Rail Freight: Channel Tunnel
Lord German Excerpts(3 years, 2 months ago)
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Baroness Vere of Norbiton (Con)
This is a fascinating area and I thank my noble friend for raising it. We are developing a number of loading gauge enhancement projects to extend the strategic freight network of routes to offer the greatest flexibility for carrying intermodal shipping containers on standard wagons. We are working on the Great Western main line between Didcot and Bristol, on the Midland main line between Syston and Trent and, as I have mentioned, we are looking at alternative routes to the Channel Tunnel. Clearances for W10 and W12 will probably offer fairly poor value for money, so further development is more likely to consider W9A, which would allow containers on specialist wagons with lower decks.
Lord German (LD) [V]
Given that there are only nine months of grace, what progress have the UK Government made in securing a bilateral agreement to operate trains through to Calais-Fréthun, and what would be the impact on trade through the tunnel if the UK had to secure EU licensing in order to operate those trains?
Baroness Vere of Norbiton (Con)
We continue to work with the French Government on seeking arrangements for the longer term. This will include recognition of operator licences, safety certificates and train driver licences. We expect the impact of the longer-term arrangements on operators, when they are agreed, to be minimal.
Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020
Lord German Excerpts(3 years, 4 months ago)
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Lord German (LD)
My Lords, the main thrust of these regulations is to make changes to existing EU legislation on unmanned aircraft. They result from leaving the EU and, where references to bodies, organisations and powers have an EU context, they are to be replaced by a UK context.
In April, EU Regulation 2020/1058 made amendments to regulations 2019/947 and 2019/945, and it was passed by Parliament. Regulation 1058 has very detailed information within it on all sorts of measures, including conformity, badging and everything else. I am not certain whether those amendments have been carried forward into the regulations that we are debating. I would be grateful if the Minister could tell me whether the SI before us, which refers to the two earlier EU regulations, has included Regulation 2020/1058. In a mass of great detail, that regulation has put in place lots of information which goes behind those earlier regulations. Can the Minister confirm that?
Some aspects of the 2020 regulations do not now come into force until July 2021. We know that some do not come into play here fully until 2023. We have a start date of the last day of this year when the existing EU regulations come into force. We are being taken through those today, so I would like some clarity from the Minister on the precise timetable that is emerging from here as to when events happen as a result of these regulations and existing regulations. That information will very much be required by those who are manufacturers, sellers, importers or operators of drones from 1 January. That is just three weeks away and they need to know when to prepare and what to prepare for.
For those who need to register, the registration date is 31 December. Is that a start date by which registration becomes mandatory or is there a grace period? Over what period do we expect all registrations to take place? That goes back to the earlier question on a timetable. Are we fully prepared for that registration? Do we have staff trained in the considerable detail underpinning these regulations, including Regulation 2020/1058? For example, do they know which airspace is permissible for what categories of unmanned aircraft, what levels of registration are required, what categories drones fall into, and the distinction between uninvolved people and crowds? There is a lot there which we would expect staff to have been trained for.
Regulation 6 refers to designated standards. It provides direction and some description of what these standards are meant to achieve, and how, but at no point does it set a date when these designated standards are to be introduced. It is clearly welcome that there will be some time, otherwise people involved in manufacturing this equipment may not be given adequate notice and will not be prepared. Until that time, we are following the standards set out in EU regulations, but these technical standards are important, as they prescribe a large part of the protection that the people of this country need from failures in the products themselves, particularly as described in paragraph 2(a) and 2(b) of the new article in Regulation 6. This will have an impact on manufacturers and distributors of unmanned aircraft systems not only in construction and design terms, but in some of the safety aspects which arise.
Other noble Lords asked about insurance. I should be grateful to know whether this is required for those who operate and run these pieces of equipment.
I am also concerned about the definition of a toy. Clearly, if you can classify something as a toy, it rules out registration and the same level of regulation as for any of the other aspects. A toy is currently defined in European legislation as a device which could be attractive to a child. If we continue with that definition, it provides a great deal of freedom of use. The European Union suggests marking devices as being unsuitable and not for the use of children under 14 and thereby not a toy. Do the Government think this is sufficient? We have already seen what has happened to scooters—now a daily scene on our streets. They are definitely not toys, though many toy scooters exist.
On weddings, do we need to seek the written agreement of participants? This is part of the distinction between uninvolved people and crowds.
Finally, I turn to drone operator registration. Have the Government taken any steps to recognise the interoperability of registration between the UK and any other countries? This is a complex area in which technology has made rapid advances. In such an environment, the Government need to be fleet of foot and future-proof their legislation. For obvious reasons, these regulations do not touch on the speed of technological progress. I hope that the Government can keep ahead of the curve and make arrangements to introduce appropriate legislation at the right time.
Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020
Lord German Excerpts(3 years, 11 months ago)
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Lord German (LD)
My Lords, I will concentrate on two specific issues: revocation of the SI and the connected effect on the business of MoT test centres.
As it stands, the SI has an effect until 30 September 2021. There is no sunset clause, as explained in paragraph 14.2 of the Explanatory Memorandum. The explanation provided is that
“it is not appropriate to provide for a review of this instrument as it will cease to have effect after a short and fixed period of time.”
Paragraph 7.6 of the EM tells us that this instrument
“will be revoked if it no longer serves a useful purpose.”
I want to press the Minister to consider whether 18 months is a short period. Given all the shifts in the Government’s approach to the pandemic, as restrictions are lifted or amended, surely it would have been sensible to build in a different approach in Regulation 2(3). If, as we all hope, we can take steps to return to a sense of normal road activity by the end of the year, surely a review clause would be more appropriate. The alternative, as laid out in paragraph 14.1 of the Explanatory Memorandum, is a new instrument to be laid before Parliament. That process would itself extend the intention of revocation by a month or two.
The case for this review clause is strengthened by paragraph 7.4 of the EM, which informs us that the purpose of the instrument is to
“enable drivers to continue to travel for a purpose permitted by law, such as purchasing essential food and medicine”.
We are discussing an SI when the regulations on lawful driving have already been changed. In England people can now drive to places where they wish to exercise, such as beaches or the countryside, but I suggest that they do not come over the border into Wales because they could be fined under laws the Welsh Government have put in place.
The effect of these regulations in England is that people are now free to travel on the roads in their cars; it is just the purpose of their end destination that is defined. If changes proceed at this frequency, the case for a more flexible approach to revocation is strengthened.
Public safety needs to be maintained above all. In 2018-19, 10 million vehicles—nearly a third—failed the MoT test. Nearly one in 10 failed with a dangerous fault, the most serious grade in the three-tier MoT system. Of the 30.5 million MoT tests taken, 10 million cars failed, 2.8 million of those for dangerous faults.
The Explanatory Memorandum tells us that there is spare capacity in local MoT testing stations. Many are one-person operations, making social distancing possible. I urge the Minister to reflect on improving the revocation mechanism to ensure that we do not endanger the public with dangerous cars on our roads.