Towed Trailers

Debate between Andrew Jones and Karin Smyth

Tuesday 19th January 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Andrew Jones)]

I fully share the sadness, so eloquently detailed by the hon. Member for Bristol South (Karin Smyth), at the death of Freddie Hussey. I can only extend my deepest sympathies to his parents, Donna and Scott, and their other son, Archie, for their tragic loss. It is always devastating to hear about the impact that road deaths have on families. Losing a child is a burden that no parent should have to bear.

Road safety is right at the heart of transport policy and is a top priority for me, so I will first put my remarks into context with some words on road safety. I recently set out our new road safety statement, which contains our commitments to realistic and appropriate action to tackle deaths on our roads. We are particularly concerned about the deaths of vulnerable road users such as children. The statement sets out our key priorities for road safety, which include adopting the safe systems approach. That approach is clear in the framework we have set with Highways England, which it is now implementing. It is also a theme that runs throughout the statement. We are protecting vulnerable road users, including pedestrians, cyclists, motorcyclists and horse riders, through infrastructure and vehicle improvements, the promotion of safer behaviour and equipment, and ensuring that other road users are aware of the risks posed to these groups and adapt accordingly.

Taking tough action against those who speed, exceed the drink-drive limit, take drugs or use their mobile phone has been a priority for successive Governments, and I intend to build on that. We are increasing the fixed penalty for handheld mobile phone use behind the wheel from £100 to £150 and increasing the penalty points for the offence from three to four for motorists and from three to six for HGV drivers. We are also consulting on legislative changes to improve urban cycle safety by ensuring that sideguards and rear under-run devices remain permanently fitted to HGVs.

I have also ensured that a £750,000 grant will be made available in this financial year to police forces in England and Wales to build drug-driving enforcement capacity, and we are consulting on options for a drug-drive rehabilitation scheme course and a high-risk offenders regime for drug-drivers. Further to that, I am consulting on proposals to support safety for motorcyclists, who tragically account for 19% of all road deaths and yet make up only 1% of road users, including better training and improved safety equipment. It is a comprehensive package of initiatives to tackle road safety and build on the progress that our country has made over many years.

Turning to towed trailers specifically, I should start by explaining the type approval and licensing processes for trailers. While small trailers are not subject to MOT testing, all new trailers now need to be type approved. Trailers are, for legal purposes, divided into four different types. Category O1 and O2 trailers are the smaller variety—meaning under 3.5 tonnes laden—which are mostly for personal and domestic use and include caravans. The trailer in this case was in the O2 category. Categories O3 and O4 cover larger trailers, which are usually used commercially and include, for example, articulated lorry trailers. The latter varieties are subject to more rigorous inspection procedures that are appropriate to large and heavily used vehicles.

Recent developments have improved the safety of all new trailers, but given the long life of trailers, it will take some time for the trailer fleet to be completely renewed. All new road-going trailers that are towed behind road vehicles such as cars, lorries or buses need to be submitted for European type approval. The system checks the safety of a new trailer, with regard to important items relevant to road safety such as the braking system, the lights, the tyres and the towing coupling. For larger trailers, devices to protect other road users from under-running the side or rear of the trailer were already fitted in most cases, but they have been subject to more stringent strength testing. We and the industry believe that that has achieved a significant improvement in the safety and quality of trailers. The trailer manufacturing industry has invested in improving the build quality of its product and in more thorough testing, in particular of their braking systems and devices for protecting other road users.

Moving on, we have also made it road users what is acceptable behaviour while towing a vehicle and we consistently make clear how people should behave. Rule 98 of the Highway Code makes it clear that individuals should not tow more than their licence permits and should ensure that loads are secured and distributed throughout the trailer body. The Driver and Vehicle Standards Agency also issues a significant degree of guidance on responsible trailer use, including on how much weight a trailer is allowed to bear and the checks that a responsible driver ought to undertake before driving off. The checks include ensuring that the lights are working and the coupling height is correct and checking that the load is secure. The DVSA also provides advice on what to do if the trailer starts to snake or swerve, which is to ease off the accelerator and reduce speed gently. It is entirely reprehensible for an individual driver to set off without ensuring that the trailer is correctly and appropriately coupled and the load correctly distributed through the trailer.

[Karin Smyth]

I am grateful for what the Minister is outlining. I agree that that is entirely reprehensible, but we are talking about guidance and advice, and there is no onus on the driver or any enforcement authorities to enforce the advice. Will the Minister expand on how exactly he sees that working?

[Andrew Jones]

I will come on to further points, so perhaps we can pick up some of the issues then.

One issue that came out clearly in the hon. Lady’s speech was MOT-type testing. As I said earlier, smaller trailers are not subject to MOT testing, although larger ones are. There is no statutory or comprehensive national database to identify small trailers or to detail when they were built, so any such MOT scheme would prove difficult to implement.

A more universal testing regime for smaller trailers, such as those with the O2 category, was considered as part of a 2013 debate on the European Union roadworthiness directive. At the time, EU member states were in agreement that a scheme to register and test those vehicles throughout Europe was disproportionately burdensome—that was the phrase used—to establish and operate. Unless a registration scheme for such vehicles were established in advance of any testing scheme, it would be hard for enforcement authorities to check effectively that a trailer, such as a caravan, had its own authentic test pass certificate or, indeed, documentation on who owned it. It would be too easy, for example, for a certificate to be used for another, similar vehicle.

It might help our debate if I detail some accident data—I am aware that the hon. Lady’s opening speech included a request for more data to be published and, if I can find more, I will certainly write to her with that information. The number of accidents and casualties involving towed vehicles, compared with other types of vehicles, is low, at about 1% of all accidents. If we take 2014, the latest full year of data, 268,527 vehicles were involved in road accidents of all severities on the roads in our country. Within that total, 1,257 vehicles were towing a trailer, which equates to less than 1% of all vehicles involved in reported road accidents. Obviously that is absolutely no comfort whatever to families who have lost someone in any kind of incident, including the Husseys.

Furthermore, in many of those accidents the trailers are of the larger type, over 3.5 tonnes. Such heavier trailers are used by the operators of HGVs and for many years have been registered and tested under the DVSA’s heavy vehicles plating and testing scheme. The drivers are also used to towing trailers day after day, in the normal course of their jobs.

In respect of large and small trailers, much of the work on road safety, including in relation to careless driving, mobile phone use, drug-hindered driving and drink-driving, is also relevant to those vehicle combinations and applies to drivers irrespective of what they are driving. In the case that we have been discussing, I understand that the failure was to do with coupling the trailer to the Land Rover, which was an error by the driver. It is therefore unlikely that that type of failure would be picked up in a test designed for equipment, such as an equivalent to the MOT test for trailers.

The available data suggest that most accidents involving light trailers relate to driver behaviour, such as inappropriate driving behaviour for the conditions or breaking the speed limit. Indeed, the national speed limits for vehicles towing trailers, including caravans, are lower than standard national road speed limits. That is because of the handling characteristics of those vehicle combinations. Sixty miles per hour is the legal maximum on motorways and other dual carriageways, with 50 mph being the maximum on single carriageway roads, subject to the national 60 mph limit for general traffic.

I want lessons to be learned from the sad case that we have been discussing. We should all bear in mind the comments made about the family’s aspirations. I have met many families who have lost loved ones in road accidents, and I am happy to meet with the Husseys, should they wish to do so. We are always seeking to learn lessons, so I will spend a little time on what we can do with driver behaviour.

I will ask the DVSA to review all the advice it publishes about trailer safety. That will include in relation to trailer coupling—[Interruption.]