Pedal Cyclists: Insurance

Baroness McIntosh of Pickering Excerpts

Thursday 23rd May 2024 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, dangerous cycling puts lives at risk and is completely unacceptable. Like all road users, cyclists are required to comply with road traffic law in the interests of their own safety and that of other road users. This is reflected in the Highway Code. If road users, including cyclists, do not adopt a responsible attitude or if their use of the highway creates an unsafe environment or causes nuisance, they may be committing a number of offences. The department has considered issues such as a mandatory registration and licensing system for cycle ownership as part of a comprehensive cycling and walking safety review in 2018. In light of the review, the Government have no plans to introduce a mandatory registration system, as the cost and complexity of introducing such a system would far outweigh the benefits.

[Baroness McIntosh of Pickering (Con)]

My Lords, my noble friend will be as disappointed as I am that the Bill in my name will not be adopted. The last time he answered a question on this matter at the Dispatch Box, he said that he personally had apprehended a number of cyclists who had breached the rules. Will the Government undertake to confiscate any bicycle if the owner or rider of it perpetrates a major breach of road traffic offences?

[Lord Davies of Gower (Con)]

I hear what the noble Baroness says. That is a pretty drastic approach, but she has made her point well.

Avanti Trains

Baroness McIntosh of Pickering Excerpts

Tuesday 27th February 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I thank the noble Lord for that question. We are committed to reforming the railways, and we are getting on with delivering improvements for passengers, freight customers and the taxpayer now. Rail reform remains a priority for government. Our priority for the next 12 months is delivering the improvements I just mentioned, and we are focused on collaborating with the sector to lay the foundations for a reformed industry, taking more of a whole-system perspective within the current legal framework.

[Baroness McIntosh of Pickering (Con)]

My Lords, does the Minister remember that Parliament passed a minimum-service requirement in the context of strike action? Is it the case that, if there is bad weather, Avanti or any other rail company can order a fleet of taxis to ensure that passengers complete their journey, but if there is a strike, no alternative transport can be so ordered? Will the Minister look into this to ensure that the Act that Parliament passed is followed to the letter?

[Lord Davies of Gower (Con)]

I will certainly have a look at that.

Pavement Parking

Baroness McIntosh of Pickering Excerpts

Wednesday 21st February 2024 Lords Chamber

[Lord Davies of Gower (Con)]

I am not sure it is a question of resources; it is a question of analysing the 15,000 responses to the consultation. As for AI, I am afraid I am not an expert in that matter.

[Baroness McIntosh of Pickering (Con)]

My Lords, has my noble friend has a chance to look at the Bill in my name on Road Traffic Act offences involving e-bikes, e-scooters and pedal bikes, which has received its First Reading? In particular, will he look at the provision whereby there should be a review of illegally operated scooters to prevent further accidents and casualties?

[Lord Davies of Gower (Con)]

I have not yet had the opportunity to look at my noble friend’s proposed legislation, but as soon as I leave here I will go straight back to the department and do so.

East Coast Main Line

Baroness McIntosh of Pickering Excerpts

Wednesday 24th January 2024 Lords Chamber

[Lord Davies of Gower (Con)]

At the Bradshaw address, the Secretary of State committed to expanding single-leg pricing, on most of LNER’s network, for example. This went live on 11 June 2023. In the plan for rail, we set out our intention to simplify fares and improve the passenger experience. We are determined to find innovative ways to get people back into rail.

[Baroness McIntosh of Pickering (Con)]

My Lords, next year will celebrate the bicentenary of the original railway line, between Darlington and Stockton-on-Tees. Would it not be extraordinary to reduce the service from Darlington—and Northallerton—to London in what is its bicentennial year? Will the Minister use his good offices to examine the timetable which LNER is proposing for next year, to ensure that we continue to have good hourly services to these regular commuter runs?

[Lord Davies of Gower (Con)]

I hear what my noble friend says. I will certainly take it back and have a look at it.

Private Crossings (Signs and Barriers) Regulations 2023

Baroness McIntosh of Pickering Excerpts

Wednesday 17th January 2024 Lords Chamber

[Baroness McIntosh of Pickering (Con)]

My Lords, I take this opportunity to congratulate the noble Lord, Lord Berkeley, on his assiduous scrutiny of the regulations today and on previous occasions. I join those who take great interest in heritage railways by declaring that I am president of the North Yorkshire Moors Railway, which is a great honour—it is in fact the most visited facility in North Yorkshire as a whole.

I make a plea to my noble friend. Without adding to his brief, could he be proportionate in the way that his department approaches this? If you take the route that the North Yorkshire Moors Railway follows, obviously it is deeply rural in nature and will have many crossings, and I hesitate and shudder to think what the cost of each signpost will be. I therefore urge my noble friend to commit in his response to taking a measured and proportionate approach to the way that his department will implement these regulations.

[Baroness Randerson (LD)]

My Lords, I am afraid that I will strike a slightly different note from the love-in for heritage railways that has taken place this afternoon. I love travelling on heritage railways but I do not join other noble Lords in objecting to the principle here; I object to some details of this but I do not object to the principle of the need for it.

Greatly to my surprise, I discovered that there is a growing problem with private crossings, far from all of which involve heritage railways—other private crossings are involved. There are about 3,000 of them in the UK. Every year, a couple of people die on them and there are on average 137 near-misses each year. Therefore, there is a case for making them more carefully signed.

Where I do join other noble Lords is in my amazement at the range of diagrams, the variety of signs and the level of detail in those signs, which is so great that, probably, anyone seeking to cross a railway line in a hurry would not be able to read them from a distance and would probably skip the detail and take a risk in certain situations. Therefore, the complexity of the signs being offered is actually self-defeating.

I have other points of concern, moving on from my basic point that there is a real problem to be solved, and one is the delay in implementing the findings of the Rail Accident Investigation Branch investigations which recommended these changes. There were two investigations, one into the Oakwood Farm collision in 2015 and the other into the Frognal Farm collision in 2017. Why has it taken so many—nine—years to produce and test this suite of signs? Other noble Lords talk about the financial constraints for heritage railways but there is nothing more likely to finish the success of a heritage railway than someone being killed or seriously injured, which would lead to a very significant insurance claim against it. Therefore, it is very much in their interest to have the best possible signs.

My second point is that after all these years and all this effort, if I have read this correctly, it appears to apply to newly installed and replaced signs only, so we will still have the variety of the old signs, plus a wide range of new signs—no consistency, as far as I can see. Even then, the Explanatory Memorandum says that a sign is legal if it was in place in November 2023, but operators have until 2029 to start introducing the new signs. That does not sound consistent, and I would be very grateful if the Minister could provide some clarity, because this is the most confusing Explanatory Memorandum I have read in a long time. There is of course no specific penalty for not introducing these signs, so what is the Department for Transport going to do to raise awareness of them, because they will be effective only if they are adopted on a wide basis?

The Minister will not be surprised that I raised my concern at the lack of availability of Welsh translations. The Department for Transport has failed badly on this, because it is a responsibility of the UK Government, where there is a requirement in relation to provision of the language, to ensure that they introduce it in discussion and co-operation with the Welsh Government. So can the Minister confirm to us that the department has been in discussion with the Welsh Government, and can he explain why preparation has not already been made for these Welsh signs? The Minister knows that parity for the Welsh language has been a legal requirement since the days of Margaret Thatcher—I see the noble Lord, Lord Hunt, nodding vigorously behind the Minister—so it should be routine, rather than an afterthought. Why is it that the Explanatory Memorandum tells us that we will have to wait a year for Welsh translations? We could get Welsh translation by next week.

This is about safety, and it therefore acknowledges the importance of standardisation and clarity of message. I make no apologies for adding at the end of my speech that I referred on Monday to a similar issue in relation to the 2016 legislation, which removed the need for standardised warning signs for fords. There have been deaths in recent years of people who have drowned in fords since the standardisation of those signs was removed. These tragic consequences need to be considered, so I ask the Minister to investigate that issue. Was the removal of the need for a standard size and display for ford warnings a one-off issue, or were other safety signs covered by the same policy of non-standardisation? Will he go back to his department, investigate this issue and perhaps write to me to explain what the Government’s policy is going to be, because, if we are going to have safety signs on railways, we need safety signs on fords that are standardised as well?

Refurbishing Trains: Contracts

Baroness McIntosh of Pickering Excerpts

Tuesday 12th December 2023 Lords Chamber

[Lord Davies of Gower (Con)]

I thank the noble Baroness for that question. What I can say to noble Lords that manufacturers are ultimately responsible for sourcing work for their assembly plants. There are upcoming procurements in the market being run by Northern, Southeastern, TransPennine and Chiltern. It is a competition process that is open to all manufacturers to bid, including Alstom in Derby. The department is also working with the Treasury to set out a pipeline for expected rolling stock orders, to provide the sector with further clarity over the near term.

Regarding HS2, Alstom are part of a contract with Hitachi to design, build and maintain HS2 trains for phase 1 only.

[Baroness McIntosh of Pickering (Con)]

My Lords, may I wish the Government all the best in ensuring a future for Alstom? Who is responsible for ensuring that the overhead electricity wires are fit for purpose? We have seen three outages in two different parts of the country, one of which lasted three days and caused absolute havoc on the east coast main line. This cannot be sustainable. Will the Minister assure us that there is a rolling programme of improvements and refurbishment of the overhead lines, particularly on the east coast main line?

[Lord Davies of Gower (Con)]

Well, we have been subject to adverse weather, of course. I can, however, assure my noble friend that Network Rail is responsible for overhead lines. I will take her comments back to the department.

Pedicabs (London) Bill [HL]

Baroness McIntosh of Pickering Excerpts

Monday 11th December 2023 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I shall be brief. Amendment 28 in my name is a probing amendment because I do not understand something. Clause 2(10) says:

“Pedicab regulations may … confer a discretion on Transport for London”


and

“confer power on Transport for London to authorise others to carry out functions under the regulations on their behalf”.

One could be very suspicious about that, or it may just be something that allows TfL to subcontract things. However, I would be pleased if the Minister could explain which it is because “discretion” can cover a wide variety of things.

I will speak briefly to Amendments 38 and 39 in my name, which are to do with consistency between the powers to immobilise and seize pedicabs and those available for motor vehicles. Clause 3(6) allows for pedicab regulations to authorise the

“immobilisation, seizure, retention and disposal of pedicabs that contravene, or are used in contravention of, the regulations”.

Of course, I do not object to any of that, but I hope that it will be taken by the Government and TfL as the sanctions being available only in serious cases. In theory, a pedicab could potentially be confiscated for minor offences, including those that might be committed unwittingly—you can see TfL doing that to a taxi driver who has contravened the regulations unwittingly. I hope the Minister will give me some comfort on that.

I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, this is the first chance I have had to speak in this debate as I was involved in other business in another part of the House. I am delighted to be here at all since I was meant to travel yesterday; I think I must have reached a record in that three trains I was booked on were cancelled. I am just delighted to be here to discuss pedicabs—if I had taken a pedicab from the north of England, it might have been quicker to get here, but then I would not have been insured.

I welcome this Bill but, as the debates on earlier groups of amendments have shown, it does not go far enough in its current form. I will speak to Amendments 32, 35 and 36 in my name. I believe that these amendments are necessary because, on a reading of the Bill—in particular Clause 3(2)(a)—the penalties are simply not strong enough to reflect the gravity of a casualty that could occur through the use of a pedicab.

I may be raising points made earlier; I apologise that I could not be here for debates on earlier groups. When I did arrive, I listened very carefully to my noble friend, whom I congratulate on his new position, which is a very welcome role for him. He stated that existing legislation applies to e-scooters. I put it to him that the existing legislation is not being applied to e-scooters, e-bikes and regular bikes. I pray in aid the tragic case of Kim Briggs, the wife of Matt Briggs, who was simply crossing the road when an illegal bike with no brakes fitted at all knocked her down and killed her. At the moment, there are insufficient penalties. The offender was successfully prosecuted for her death, which was a direct result of the injuries that she sustained, but he could not be put away for anything other than the current minuscule offences in the Road Traffic Act.

Avid readers of the Order Paper will have noted that in the last three parliamentary Sessions I have tried to bring forward a Private Member’s Bill to plug that gap. The closest I came, sadly, was in the year when we were dealing with so many regulations relating to Covid that, as noble Lords will recall, no Private Members’ Bills were covered at all. Is my noble friend really satisfied that the existing regulations that apply to e-scooters, e-bikes and bikes are being applied? Why is it that on a daily basis in London, which is the remit of this Bill, and other parts of the country, people are being knocked down, sustaining serious injuries and in some cases being killed on pavements—which is strictly illegal for e-bikes, e-scooters and regular bikes?

The regulations are not being respected. If we stick with these pitiful, woeful enforcement measures in Clause 2, can my noble friend tell the Committee—I pay tribute to his years of service in the police force—who will monitor this? Will TfL have agents on the street to ensure that, for pedicabs, which are covered by this Bill, the measures that will be covered by these woeful, small penalties will be enforced? Who will it be? If it is not TfL—I hazard a guess that it will not be; it will be the British Transport Police or the Met Police—and they will not apply the regulations that already apply to e-bikes, e-scooters and regular bikes, who on earth imagines that they will apply them to pedicabs? Who is telling them to do this? I know this was mentioned earlier and I regret that I was not here to participate in that debate, but why are the Government not taking charge for this Bill, as I understand they did for other aspects of road traffic Acts in the past?

Clearly, the regulations that currently apply to e-bikes, e-scooters and bikes are not working. My noble friend said that there was no legislative time to bring in the next raft of regulations that will apply to them. Here we have it; we have a Bill before us today that is going through the House very quickly, with one day in Committee. Why, pray God, can we not attach it to this Bill, to prevent any further accidents and casualties on our pavements and other parts of the road?

My noble friend pointed out that you have to be licensed and insured to drive an e-scooter on private land, as is currently the case. I understand the level of casualties to be high—unfortunately I was not organised enough to bring the reply from my noble friend Lord Sharpe in this regard—but the Government do not keep the figures, so we simply do not know how many fines or penalties have been issued for that category.

I welcome the fact that pedicabs will be licensed; that will make a big difference. Can my noble friend tell me what the case is for Deliveroo drivers? They seem to be the bane of my life in London, particularly those who drive regular scooters for months, if not years, with L-plates on. Is there not a category of time beyond which you have to pass a test? Who is monitoring whether they are not actually learner drivers but simply have no intention of passing a test? Who is checking whether they are legally able to work here and to drive said scooters? Has anybody asked whether they have even read the Highway Code and are they tested on it?

With those few remarks, I praise the Government for bringing forward the Bill, but I hope that my amendments show what is required to make sure the Road Traffic Act brings in these changes, which I tried but failed to do through my Private Member’s Bill. I hope my noble friend will look kindly on those suggestions.

[Viscount Goschen (Con)]

My Lords, clearly the enforcement of the provisions of the Bill and the consequent regulations, however they are drafted by TfL, will be critical. My noble friend has made some pertinent points about the current enforcement of other forms of bicycles, e-bikes, scooters and so forth. My question to him is: what message can he send and what confidence can he give the Committee that the enforcement of whatever regulations eventually emerge will be taken seriously?

I quite agree with my noble friend that there seems to have been an abandonment, certainly in central London, of enforcement for contraventions of the Highway Code and traffic regulations by bicycles, e-scooters and the like. I guarantee that, if I were to walk to central London from your Lordships’ House, I would see vehicles without lights cycling the wrong way up streets. In fact, this morning as I was walking here, a delivery rider parked their e-scooter on the pavement of Jermyn Street at 90 degrees to the direction of flow of pedestrians, locked it like that and went in to deliver their goods.

That is wide of what we are talking about on the Bill today, but there is no point making regulations if they are not going to be enforced. Any law that is not enforced brings the Government, governance and law into disrepute. Perhaps my noble friend can say a word or two about how he sees this likely to be enforced in practice and say something a bit more broadly about the enforcement of motoring other than by camera, which is the default setting. We have seen the withdrawal of the police from enforcing what they may see as trivial road traffic regulations in central London in favour of things that are easier to do, such as putting up cameras, yellow box junctions, generating fines and so forth.

I appreciate that this might go slightly wide of the question under specific consideration today, but the noble Lord, Lord Berkeley, and his amendments on enforcement raised very important considerations on the seizure of these vehicles. Nobody will take a blind bit of notice unless enforcement is taken seriously.

Mopeds, Motorcycles and Powered Light Vehicle Industry

Baroness McIntosh of Pickering Excerpts

Thursday 23rd November 2023 Grand Committee

[Baroness McIntosh of Pickering (Con)]

My Lords, I congratulate the noble Baroness, Lady Ritchie, on calling this debate at such a timely moment. I also congratulate my noble friend Lord Davies of Gower on his new position and the noble Lord, Lord Liddle, on his position on the Opposition Benches.

I will focus on safety and a possibly tenuous connection to e-scooters and e-bikes. Like the noble Lord, Lord Foster of Bath, I too have a little Bill prepared on which I hope my noble friend and the Government will look favourably. It proposes to

“amend the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 to create criminal offences relating to dangerous, careless or inconsiderate cycling, in particular applying to a pedal cycle, an electrically assisted pedal cycle, and an electric scooter”.

I associate myself with all the previous remarks on batteries, but time does not permit me to explore that here.

I recognise that the majority of cyclists are responsible. However, they must have regard to other road users. I am appalled at the flagrant abuse of legislation by e-bikes, e-scooters and regular scooters from Deliveroo and others, particularly in mounting pavements. How long are these delivery scooters allowed to ride with an L-plate without passing a test to show that they are legally competent to drive? Not stopping for pedestrians at pedestrian crossings is an increasing problem. What fines have been issued in the last six months or year and what prosecutions have been made for the illegal use of such e-bikes and e-scooters?

Why have the Government extended trials of e-scooters to 2026? If the evidence already exists that there are issues regarding their safety, why are these not being addressed now and regulated? For what reason are e-cyclists and those on e-scooters allowed to ride without any insurance or a driving test as a prerequisite? Is it still the case that e-scooters, other than rented ones, cannot legally be used on public roads?

I took great heart from the fact that, in connection with the tragic case of Kim Briggs, who died from injuries caused when she was knocked over by a cyclist travelling at speed on a bicycle with no legal brakes at all, my noble friend’s predecessor, my noble friend Lady Vere of Norbiton, wrote to her husband Matt Briggs on 23 March 2022:

“As the Secretary of State has already announced, we are considering bringing forward legislation to introduce new offences around dangerous cycling; we will do this as part of a suite of measures to improve the safety of all road and pavement users”.


What has happened to that legislation?

The ABI is deeply concerned about the implications for the Motor Insurers’ Bureau of a corresponding insurance requirement being levied on e-scooters in particular. Its key point is that legalising the use of e-scooters on UK roads should ensure that no additional liabilities are placed on the Motor Insurers’ Bureau without such a corresponding insurance requirement. By what date does my noble friend intend that the Government will introduce that? The ABI also argues that enforcement against illegal use of e-scooters on UK roads should be increased; is it my noble friend’s intention to do so? It also argues that the Government should share data on the outputs and results from trials to date to inform the public about ongoing discussions in this regard.

In conclusion, there should be space for cyclists, e-scooters and e-bikes, but only in so far as they are driven responsibly and with regard to the law. Are noble Lords aware of the superhighway to be built along Millbank, and that the iconic palm tree on the roundabout will be removed, enabling cyclists and e-scooters to travel at even faster speeds? That will put your Lordships at even greater risk when we try to cross the pedestrian crossing at Millbank. I regret that it may lead to more deaths and casualties of pedestrians and other road users.

E-bikes

Baroness McIntosh of Pickering Excerpts

Tuesday 11th July 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

No, those people who are riding those vehicles in those circumstances are breaking the law. All vehicles that are not e-bikes—they would be electric motorbikes—have to be registered with the DVLA, insured and taxed; the person would have to have a driving licence and to wear a helmet. Essentially, they would be the same as a traditional ICE motorbike and, yes, there is type approval of those vehicles.

[Baroness McIntosh of Pickering (Con)]

My Lords, my noble friend replied to a Written Question from me, saying:

“The Government is considering bringing forward legislation to introduce new offences concerning careless or dangerous cycling”,


particularly in the case of “irresponsible cycling behaviour”, including by e-cyclists. Will she support my Road Traffic Offences (Cycling) Bill, which would introduce the offences to which she refers in her Answer?

Trains: Wifi Provision for Passengers

Baroness McIntosh of Pickering Excerpts

Thursday 25th May 2023 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I can say only what the evidence is from asking passengers. We have asked the train operating companies to look at the provision of wifi, to establish a business case which sets out the benefits to passengers—how much they need it, those who perhaps are unable to use a smartphone on 4G or 5G for example—and then to revert.

[Baroness McIntosh of Pickering (Con)]

My Lords, will my noble friend take this as a response to her survey? Those of us who purchase our tickets electronically require wifi to both board and travel on the train. How am I going to be permitted legally to travel if there is no wifi to demonstrate that I have purchased a ticket?

[Baroness Vere of Norbiton (Con)]

I would hope that my noble friend would have got the ticket in the wallet on her phone because she would have needed it to go through the station anyway. Free wifi will remain available at stations and as I say, no decisions have been taken. We have asked the train operating companies to prepare business cases.