Haulage Permits and Trailer Registration Bill [ Lords ] (First sitting)
Debate between Sarah Champion and Jesse NormanTuesday 22nd May 2018
(6 years, 6 months ago)
Public Bill CommitteesRead Full debate Haulage Permits and Trailer Registration Act 2018 View all Haulage Permits and Trailer Registration Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 22 May 2018 - (22 May 2018)
Jesse Norman
As I have said, the purpose of the Bill is to put in place a framework of permits, which will continue irrespective of any specific outcome with the EU. We aim to put it in place by the end of the year. We are moving with a certain amount of speed, but in no sense hastily. We have already had widespread consultation with the industry and other stakeholders. There has been quite a high degree of cross-party support, and I was pleased that the Labour Party and the SNP did not oppose the Bill on Second Reading. We have been happy to take late-tabled Opposition amendments to respect the desire to get everything in place.
That goes to the point raised by the hon. Member for Rotherham: there is no sense of undue haste, but we seek to put the framework in place. That means that regulations will need to be laid later this year, following the consultation that is in progress. This is a careful process of putting in place regulations that we will be able to use for the longer term.
The consultation includes draft regulations so that respondents can see what we propose. In addition, we have provided policy scoping documents that outline how we intend to operate a permit scheme, and they are available in the House Library. Those documents and the response to the consultation will set out the details of what the regulations laid before the House will achieve, and what their impact will be. A further report on what future regulations will cover would provide no further benefit to Members.
I am sure that the hon. Member for Kilmarnock and Loudoun will welcome the fact that in the other place, the Government added clause 9 to the Bill to honour an undertaking given by my noble colleague, Baroness Sugg. The clause will provide Parliament with a report for any relevant year on the impacts of a limited permit arrangement with the EU, should that be the outcome.
Sarah Champion
I am grateful to the Minister for giving way and for the spirit in which he is approaching the Bill. I am grateful for the new clauses that have been introduced—he is clearly listening. However, I find it odd that we are doing all this before the consultation is closed. If the responses to the consultation show that there is real opposition to some of the things that we are now putting in the Bill, what provisions has he made to deal with that? What opportunity do we have to get the best regulations and legislation?
Jesse Norman
Three and a half tonnes is a standard weight in international haulage. There are virtually no non-commercial trailers above that level. Since there is enforcement against commercial trailers, it makes sense to exempt a smaller number of commercial trailers, and that is what the Bill does.
The risk of enforcement action against non-commercial trailers is minimal. While the convention allows for enforcement action against all trailers that weigh more than 750 kg, all previous reported enforcement action has been directed towards large commercial trailers. We have no evidence of countries taking enforcement action against unregistered foreign caravans and horse trailers. The small risk of enforcement action against common non-commercial trailers does not justify mandatory registration, but the keepers of such trailers may register them voluntarily if they wish.
Sarah Champion
I apologise, but I think the lack of clarity is catching. [Interruption.] I know—it is spreading like wildfire. I understand that the Minister is seeking to ensure we have parity with international colleagues to reduce the risk of British trailers that go abroad being in violation and vice versa, but I thought the Bill was also about making our roads safer. He is talking about parity with the EU in trailer registration, with us not running risks overseas, but I do not understand where his consideration is on safety on our roads. Will he speak to that?
I also do not understand why “commercial” relates only to weight. We could define the commercial use of a trailer. For example, I think of someone doing roadworks towing a little trailer with a big, heavy road roller on it, and if that were to come loose we would be in real trouble—it would take out a family, not just a small building. Why is the Minister focusing only on weight in the definition of commercial? Will he confirm that the regulations are also about making our roads safer?
Jesse Norman
The regulations are focused in particular on the movement of trailers overseas. If there are collateral effects in improving our road safety, that is all to the good. Thanks to interventions and amendments that have already been made, we have strengthened aspects of the measure, but the Bill’s central focus is to address the registration of trailers going overseas.
Jesse Norman
I am grateful to my right hon. Friend for his comment. Of course, he is right.
Jesse Norman
Why not let me speak to the point, then the hon. Lady can come back to me?
Haulage Permits and Trailer Registration Bill [Lords] (Second sitting)
Debate between Sarah Champion and Jesse NormanTuesday 22nd May 2018
(6 years, 6 months ago)
Public Bill CommitteesRead Full debate Haulage Permits and Trailer Registration Act 2018 View all Haulage Permits and Trailer Registration Act 2018 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 22 May 2018 - (22 May 2018)
Jesse Norman
It is a delight to see you in the Chair, Mr Robertson. As colleagues across the Committee will be aware, trailer safety has rightly been discussed in some depth, both throughout debate in the other place and on Second Reading in this place. It is an issue with which I have personally been engaged throughout my time as a Minister. It has been a great pleasure to work with the hon. Member for Bristol South, and I am delighted to see her here today. Many members of the Committee will be familiar with her work on trailer safety.
Before we consider the amendments, it is worth outlining the facts that brought the hon. Lady to the subject. In January 2014, young Freddie Hussey was killed by a runaway trailer as he and his mother, Donna Hussey, walked to their home in the hon. Lady’s constituency, and since her election to Parliament she has worked indefatigably with the family in their campaign to improve trailer safety. In April, I attended the latest in a series of trailer safety summits arranged by the hon. Lady. The event brought together a range of stakeholders in the trailer and towing sector to discuss how safety can be improved. Freddie’s parents, Donna and Scott Hussey, also spoke of their own experience and their subsequent campaign to improve trailer safety, and it was a great honour for me to have a chance to discuss these issues directly with them.
As the Committee will be aware, the Department and its agencies have undertaken significant work as part of our continuing commitment to improve towing safety standards since the tragedy. Highways England leads the national towing working group, which brings together a range of towing stakeholders to address the issue. The Driver and Vehicle Standards Agency reviewed and published further guidance on safe towing practices alongside launching the “Tow Safe for Freddie” campaign. A large number of existing measures deal with the safety and roadworthiness of trailers, and we continue to review them. Like motor vehicles, almost all trailers must now be approved before they may enter service. That may be undertaken at the level of manufacturer and model, or on an individual basis for bespoke or custom-build units.
There is an annual roadworthiness examination that applies to larger trailers with a gross weight of more than 3.5 tonnes and trailers in a number of other categories. Under that regime, about 250,000 trailers are tested every year. I am pleased to say that the units exhibit high standards with a pass rate at first test of almost 90%, but—it is important to say “but”—as has been noted, the regime applies overwhelmingly to commercial trailers, with a minimal number of non-commercial trailers falling within its scope. As the hon. Member for Bristol South noted, about 1.4 million trailers fall outside the current testing regime despite weighing more than the vehicles they are towed by, which do require an MOT.
On Second Reading, the hon. Lady asked how our report will be undertaken, and I would like to provide some clarity today. The report will draw on existing data, but we are looking at what else may be included to inform a full and proper consideration. Members will understand that when producing such reports, it is crucial that we are able to speak with authority and make recommendations that are informed by data. The Department for Transport has a worldwide reputation for the quality and comprehensive nature of its work in data collection and use. I would like to reassure Members about an issue raised on Second Reading by saying that the data used in the current reporting systems is comprehensive and world-leading. It informs the Department’s work on road safety and is reviewed regularly.
The reporting form used to capture information on accidents contains many different data categories, allowing us to understand and identify trends in road traffic collisions. It provides details about the roads, vehicles and persons involved, as well as any injuries that occurred. Reporting systems continue to be refined to improve the depth of the data that informs departmental assessments. I am happy to share the contents of the reporting form with Members, if they would find it useful.
The hon. Lady is right to point to the under-reporting of accidents. Levels of under-reporting appear to be fairly consistent, which is a challenge to overcome, as I hope Members understand. The wholesale development of new reporting systems to collate new data would require several years’ work and is not achievable in the timeline of this legislation. It is crucial that the reports are based on validated and verified data to assess the issue, so the STATS19 accident data will inevitably form an integral component of the report we undertake. The report will, however, provide the starting point from which we can consider whether significant changes are necessary to how we report on trailer safety. Due attention will be paid to the challenge of under-reporting of accidents and we will consider what other types of data we may be able to obtain to inform our recommendations beyond that contained within STATS19. Working with stakeholders in the sector may well comprise an element of this undertaking.
The debate on these issues has been valuable and I thank both Members and peers for their thoughtful and considered contributions. As Members will be aware, on Report in the Lords, Baroness Sugg confirmed my intention to undertake a report on trailer safety, and the continuing discussion, both in the House and with stakeholders at the trailer safety summit, reaffirmed this commitment.
The Government amendments before the Committee today are intended to ensure that we can deliver fully the intent of the amendments made in the other place. That will be achieved in a manner that reflects the extent of our devolution arrangements. Should the safety report recommend that periodic testing is extended to cover all trailers weighing over 750 kg, that may be achieved through an extension of the existing safety regime. The proposed amendments replace the amendments tabled on Report in the Lords and comprise two additional clauses within part 2 of the Bill. Both amendments include in full the recommendations peers sought on the issues of trailer registration and trailer testing.
The provisions in new clause 1 on trailer safety will replace those proposed in the Lords. The new clause details the report to be undertaken and states that it must be published within one year of the legislation coming into force. The report will cover the number and causes of road accidents that involved trailers and caused injury or death to any person involved. The data contained in the report is not restricted to those points, but will contain that as a key thrust of the considerations. The report will cover recommendations sought by peers on whether regulations should provide for an extension of compulsory registration and testing requirements to apply to all trailers weighing over 750 kg.
The reporting period will cover a continuous period of at least 12 months and end no earlier than 18 months before the provision comes into force. That will allow the Department for Transport time to validate and fully consider the substantial body of data that will underpin the recommendations in the report. “Reported Road Casualties GB” is published each autumn, and we anticipate that the proposed timeline will allow us to draw on, at a minimum, the release later this year.
Sarah Champion (Rotherham) (Lab)
I am listening with interest to the Minister. Does he plan to capture data about trailers weighing more than 750 kg? There is potential in the legislation to make registration of trailers weighing more than 750 kg compulsory, if that is substantiated by the data.
Jesse Norman
As I said, the report will make recommendations on whether regulations should provide for an extension of compulsory registration and for testing requirements to apply to all trailers weighing more than 750 kg.
Amendment (a), tabled by the hon. Member for Bristol South, further proposes that the report will consider the
“levels of compliance with existing provisions relating to the construction, condition or safety of all trailers.”
A great deal of data is already recorded for those trailers that are subject to an annual test and checked at the roadside by the DVSA. The information may well prove valuable in the assessment of the safety of trailers generally, although hon. Members will be aware that it will not cover data for the great number of trailers to which the hon. Lady refers, which are not currently subject to the regular testing requirements. Nevertheless, a consideration of the compliance with those provisions will contribute to the report.
With a trailer population outside the annual test regime in excess of 1.4 million, each weighing between 750 kg and 3.5 tonnes, it is difficult to gather a robust data sample for those trailers to inform the consideration in the report. While the Department will consider which data sources we may draw on to inform any judgments on the standards of roadworthiness of light trailers generally, there is a need to be proportionate in how we gather data in the context of a wider enforcement strategy.
Larger trailers are the focus of existing enforcement, because they have long been recognised to pose the biggest risk. I hope that the hon. Member for Bristol South will appreciate that our position at the moment is that the amendment should not be made. The Department is keen that the report should be beneficial and will examine which additional sources of data we may draw on to inform a full consideration of trailer safety and compliance with both existing provisions and any new provisions that may arise from the report.
Regarding amendments (aa), (b) and (c) to new clause 1, tow bar safety was raised on Second Reading by the hon. Member for Rotherham, and it is certainly an important issue when considering trailer safety. She spoke in particular of vehicles to which a tow bar has been subsequently been fitted, but which carry safety concerns. It is worth focusing here on the definitional question whether “tow bar” covers only the attachments merely to cars or the towing vehicle, or whether it also captures the attachment part of the trailer and where it attaches. That raises questions about definitions that make her amendment hard to carry through, but I will speak to both halves of the question.
Car and vehicle tow bars are subject to examination at annual tests. Cars and heavy vehicles with tow bars fitted are subject to checks both on the mechanical condition and on the relevant electric fittings. The rates of failure of tow bars of this kind at annual tests are extraordinarily low. The figures are published, and in 2016-17 the number of tow bar defects accounted for 0.001% of total defects for cars and light vans—an absurdly low figure. In the case of heavy goods vehicles, the rates of failure are also very low. Nevertheless, Members are right to raise concerns about the consequences of a tow bar failing. At the trailer safety summit, I saw evidence of the state of some tow bars that had been allowed to deteriorate.
Sarah Champion
I took the opportunity of the extended lunch break to call my garage, RH Motors, which does MOT testing, and asked about trailers and specific tow hitches. Staff there had recently been on the training, and they said that the threshold for notifying a problem with a tow hitch as a fault is very high; it tends to be due to acute corrosion. With the new regulations having literally just come in, they were not sure whether more guidance had been issued for MOT stations. Will the Minister consider that for future guidance?
Jesse Norman
That is an interesting question and I will certainly consider it. I am grateful to the hon. Lady for mentioning it. At the trailer safety summit, we saw evidence from the police force in Somerset of the condition to which some tow bars had been allowed to deteriorate. It is a source of genuine concern. However, it is worth pointing out that the scope of the amendment goes rather further than our discussion on Second Reading. In the proposed form, the report would require an assessment of all accidents involving a trailer to determine whether the tow bar may have contributed. While the contributing factors are recorded, which may allow us to discern such a link, the amendment would oblige us to assess retrospectively accidents for which the data has not already been recorded, which would be very difficult.
Jesse Norman
I am grateful to all colleagues for the very thoughtful and intelligent contributions they have made. I will pick up on each of the issues they have raised.
Perhaps I can start with the hon. Member for Bristol South who, in many ways, is the mother of these amendments. Her point about the importance of affecting driver behaviour and driver education has also been made separately and forcibly to me by the hon. Members for Rotherham and for York Central—it is very important and well understood. In due course, there may well be a case for extending our road safety communications more widely. As the hon. Member for Bristol South will know, we are effective in many ways on road safety education, but it is important that we cover all aspects, so I am grateful to her for that comment.
The hon. Lady asked whether the trailer safety report will fall away. The answer is that it will not. That is because I hope and suspect that the Bill will be enacted—with the support of the Opposition, it certainly will be—and even if it is not enacted, the Government have made a commitment to produce a report according to the standards we have outlined.
Let me pick up on a couple of points made by the hon. Member for Rotherham. Of course, it is an offence to use a trailer on the road that is not roadworthy or that is in an unfit condition. The hon. Lady is absolutely right to highlight, as several Members have, the 91% figure found on the assessment. Without getting too philosophical—the House will know my background in this area—there is a difference between data and evidence, and small numbers of data. We need a more comprehensive view. When we have one, we can legislate if we need to with certainty. If we need to regulate, we can do so with all the comfort and assurance that we would need.
Sarah Champion
I completely agree with the Minister, but capturing illegal, un-roadworthy vehicles tends to happen when things go wrong. The likelihood of the police stopping someone unless one of their trailer lights are out is incredibly slender. It is more about prevention and having a register. Regular checks would enable us in most cases—something could go wrong the day after the test—to guarantee more likelihood of compliance.
Jesse Norman
One great benefit of the Bill is that it has brought into the foreground a set of issues. It is the beginning of a conversation and a process of reflection that the Government need to have, and it will go well beyond the Bill itself. One can imagine what the different elements of that would be. The first might be education and public awareness, the next stage might be specific intervention, and so on all the way up the tree. I would not rule any of that out—it is just a matter of understanding the basis on which we operate.
In a way, it is a cautionary tale. The hon. Member for York Central mentioned tyre safety, which is another serious issue. She will know that Frances Molloy has campaigned in a very admirable way, having had a bereavement that was just as devastating in its own way as that of Donna and Scott Hussey. The view she has taken is that all tyres over 10 years old should be banned. In fact, in answer to her original campaign, the Department set out in guidance that no tyre aged over 10 years old should be fitted to the front steering axle of a bus. The effect has been remarkable and transformative in that we have seen very little infringement. We have tried on two previous occasions to commission what we considered to be an evidentially robust means of investigation. I am pleased to say that, after several years of trying and failing, we now have a process in mind. That is an example of how one can do an awful lot in advance as part of the process of evidence-gathering—that is what we are trying to do in the context of the Bill.
Sarah Champion
I have a series of questions for the Minister, rather than a speech. Could he give clarity on who is responsible for the periodic testing of trailers and the resources? Will he consider including tow bars or tow hitches in new clause 2, subsection (1), which states:
“Regulations may provide for periodic testing of the construction, condition or safety of relevant trailers”?
I have to apologise—I thought consideration of the Bill would last for four more sittings. Otherwise, I would have tabled amendments to that effect. It would be gracious of the Minister to comment on that.
Jesse Norman
I am very grateful to colleagues. If a testing regime is to be introduced, the Department will decide what the best way of doing that is. I anticipate that it would be done through an extension of work that has already been commissioned by the Driver and Vehicle Standards Agency and other relevant authorities.
Foreign trailers on our roads will be expected to obey the laws of Great Britain and Northern Ireland in the same way that any other trailer would. They will be subject to the applicable law. I want to be sure that I have caught the question that the hon. Member for York Central raised.
Jesse Norman
I am grateful to the hon. Lady for clarifying the point. The answer is, of course, that laws will apply to those trailers just as they would to domestic trailers. However, she rightly raises a wider point. Whether there is a difference in the assessment of trailers brought in from other countries—they may be subject to different regulatory rules—could well be considered in the wider trailer safety report. The report could also consider whether EU standards, or those of other countries, are doing the job we expect them to do. Hopefully that covers all the questions.
Sarah Champion
Would the Minister consider adding inspection of tow bars and tow hitches as the Bill progresses?
Jesse Norman
I cannot take that as a formal amendment, but I will certainly give the matter consideration.
Amendment 4 agreed to.
Clause 14, as amended, ordered to stand part of the Bill.
Clauses 15 to 22 ordered to stand part of the Bill.
Schedule agreed to.
Clause 23
Regulations
Amendment made: 5, in clause 23, page 13, line 35, leave out subsection (3) and insert—
“(3) A statutory instrument containing any of the following (with or without other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
(a) the first regulations under section 1;
(b) the first regulations under section 2;
(c) the first regulations under section 13;
(d) the first regulations under section 18;
(e) the first regulations under section (Trailer safety: testing regulations);
(f) other regulations under section (Trailer safety: testing regulations) which amend an Act.”—(Jesse Norman.)
This amendment requires the first regulations for periodic testing of trailers (see NC2), and any later regulations which amend an Act, to be subject to the affirmative procedure.
Clause 23, as amended, ordered to stand part of the Bill.
Clause 24
Extent
Amendment made: 6, in clause 24, page 14, line 8, leave out “Section 11 extends” and insert—
“Sections 11, (Trailer safety: report) and (Trailer safety: testing regulations) extend”.—(Jesse Norman.)
This amendment provides that the new clauses about trailer safety (see NC1 and NC2) extend to England and Wales and Scotland.
Clause 24, as amended, ordered to stand part of the Bill.
Clause 25
Commencement and transitional provision
Haulage Permits and Trailer Registration Bill [ Lords ] (Second sitting)
Debate between Sarah Champion and Jesse Norman(6 years, 6 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Jesse Norman
It is a delight to see you in the Chair, Mr Robertson. As colleagues across the Committee will be aware, trailer safety has rightly been discussed in some depth, both throughout debate in the other place and on Second Reading in this place. It is an issue with which I have personally been engaged throughout my time as a Minister. It has been a great pleasure to work with the hon. Member for Bristol South, and I am delighted to see her here today. Many members of the Committee will be familiar with her work on trailer safety.
Before we consider the amendments, it is worth outlining the facts that brought the hon. Lady to the subject. In January 2014, young Freddie Hussey was killed by a runaway trailer as he and his mother, Donna Hussey, walked to their home in the hon. Lady’s constituency, and since her election to Parliament she has worked indefatigably with the family in their campaign to improve trailer safety. In April, I attended the latest in a series of trailer safety summits arranged by the hon. Lady. The event brought together a range of stakeholders in the trailer and towing sector to discuss how safety can be improved. Freddie’s parents, Donna and Scott Hussey, also spoke of their own experience and their subsequent campaign to improve trailer safety, and it was a great honour for me to have a chance to discuss these issues directly with them.
As the Committee will be aware, the Department and its agencies have undertaken significant work as part of our continuing commitment to improve towing safety standards since the tragedy. Highways England leads the national towing working group, which brings together a range of towing stakeholders to address the issue. The Driver and Vehicle Standards Agency reviewed and published further guidance on safe towing practices alongside launching the “Tow Safe for Freddie” campaign. A large number of existing measures deal with the safety and roadworthiness of trailers, and we continue to review them. Like motor vehicles, almost all trailers must now be approved before they may enter service. That may be undertaken at the level of manufacturer and model, or on an individual basis for bespoke or custom-build units.
There is an annual roadworthiness examination that applies to larger trailers with a gross weight of more than 3.5 tonnes and trailers in a number of other categories. Under that regime, about 250,000 trailers are tested every year. I am pleased to say that the units exhibit high standards with a pass rate at first test of almost 90%, but—it is important to say “but”—as has been noted, the regime applies overwhelmingly to commercial trailers, with a minimal number of non-commercial trailers falling within its scope. As the hon. Member for Bristol South noted, about 1.4 million trailers fall outside the current testing regime despite weighing more than the vehicles they are towed by, which do require an MOT.
On Second Reading, the hon. Lady asked how our report will be undertaken, and I would like to provide some clarity today. The report will draw on existing data, but we are looking at what else may be included to inform a full and proper consideration. Members will understand that when producing such reports, it is crucial that we are able to speak with authority and make recommendations that are informed by data. The Department for Transport has a worldwide reputation for the quality and comprehensive nature of its work in data collection and use. I would like to reassure Members about an issue raised on Second Reading by saying that the data used in the current reporting systems is comprehensive and world-leading. It informs the Department’s work on road safety and is reviewed regularly.
The reporting form used to capture information on accidents contains many different data categories, allowing us to understand and identify trends in road traffic collisions. It provides details about the roads, vehicles and persons involved, as well as any injuries that occurred. Reporting systems continue to be refined to improve the depth of the data that informs departmental assessments. I am happy to share the contents of the reporting form with Members, if they would find it useful.
The hon. Lady is right to point to the under-reporting of accidents. Levels of under-reporting appear to be fairly consistent, which is a challenge to overcome, as I hope Members understand. The wholesale development of new reporting systems to collate new data would require several years’ work and is not achievable in the timeline of this legislation. It is crucial that the reports are based on validated and verified data to assess the issue, so the STATS19 accident data will inevitably form an integral component of the report we undertake. The report will, however, provide the starting point from which we can consider whether significant changes are necessary to how we report on trailer safety. Due attention will be paid to the challenge of under-reporting of accidents and we will consider what other types of data we may be able to obtain to inform our recommendations beyond that contained within STATS19. Working with stakeholders in the sector may well comprise an element of this undertaking.
The debate on these issues has been valuable and I thank both Members and peers for their thoughtful and considered contributions. As Members will be aware, on Report in the Lords, Baroness Sugg confirmed my intention to undertake a report on trailer safety, and the continuing discussion, both in the House and with stakeholders at the trailer safety summit, reaffirmed this commitment.
The Government amendments before the Committee today are intended to ensure that we can deliver fully the intent of the amendments made in the other place. That will be achieved in a manner that reflects the extent of our devolution arrangements. Should the safety report recommend that periodic testing is extended to cover all trailers weighing over 750 kg, that may be achieved through an extension of the existing safety regime. The proposed amendments replace the amendments tabled on Report in the Lords and comprise two additional clauses within part 2 of the Bill. Both amendments include in full the recommendations peers sought on the issues of trailer registration and trailer testing.
The provisions in new clause 1 on trailer safety will replace those proposed in the Lords. The new clause details the report to be undertaken and states that it must be published within one year of the legislation coming into force. The report will cover the number and causes of road accidents that involved trailers and caused injury or death to any person involved. The data contained in the report is not restricted to those points, but will contain that as a key thrust of the considerations. The report will cover recommendations sought by peers on whether regulations should provide for an extension of compulsory registration and testing requirements to apply to all trailers weighing over 750 kg.
The reporting period will cover a continuous period of at least 12 months and end no earlier than 18 months before the provision comes into force. That will allow the Department for Transport time to validate and fully consider the substantial body of data that will underpin the recommendations in the report. “Reported Road Casualties GB” is published each autumn, and we anticipate that the proposed timeline will allow us to draw on, at a minimum, the release later this year.
Sarah Champion (Rotherham) (Lab)
I am listening with interest to the Minister. Does he plan to capture data about trailers weighing more than 750 kg? There is potential in the legislation to make registration of trailers weighing more than 750 kg compulsory, if that is substantiated by the data.
Jesse Norman
As I said, the report will make recommendations on whether regulations should provide for an extension of compulsory registration and for testing requirements to apply to all trailers weighing more than 750 kg.
Amendment (a), tabled by the hon. Member for Bristol South, further proposes that the report will consider the
“levels of compliance with existing provisions relating to the construction, condition or safety of all trailers.”
A great deal of data is already recorded for those trailers that are subject to an annual test and checked at the roadside by the DVSA. The information may well prove valuable in the assessment of the safety of trailers generally, although hon. Members will be aware that it will not cover data for the great number of trailers to which the hon. Lady refers, which are not currently subject to the regular testing requirements. Nevertheless, a consideration of the compliance with those provisions will contribute to the report.
With a trailer population outside the annual test regime in excess of 1.4 million, each weighing between 750 kg and 3.5 tonnes, it is difficult to gather a robust data sample for those trailers to inform the consideration in the report. While the Department will consider which data sources we may draw on to inform any judgments on the standards of roadworthiness of light trailers generally, there is a need to be proportionate in how we gather data in the context of a wider enforcement strategy.
Larger trailers are the focus of existing enforcement, because they have long been recognised to pose the biggest risk. I hope that the hon. Member for Bristol South will appreciate that our position at the moment is that the amendment should not be made. The Department is keen that the report should be beneficial and will examine which additional sources of data we may draw on to inform a full consideration of trailer safety and compliance with both existing provisions and any new provisions that may arise from the report.
Regarding amendments (aa), (b) and (c) to new clause 1, tow bar safety was raised on Second Reading by the hon. Member for Rotherham, and it is certainly an important issue when considering trailer safety. She spoke in particular of vehicles to which a tow bar has been subsequently been fitted, but which carry safety concerns. It is worth focusing here on the definitional question whether “tow bar” covers only the attachments merely to cars or the towing vehicle, or whether it also captures the attachment part of the trailer and where it attaches. That raises questions about definitions that make her amendment hard to carry through, but I will speak to both halves of the question.
Car and vehicle tow bars are subject to examination at annual tests. Cars and heavy vehicles with tow bars fitted are subject to checks both on the mechanical condition and on the relevant electric fittings. The rates of failure of tow bars of this kind at annual tests are extraordinarily low. The figures are published, and in 2016-17 the number of tow bar defects accounted for 0.001% of total defects for cars and light vans—an absurdly low figure. In the case of heavy goods vehicles, the rates of failure are also very low. Nevertheless, Members are right to raise concerns about the consequences of a tow bar failing. At the trailer safety summit, I saw evidence of the state of some tow bars that had been allowed to deteriorate.
Sarah Champion
I took the opportunity of the extended lunch break to call my garage, RH Motors, which does MOT testing, and asked about trailers and specific tow hitches. Staff there had recently been on the training, and they said that the threshold for notifying a problem with a tow hitch as a fault is very high; it tends to be due to acute corrosion. With the new regulations having literally just come in, they were not sure whether more guidance had been issued for MOT stations. Will the Minister consider that for future guidance?
Jesse Norman
That is an interesting question and I will certainly consider it. I am grateful to the hon. Lady for mentioning it. At the trailer safety summit, we saw evidence from the police force in Somerset of the condition to which some tow bars had been allowed to deteriorate. It is a source of genuine concern. However, it is worth pointing out that the scope of the amendment goes rather further than our discussion on Second Reading. In the proposed form, the report would require an assessment of all accidents involving a trailer to determine whether the tow bar may have contributed. While the contributing factors are recorded, which may allow us to discern such a link, the amendment would oblige us to assess retrospectively accidents for which the data has not already been recorded, which would be very difficult.
Jesse Norman
I am grateful to all colleagues for the very thoughtful and intelligent contributions they have made. I will pick up on each of the issues they have raised.
Perhaps I can start with the hon. Member for Bristol South who, in many ways, is the mother of these amendments. Her point about the importance of affecting driver behaviour and driver education has also been made separately and forcibly to me by the hon. Members for Rotherham and for York Central—it is very important and well understood. In due course, there may well be a case for extending our road safety communications more widely. As the hon. Member for Bristol South will know, we are effective in many ways on road safety education, but it is important that we cover all aspects, so I am grateful to her for that comment.
The hon. Lady asked whether the trailer safety report will fall away. The answer is that it will not. That is because I hope and suspect that the Bill will be enacted—with the support of the Opposition, it certainly will be—and even if it is not enacted, the Government have made a commitment to produce a report according to the standards we have outlined.
Let me pick up on a couple of points made by the hon. Member for Rotherham. Of course, it is an offence to use a trailer on the road that is not roadworthy or that is in an unfit condition. The hon. Lady is absolutely right to highlight, as several Members have, the 91% figure found on the assessment. Without getting too philosophical—the House will know my background in this area—there is a difference between data and evidence, and small numbers of data. We need a more comprehensive view. When we have one, we can legislate if we need to with certainty. If we need to regulate, we can do so with all the comfort and assurance that we would need.
Sarah Champion
I completely agree with the Minister, but capturing illegal, un-roadworthy vehicles tends to happen when things go wrong. The likelihood of the police stopping someone unless one of their trailer lights are out is incredibly slender. It is more about prevention and having a register. Regular checks would enable us in most cases—something could go wrong the day after the test—to guarantee more likelihood of compliance.
Jesse Norman
One great benefit of the Bill is that it has brought into the foreground a set of issues. It is the beginning of a conversation and a process of reflection that the Government need to have, and it will go well beyond the Bill itself. One can imagine what the different elements of that would be. The first might be education and public awareness, the next stage might be specific intervention, and so on all the way up the tree. I would not rule any of that out—it is just a matter of understanding the basis on which we operate.
In a way, it is a cautionary tale. The hon. Member for York Central mentioned tyre safety, which is another serious issue. She will know that Frances Molloy has campaigned in a very admirable way, having had a bereavement that was just as devastating in its own way as that of Donna and Scott Hussey. The view she has taken is that all tyres over 10 years old should be banned. In fact, in answer to her original campaign, the Department set out in guidance that no tyre aged over 10 years old should be fitted to the front steering axle of a bus. The effect has been remarkable and transformative in that we have seen very little infringement. We have tried on two previous occasions to commission what we considered to be an evidentially robust means of investigation. I am pleased to say that, after several years of trying and failing, we now have a process in mind. That is an example of how one can do an awful lot in advance as part of the process of evidence-gathering—that is what we are trying to do in the context of the Bill.
Sarah Champion
I have a series of questions for the Minister, rather than a speech. Could he give clarity on who is responsible for the periodic testing of trailers and the resources? Will he consider including tow bars or tow hitches in new clause 2, subsection (1), which states:
“Regulations may provide for periodic testing of the construction, condition or safety of relevant trailers”?
I have to apologise—I thought consideration of the Bill would last for four more sittings. Otherwise, I would have tabled amendments to that effect. It would be gracious of the Minister to comment on that.
Jesse Norman
I am very grateful to colleagues. If a testing regime is to be introduced, the Department will decide what the best way of doing that is. I anticipate that it would be done through an extension of work that has already been commissioned by the Driver and Vehicle Standards Agency and other relevant authorities.
Foreign trailers on our roads will be expected to obey the laws of Great Britain and Northern Ireland in the same way that any other trailer would. They will be subject to the applicable law. I want to be sure that I have caught the question that the hon. Member for York Central raised.
Jesse Norman
I am grateful to the hon. Lady for clarifying the point. The answer is, of course, that laws will apply to those trailers just as they would to domestic trailers. However, she rightly raises a wider point. Whether there is a difference in the assessment of trailers brought in from other countries—they may be subject to different regulatory rules—could well be considered in the wider trailer safety report. The report could also consider whether EU standards, or those of other countries, are doing the job we expect them to do. Hopefully that covers all the questions.
Sarah Champion
Would the Minister consider adding inspection of tow bars and tow hitches as the Bill progresses?
Jesse Norman
I cannot take that as a formal amendment, but I will certainly give the matter consideration.
Amendment 4 agreed to.
Clause 14, as amended, ordered to stand part of the Bill.
Clauses 15 to 22 ordered to stand part of the Bill.
Schedule agreed to.
Clause 23
Regulations
Amendment made: 5, in clause 23, page 13, line 35, leave out subsection (3) and insert—
“(3) A statutory instrument containing any of the following (with or without other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—
(a) the first regulations under section 1;
(b) the first regulations under section 2;
(c) the first regulations under section 13;
(d) the first regulations under section 18;
(e) the first regulations under section (Trailer safety: testing regulations);
(f) other regulations under section (Trailer safety: testing regulations) which amend an Act.”—(Jesse Norman.)
This amendment requires the first regulations for periodic testing of trailers (see NC2), and any later regulations which amend an Act, to be subject to the affirmative procedure.
Clause 23, as amended, ordered to stand part of the Bill.
Clause 24
Extent
Amendment made: 6, in clause 24, page 14, line 8, leave out “Section 11 extends” and insert—
“Sections 11, (Trailer safety: report) and (Trailer safety: testing regulations) extend”.—(Jesse Norman.)
This amendment provides that the new clauses about trailer safety (see NC1 and NC2) extend to England and Wales and Scotland.
Clause 24, as amended, ordered to stand part of the Bill.
Clause 25
Commencement and transitional provision