HGV Driver Regulation

Debate between Gordon Henderson and Amanda Milling

Wednesday 11th October 2017 Westminster Hall

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

I beg to move,

That this House has considered regulation of HGV drivers sleeping in their vehicles.

I am grateful for the opportunity to raise this issue, which is of great concern to hauliers and residents in my constituency. I will touch on three important and closely related aspects of this growing problem: first, how the regulations are enforced; secondly, the effect on my constituents of parking by heavy goods vehicles; and, thirdly, the lack of suitable off-street parking for HGVs in Kent.

One of the problems that British hauliers face is the lack of parity between the United Kingdom and other parts of Europe in the way in which the existing regulations are enforced. That disparity results in an indirect and unfair cost on British haulage companies operating in Europe, while providing an advantage to European companies operating in the United Kingdom.

It is illegal for drivers to spend their weekly rest period, otherwise known as their 45-hour rest period, in the cabin of their truck. Those who do not sleep in suitable accommodation are deemed not to have taken their rest, and fines can be levied against both the driver and the transport operator. That, however, is not being properly enforced here in the United Kingdom and, where enforcement action is taken, fines of only £300 are being issued.

Compare that with the much larger fines available to the authorities in other countries. In France, for example, lorry drivers can be fined as much as £26,000 if they are found sleeping in their cab by the side of the road. In May this year I understand that the Germans introduced a policy of fining drivers who are found taking their regular rest in the cabin of their lorry: £54 for every hour that they fall short of the necessary rest and £160 for the haulage operator.

Hauliers in my constituency are upset that EU-based operators use our lax enforcement of the 45-hour rest period to gain a commercial advantage. They do so by getting their drivers to park their HGVs in the United Kingdom over the weekend, ready to start the new working week here without having incurred overnight accommodation costs.

UK hauliers, however, if they try to gain a similar advantage by strategically parking their vehicles on European Union soil over the weekend, have to pay the additional accommodation costs required by the legislation or risk being hit with the punitive fines I referred to earlier. The effect of that discrepancy between enforcement and penalty in the United Kingdom and the arrangement in many other countries is to increase the cost to UK hauliers of doing business in Europe, while allowing foreign hauliers to operate more cheaply here.

My second point relates to the effect that that uncontrolled and illegal lorry parking has on my constituents. Stricter enforcement in other European countries ensures that roads in much of the continent are free from the great ribbons of trucks parked by the roadside that we see regularly in my constituency and in other areas close to the channel ports.

Too often, foreign HGVs park up at the weekends on residential roads, in business parks and lay-bys, and on the slip roads of trunk roads and motorways. Such parking is not only inappropriate but dangerous to other road users. Kent police officers regularly tweet pictures of those vehicles, and I am grateful for the support of Kent’s police and crime commissioner, Matthew Scott, who shares my concerns. In addition to the danger to other road users, there is a health risk to the wider public, because the areas in which the HGV drivers often park lack the most basic toilet or washing facilities.

[Amanda Milling (Cannock Chase) (Con)]

I congratulate my hon. Friend on securing this debate. This issue does not only affect Kent. Travelling up to Staffordshire, HGVs can be found littering the roads, business parks and backstreets of towns, as he described. Does he agree that we need to look at the facilities provided for HGV drivers throughout the country? I appreciate the particular concerns in Kent, but they exist in other parts of the country too.

[Gordon Henderson]

I am more than happy to agree with my hon. Friend. It is a national issue, but she is right that we have a particular problem down in Kent, because we are the gateway to the country, so suffer far worse than anyone else. With regard to the facilities, I will come on to that, so I hope she will bear with me.

As I was saying, there are no washing facilities for drivers to use, and sites are often left littered, creating an expensive clean-up operation for the local authority. Even where parking restrictions apply, taking action is not always simple. When fines are imposed, they are often ignored by foreign drivers who simply do not pay them. In addition, where suitable parking facilities do exist—they are few and far between—the police simply do not have the resources to escort the lorries to those designated areas.

That brings me on nicely to my third concern, which is the lack of suitable off-street lorry parking and of the suitable facilities for drivers that my hon. Friend mentioned.