Road Vehicles (Authorised Weight) (Amendment) Regulations 2023

Baroness Randerson Excerpts

Tuesday 13th June 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, these draft regulations were published on 23 January and laid before Parliament on 26 April. They will be made under powers conferred by Sections 41(1), (2)(d), (3) and (5) of the Road Traffic Act 1988.

The highest greenhouse gas-emitting sector of the economy is transport, with road freight making a significant contribution to those emissions. In 2021, heavy goods vehicles produced 20% of greenhouse gas emissions from domestic transport. Shifting towards cleaner types of vehicles and fuels is therefore vital if emissions from this sector are to be brought down in line with the 2050 net-zero goal.

These regulations implement increases in weight limits for certain alternatively fuelled or zero-emission vehicles. The weight limit increase is up to a maximum of one tonne for an alternatively fuelled vehicle and a flat two tonnes for a zero-emission vehicle. In all cases, the maximum weights for individual axles will remain unchanged.

The vehicle types that are having their weights changed by this regulation include articulated lorries and road train combinations with five or six axles, normally limited to 40 tonnes, and four-axle combinations, normally limited to 36 or 38 tonnes. No additional weight allowance will apply to the heaviest articulated lorry and road train combinations of 44 tonnes or four-axle motor vehicles of 32 tonnes. As the noble Baronesses know, those are the standard limits and types of vehicle.

These regulations will also apply to certain smaller zero-emission lorries with two or three axles and zero-emission three-axle articulated buses. Alternatively fuelled versions of these types can already operate at up to one tonne above the normal limits.

A vehicle’s power train consists of the components which generate power and then transmit it to the road to move the vehicle. Alternatively fuelled or zero-emission heavy goods vehicles may have a heavier power train compared to traditionally fuelled, heavy goods vehicles with internal combustion engines. For example, they may be fuelled by a gas stored in a pressurised fuel tank or they might use batteries. These components can be significantly heavier than a conventional petrol or diesel fuel tank and combustion engine used in an equivalent vehicle.

The typically heavier power trains of these vehicles means that, under the current vehicle weight limit rules, they may have to carry a reduced amount of cargo compared to an equivalent fossil-fuelled vehicle in order not to breach the weight limit. The higher weight of the empty vehicle essentially acts as a payload penalty. This decreases the commercial viability of these new types of cleaner vehicles, as more vehicles may be required to move the same amounts of cargo or they may just be restricted to moving lighter loads.

These regulations increase the maximum permitted weight for the relevant zero-emission vehicles by a flat two tonnes. That is most appropriate for a zero-emission vehicle, because the weight of the power train is usually significantly more than two tonnes. The weight limit increase for alternatively fuelled vehicles is up to one tonne, because it depends on the actual extra weight of the power train. That will be assessed and put into what I think is called the ministry certificate—the little chitty that goes inside the lorry and basically tells enforcers how much weight that lorry can take. It is key that these two things are different and are considered differently, because they take into account the variations and different features of the power trains of these cleaner vehicles.

However, the weight limit does not apply beyond the existing maximum for a six-axle vehicle of 44 tonnes. These vehicles are therefore within the current normal limits for infrastructure, such as roads and bridges. We see no reason why they cannot freely circulate on the road network. Furthermore, the per-axle weight is also not being changed because, if it is, one would see increased road wear and deterioration. It is also worth pointing out that operators in the European Union also have that flexibility and are using their vehicles when it comes to cabotage movements in the UK already, and there have been no significant issues.

There was a public consultation on this draft instrument, which ran from July to September 2021. There were 92 responses, with 59% in favour and 6% opposed, the remainder being “don’t know”. We obviously looked at the rationale and concluded that we were content to go ahead with that.

The only other thing to point out about the statutory instrument is that the regulations will include a requirement for the Secretary of State for Transport to conduct a review of them on a five-yearly basis, because there will be a rapid development in technology and they may not be appropriate in five years, for whatever reason. It is important to include that—but, otherwise, I see this as fairly straightforward, and I beg to move.

[Baroness Randerson (LD)]

My Lords, I thank the Minister for her explanation. I understand the need for these changes for practical reasons, to develop and enable the rollout of the new generation of HGVs. I also realise that, as the Minister referred to just now, this measure is part of our international obligation derived from the TCA, if we want our goods vehicles to be able to operate abroad. But the Minister would be very surprised if I did not have some questions and comments.

She mentioned articulated buses, but what about non-articulated buses? I remember, about seven or eight years ago, having a ride on a prototype electric bus in the Westminster area, where it was made clear to us that there was a special dispensation for this bus. It was a two-level bus, not a single-storey bus. They made it clear that, because the battery was so heavy, there was a special dispensation to allow this bus to operate in the London area because of weight limits. Technology moves on and batteries may not be as heavy now, but it would be interesting to know where we are, because an awful lot of electric buses are being ordered at this moment.

That leads me on to an obvious question—to ask the Minister what we are talking about in terms of the number of goods vehicles, at which this is largely aimed, on our roads at the moment. Several paragraphs in the Explanatory Memorandum talk about this being the early stages of development, but we hope that this development is going to roll out very quickly, and it would be a good thing to have some kind of measure of what is happening at the moment. There will be—and this is severely underplayed in the Explanatory Memorandum —a cumulative impact on road structures, which are bad enough already in Britain. People are always complaining about the potholes and road surfaces, and there will be an impact on them.

Were the views of National Highways sought? Obviously, this will have an impact on its finances. Despite its name, National Highways is not in charge of motorways in Scotland and Wales, so were the views of the devolved Administrations sought? Looking at paragraph 10.4 of the Explanatory Memorandum, I think they probably were not asked. Of course, local authorities are in charge of local roads, and I am also interested in their responses about the impact of vehicles such as this on their road surfaces. The roads in the local area around a heavy goods vehicle depot are going to get quite a pasting over time.

I note that the consultation was two years ago. Why has there been a delay this long? Bits of the Explanatory Memorandum sound a bit out of date. It talks about the technology being in an “early stage”, but things have moved on a lot since then. However, in paragraph 12.3, the EM mentions

“potential changes in accident severity”.

This is a very serious issue, because heavier vehicles are more likely to kill when involved in an accident. The EM suggests, obliquely, the potential need for additional training and familiarisation, which could have a financial impact for businesses. Has any thought been given to formalising the need for additional training for the drivers of these bigger vehicles?

Before I move to my final point, I will mention the issue of road surfaces. I am stretching this a little, but I am sure the Minister saw coverage of the collapse of a multi-storey car park in America. That story led to a debate in the press about the impact of heavier vehicles—in that case, it was obviously cars and small vans. There will be a case for looking at and reinforcing our infrastructure. The Minister is clearly aware of it because she referred to the impact on bridges. Has the department looked at the impact on multi-storey car parks? Is there a programme to ensure that, before this technology is rolled out to a large percentage of people, the safety of car parks is reassessed?

My final point is that the impact on road surfaces and the possible training implications of this measure mean that there should have been an impact assessment and consultation with the devolved Administrations.

[Baroness Taylor of Stevenage (Lab)]

I, too, thank the Minister for setting out the basis of these important regulations, which are fairly straightforward on the face of it. As she said, transport is our economy’s biggest greenhouse gas-emitting sector and a huge amount of those emissions come from HGVs. The issues around commercial viability and making sure that there is no commercial disadvantage to those vehicles because they have an inherent weight disadvantage built in are also really important.



We have no objection to these regulations in principle. We also understand that the extensive consultation with the industry took place in 2021, with 59% of respondents in favour. However, to add to the comments of the noble Baroness, Lady Randerson, this consultation was carried out over two years ago. In view of the urgency of tackling the climate emergency, can the Minister shed any light on why the regulations are only now being introduced? Was National Highways consulted on the regulations and on the long-term impact on the national roads infrastructure, which may be considerable?