Drivers’ Hours and Tachographs (Temporary Exceptions) Regulations 2021

Baroness Randerson Excerpts

Thursday 18th March 2021 Lords Chamber

Moved by

[Baroness Randerson]

That this House regrets that the Drivers’ Hours and Tachographs (Temporary Exceptions) Regulations 2021 (SI 2021/58) will have a detrimental impact on heavy goods vehicle drivers and the hours they will be required to work, and does not provide clarity for such drivers on how the temporary exemptions to requirements for rest breaks will operate.

Relevant document: 44th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[Baroness Randerson (LD) [V]]

This instrument was laid on 21 January and came into force on 22 January. As a negative instrument, we had no opportunity to debate it here before it came into effect. It was an extension of the temporary suspension of regulations on drivers’ hours and tachographs which applied from 23 December to 21 January. These regulations allow an increase in the maximum drivers’ hours from nine or 10 hours to 11 hours driving per day. They also allow a weekly rest period to be taken after seven days rather than six, and the fortnightly limits on hours driven increase from 90 to 96 hours.

These restrictions were initially introduced in the face of disruption in December due to coronavirus restrictions and the very heavy traffic to the ports caused by pre-Brexit stockpiling. There were long queues on the motorways in Kent and elsewhere, amid stories of drivers stuck in their cabs for days with the accompanying lack of toilet and washing facilities. There was an expectation, which I think we all shared, of further disruption to traffic through the borders as the additional Brexit bureaucracy kicked in during January. The last-minute nature of the agreement had not allowed time for hauliers to prepare.

However, what happened was rather different. Although it takes much longer to deal with the paperwork, the lorry queues did not materialise because many hauliers and many companies, particularly SMEs, simply opted out of the market and ceased to send goods to the EU. Hence, the officially confirmed 41% drop in EU trade during January. Covid has had an impact as well, of course, but trade within the EU dropped by only 10%.

Let me remind noble Lords why we have these strict rules on driving hours. They are part of our previous EU membership. They are there for road safety reasons, based on accident statistics. As a country, we have always been very proud of our road safety record. It is nevertheless true that some of our worst motorway accidents have been caused by lorries, where a significant factor has been driver tiredness. Limits on drivers’ hours are also an issue of decent, humane working conditions. This is especially important in an international industry with lots of small companies and solo operators.

I have a number of questions for the Minister. Given that long queues have not been a problem, why is it necessary to renew these exemptions? The Government cite shortage of drivers as a reason why longer hours are necessary. However, the Road Haulage Association reports a fall in the number of drivers—especially foreign drivers—willing to drive in the UK because of border bureaucracy. Does the Minister have any figures on this?

The Government talk about temporary teething problems at the borders but Brexit is permanent, and so is the bureaucracy that comes with it. Can the Minister give us an assurance that she will not be back here next month asking for further relaxation? This decline in road safety standards and erosion of workers’ rights cannot become permanent. If she cannot give us that assurance, can she at least ensure that in future this will not be slipped through by negative procedure. The trade union Unite emphasises the cumulative impact of fatigue, so the longer this goes on, the more dangerous it becomes.

When the Secondary Legislation Scrutiny Committee drew our attention to these regulations, it emphasised how vague some aspects are. Can the Minister provide clarity on the meaning of the guidance that these exemptions should be applied only “where necessary”? How has it been enforced? The DVSA monitors and checks these records, so can we have an analysis of those checks from the last couple of months?

The exceptions are very broad and apply across the country, not just on particular routes to the ports. Why not? Are checks being undertaken outside port areas to see if there is any abuse of these laxer rules? The relaxation of the rules was requested by industry bodies and Defra. Can the Minister confirm that road safety bodies were consulted? What was their view?

I put down this regret Motion primarily out of concern for road safety, but also because of concern about the situation at our borders. Can the Minister update us on progress with the inland border facilities the Government are building? Those are designed to allow drivers to rest up as well as to process loads and provide border paperwork facilities. Those facilities should solve any problems and make further relaxation of these rules unnecessary. I do not intend to call a vote at this time. My purpose is to seek answers and I look forward to hearing the Minister’s response.

--- Later in debate ---

[Baroness Randerson (LD) [V]]

My Lords, I am grateful to the Minister for her reply. I will look carefully in Hansard, and I am sure that she will write to us in her usual courteous manner to answer any questions with which she has not been able to deal. I appreciate the detail and her final reassurance. With that, I beg leave to withdraw the Motion.

Motion withdrawn.