, and my noble friend Lord Blencathra, both of which relate to noise. I add that I am sympathetic to the noble Baroness’s Amendment 26 and the points she raised about cab ranks—I do not mean those to do with Hammersmith Bridge specifically. She makes an interesting argument about the provision for ranks for pedicabs.

As I said on the other group, I am grateful to my noble friend for his letter to all Peers. In Transport for London’s note, which was attached to his letter, it was encouraging to see that it proposes to introduce regulations that will cover, as part of the conduct of drivers, the playing of loud music and causing a disturbance. As I said at Second Reading, the loud music played and amplified by pedicabs is the greatest concern that gets raised by business owners and residents—the noble Baroness, Lady Randerson, is right about that.

I was a little concerned that, in the note TfL prepared, it suggests that some noise offences are already covered by existing legislation. When I read this, I thought that, in that case, either the existing laws are inadequate, or—to return to enforcement—the enforcement of them is not good enough. I acknowledge that, in his letter, my noble friend pointed out that Westminster City Council and the Metropolitan Police have issued penalty notices that have raised around £30,000 in fines over the last two years.

However, I am concerned that the focus on noise will be about night-time noise. It is not only at night that pedicabs and the playing of loud, amplified noise is a problem; it is a serious problem during the day as well. In my noble friend’s opening speech at Second Reading, he referred to the problem of

“blasting loud music at all hours of the night”.—[Official Report, 22/11/23; col. 768.]

In his closing remarks, he referred to the fines issued by the Metropolitan Police or Westminster City Council, saying specifically that these were for the playing of music “after 9 pm”.

One of the reasons I am keen to see noise added to the relevant clause in the Bill is that noise and the playing and loud amplification of music is the most significant concern that people have about pedicabs, as I said at Second Reading. I am also concerned to ensure that TfL will take an approach that ensures that the loud amplification of music will not be allowed at all hours, not just after 9 pm. I would be grateful for my noble friend’s response to that.

[Lord Foster of Bath (LD)]

My Lords, I will pursue some of the issues I raised in the debate on a previous group of amendments about the safety of the lithium ion batteries that power many pedicabs, including those that have loudspeakers to provide the noise we have just heard about.

Many noble Lords may not be aware that a fully charged lithium ion battery contains as much energy and potential energy as the equivalent of six hand grenades. If something goes wrong, it can lead to a thermal runaway, which can lead to temperatures reaching over 600 degrees centigrade, as I mentioned earlier. It can release toxic gases that can seriously damage a human’s lungs. The fires are very difficult to put out because they create their own oxygen, which means that special techniques have to be used.

Having said all that, a properly designed and constructed lithium ion battery is inherently pretty safe, unless people do stupid things with it, such as charging it with the wrong charging system, banging it and not being concerned about any damage that they might see, and so on. That is the problem. I do not want to say that lithium ion batteries are bad because, frankly, we desperately need them for many of the developments in transportation and other areas. It is therefore vital that we think about regulations for how we use them, to avoid those problems occurring. Although it is not covered in these amendments, I also hope consideration is given to how we dispose of them when they are no longer in use.

Mopeds, Motorcycles and Powered Light Vehicle Industry

Lord Foster of Bath Excerpts

Thursday 23rd November 2023 Grand Committee

[Lord Foster of Bath (LD)]

My Lords, I welcome the Minister to his new role and congratulate the noble Baroness on securing this debate. Like her, I am certainly not a petrolhead but should declare that I own a moped. I apologise that my contribution will be narrowly focused on the safety of powered light vehicles, echoing a point made by the noble Lord, Lord Berkeley.

Electrically powered micromobility, such as e-bikes and e-scooters, is increasingly popular as a greener, healthier and more economic form of transport. However, I entirely accept the point made by the noble Lord, Lord Moylan, that the categorisation system we now use is way out of date for what is happening in modern society. Last year, the e-bike market alone was worth £300 million and it is growing rapidly, but as demand for them increases, so too does the risk of battery fires.

Lithium-ion batteries store more energy than any other battery type, allowing longer use. Yet most people are totally unaware that a fully charged e-bike battery contains a similar amount of energy to six hand grenades and that they can be putting their lives at risk when charging them. If overheated, through damage, flawed design or using a substandard charger, lithium-ion batteries can create fierce fires—with temperatures over 600 degrees centigrade—that are not only difficult to extinguish but release toxic gas.

Helped by the charity Electrical Safety First, I entered this year’s Private Members’ Bill ballot with my “Safety of Electric Powered Micromobility Vehicles and Lithium Batteries” Bill. Sadly, I was unsuccessful, but I hope it will be taken up in the other place or perhaps by the Government, because fires from lithium-ion batteries in e-scooters and e-bikes have surged since 2020, with an estimated average of one every day this year. They have caused millions of pounds-worth of property damage and 48% of fires in waste facilities are from these batteries, also costing millions. They have caused more than 190 reported injuries and, tragically, 12 lives have been lost. I know the Government plan to consult on battery regulations—it would help if the Minister could update us on that—but, to save lives and property, a wider range of actions is urgently needed.

E-scooters, e-bikes and their batteries can currently be sold without independent safety checks, unlike other high-risk products such as fireworks. There are inadequate standards for charging systems and conversion kits for turning an ordinary bike into an e-bike, and no regulations on safe disposal of these batteries. The Bill I mentioned would rectify all these omissions. It includes requirements for pre-sale independent safety checks, regulations for safety standards for conversion kits and charging systems and regulations for the safe disposal of lithium batteries.

The Bill is ready to go. It offers a pragmatic, life-saving solution, first outlined in Electrical Safety First’s report Battery Breakdown. It is supported by fire and ambulance chiefs, insurance companies from AXA to Zurich, consumer groups, RoSPA and many others. To prevent further tragedies, we need the political will to tackle this issue head on. I hope the Minister will respond by saying that the Government will seriously consider taking up the proposed legislation and, if not, tell us what they will do about it.

Hauliers

Lord Foster of Bath Excerpts

Thursday 4th March 2021 Grand Committee

[Lord Foster of Bath (LD) [V]]

My Lords, much concern has been expressed about the post-Brexit problems faced by creative groups such as orchestras and theatre companies wishing to tour in Europe. In addition to the problems around work permits and other paperwork requirements, they also face, as the noble Lord, Lord Taylor, mentioned, transport problems. Prior to Brexit, such groups often visited several venues in multiple countries, with their own or rented specialist vehicles moving their instruments and equipment from venue to venue. But under the post-Brexit cabotage rules, this will no longer be possible unless UK creative groups stop using UK vehicles and rely on EU ones.

When, in January, I raised this with the Culture Minister, the noble Baroness, Lady Barran, assured me that colleagues in the Department for Transport were working hard to address these issues. So can the Minister tell us what has been achieved in the intervening time? Surely we should at least be able to get an exemption in cases such as this, where what leaves the UK in a lorry returns to the UK in the same lorry. Can she also tell us whether we should be additionally concerned now that the EU has shelved plans to ratify the trade deal with us because it no longer trusts us?

Road Safety

Lord Foster of Bath Excerpts

Tuesday 23rd July 2019 Lords Chamber

[Baroness Vere of Norbiton]

My noble friend has mentioned two of our key user groups for the road safety statement, the first being young road users. We will look at and research both a graduated learner scheme, which is the period up to when people pass their test, and then graduated driver licensing, which will consider driving at night and whether young users can carry passengers. We are also looking at eye tests, which would be free for older road users.

[Lord Foster of Bath (LD)]

My Lords, part of the remit of the Air Accidents Investigation Branch is to improve air safety by making use of lessons learned from air accident investigations. There are similar remits for bodies that deal with marine and rail accidents. Given the need to reduce road accidents, it seems odd that we have no national road accidents investigation branch. Given that many other countries do, can the Minister explain why we do not?

[Baroness Vere of Norbiton]

I thank the noble Lord for that question. Indeed, it was my pleasure to visit the AAIB last Friday and it truly is a world leader in air accident investigation. Turning to road accident investigation, there are many things that the Government are doing. For example, we have committed £480,000 to road collision investigation work which is being undertaken by the RAC Foundation. This will look at the causation of accidents, which has changed significantly in recent years, and it will provide insights on investigations but also interventions.

Transport (Investment)

Lord Foster of Bath Excerpts

Tuesday 26th October 2010 Commons Chamber

[Mr Hammond]

I assure the hon. Gentleman that all schemes will be objectively appraised and that I do not always take the word of my officials; I ask to see the underlying data and business case, and I shall continue to do so.

[Mr Don Foster (Bath) (LD)]

The Bath transportation package is now in the development grouping. Some aspects of the scheme are unacceptable to many people, including me, but I stress to the Secretary of State that modest Government support would deliver in Bath £2.5 billion of public investment, the largest brownfield development site outside London, 7,000 new jobs and 2,500 new homes. When he is judging what constitutes the best case for success, will he assure me that he will include the potential for economic growth?

[Mr Hammond]

Indeed I can. As I made clear in my statement, potential for economic growth is one of the key priorities in allocating funding. I am also aware that many schemes do not have 100% support for the currently proposed solution in the communities that they serve. Where there are ideas about how a scheme might be differently presented and how costs might be taken out in order to make a scheme more attractive and thus significantly more likely to secure funding, the Department will be interested to hear about them in the course of the process.