HGV Fly-parking: Kent

Debate between Helen Whately and Robert Flello

Wednesday 7th September 2016 Westminster Hall

[Helen Whately]

I thank my hon. Friend for her support. We both experience problems with fly-parking around Maidstone.

A huge number of lorries pass along the M20 and through Kent every day. That number is increasing, and the growth trend is expected to continue. In fact, we should hope that it will, because lorry numbers and freight volumes increase as the economy grows. As that happens, the parking situation is likely to get only worse.

Fly-parking is not only a nuisance, it is dangerous, especially when lorries stick out of lay-bys into fast roads or occupy hard shoulders. Last year, tragically, a 74-year-old woman from Maidstone called Susan Mellor died when her car crashed into a lorry parked on the hard shoulder at junction 7 of the M20 in my constituency. Kent police have shown me footage of officers walking along the hard shoulder to move lorries on. As they do so, cars are pounding past, clearly putting the lives of officers in some considerable danger. The process also takes up material police time. Aside from the dangers, there are the problems of noise from the lorries, particularly refrigerated lorries in residential areas; the significant litter associated with lorries parking up; and—I am afraid there is no nice way to put this—human fouling of verges and areas where lorries park. That is truly disgusting, but it happens because the average lay-by or roadside verge has no facilities for drivers to use.

[Robert Flello (Stoke-on-Trent South) (Lab)]

My apologies for missing the start of the debate; I was delayed at a meeting. I am enjoying the hon. Lady’s contribution, and I congratulate her on securing the debate.

The vehicle recovery operator who goes out to fix a vehicle in a lay-by that is awash with most unpleasant materials is the guy—typically it is a guy, although sometimes it is a lady—who has to lie in that to do the repairs. It is horrible. Does the hon. Lady have every sympathy with people, whether they are from one of the recognised motor clubs or from one of the many recovery businesses throughout the country, who have to lie in that to work on vehicles?

[Helen Whately]

I thank the hon. Gentleman for bringing to life very effectively the unpleasantness of what is on the verges.

[Helen Whately]

I completely agree with my hon. Friend that we need to do more. I will make some suggestions in a moment.

I want to look at this from the perspective of the lorry drivers as well. I am here to represent my Kent residents, but it is also important to understand that there is a challenge for lorry drivers. As my right hon. Friend the Minister will know, they are required by law to take breaks every four and a half hours, and they must record their driving hours on a tachograph. When the time comes for them to stop, they need to stop. Most drivers plan ahead for where they will stop, but all too often the stop they planned to use is full. For example, my hon. Friend the Member for Folkestone and Hythe (Damian Collins) tells me that the Stop24 lorry park in his constituency is often full. If that happens, drivers have to stop wherever they can.

The current situation has been intensified by the problems around Calais, which make drivers very reluctant to stop in that area. They are choosing to stop on our side of the channel, on their way over or on their way back, which is making the problem worse. The situation in Calais may continue for some time. I hope that it will be resolved, but even when it is, we should not think that the problem will go away, because the underlying problem of a shortage of lorry parking spaces in the south-east will remain.

In preparation for the debate, I have spoken to Kent County Council, which is well aware of the problem and working hard to tackle it. Matthew Balfour, the cabinet member for transport, told me that the council is currently doing a survey of the number of HGVs parking overnight across the county, which will update the figures for how many additional spaces are needed. The council is also looking into where lorry parking might be made available. Councillor Balfour also told me that enforcing parking restrictions is a challenge, and the level of fines tends to be lower than the cost of collecting them. A clamping pilot in Ashford was successful, but it proved prohibitively expensive because the cost of carrying it out was much greater than the revenue it brought in.

I have some specific examples. The penalty for parking on the hard shoulder is only £30, which is less than the £50 fine for exceeding safe driving hours. Parking overnight at a truck stop often costs around £21, so from a driver’s point of view, parking somewhere they should not might be a risk worth taking, even when there is room in a service area.

[Robert Flello]

The hon. Lady mentioned the cost of truck stops and all the other fines, but if a driver parks at a motorway service area—quite often, there are no truck stops—that can be considerably more expensive again.

[Helen Whately]

The hon. Gentleman makes an important point. We need to combine available and affordable parking with penalties for drivers who park where they should not park.

The view from my local authority is that in order for it to properly enforce parking in sensible places, current legislation would require it to put up so much signage that there would be a veritable explosion in signage across the country, as well as extra yellow lines. That would be very high-cost and would have an unacceptable visual impact.

On the motorways, physical barriers can be effective, as has been shown at junction 8 of the M20 in my constituency, where permanent bollards have been put up, meaning that lorries are no longer parking on that slip road. However, rather than solving the problem, such barriers only shift it on elsewhere.

Issuing parking tickets is extremely time-consuming for the police. Where lorries are parked dangerously, the police’s priority is to move them along rather than issuing drivers with a ticket, but again that just shifts the problem elsewhere.

Every organisation I have spoken to—Kent police, Kent County Council and the Road Haulage Association—is clear that the current system is not working and has not worked for at least 15 years. While Kent is disproportionately affected, other areas, such as Wales and Essex, are also affected, as my hon. Friend the Member for Cannock Chase (Amanda Milling) said. This is a national problem and not just a Kent problem. Furthermore, it is a national problem because the M20 through Kent is the UK’s main route for international road freight, an industry that is worth about £11.2 billion annually to the UK economy. The Government must surely recognise that this is a serious problem that requires a clampdown.

First and foremost, however, we need more overnight parking spaces in Kent. There are not enough commercial truck stops to meet demand, so there is market failure going on. Having said that, my right hon. Friend the Minister will know how much I welcome the Government’s £250 million investment in the lorry parking area at Stanford West. It should save residents and businesses from the gridlock of Operation Stack, which closed the M20 in my constituency for 32 days last year. In addition, as has been proposed in the current consultation on the lorry park, it may also be used by lorries outside of Operation Stack, providing about 500 overnight parking places. That is absolutely crucial and would go a long way towards addressing the shortage of lorry parking spaces in Kent.

However, there is also a question of timing. I appreciate Highways England’s “stack first” approach on the lorry park at Stanford West; Highways England is working to get it open for next summer. However, I have also been told—albeit informally—that it might be several years before the lorry park is ready for parking outside of Operation Stack, which strikes me as being too long to wait. I urge my right hon. Friend the Minister to make sure that Kent and the country’s lorry drivers do not have to wait so long for more parking spaces. Moreover, the Operation Stack lorry park alone will not solve the problem. If the shortfall in 2011 was 600 places, it is likely to be significantly greater now, and it will only grow further. Also, using just one location is not the answer, because lorry drivers use other routes, or they might need to stop earlier or later, so we need more lorry parking spaces all along the trunk roads through Kent.

Freight organisations have said that planning and funding are major barriers. One suggestion is that parking provision should be a requirement in any major industrial development. Major projects, such as the new lower Thames crossing, are on the way, and I would be grateful if my right hon. Friend the Minister could say what steps he might be able to take to ensure that as road capacity is increased with such major projects, lorry parking capacity is also increased to meet the demand.

In turn, however, that prompts the question of whose responsibility it will be to provide such extra parking. In preparing for this debate, it has been unclear to me quite whose responsibility it is to ensure that there is sufficient provision of lorry parking around trunk routes. I would be grateful if my right hon. Friend could say whether it is Highways England or another agency.

In considering what could be helpfully done to address this issue, we need to make it easier for local authorities, Highways England and the police to enforce parking control. Local authorities need to be able to restrict parking in inappropriate places without extensive and costly signing and lining. The police would like police officers and Highways England enforcement officers to be able to direct lorries to move on to a particular place, such as a lorry park, so that they can actually solve the problem when a lorry is parked illegally rather than just shifting it along to another lay-by. At the moment, no sooner do they move a lorry on than it goes and stops somewhere else that it should not stop, and another lorry comes along and fills the place that it has just moved on from, which is a pretty frustrating process for them.

Once sufficient parking provision is in place, I would like the Department for Transport to consider increasing the fines for fly-parking, because it is clear that the current fines are not an effective deterrent. I am not saying that we should increase the fines while there is a shortage of legitimate parking places, but once there is sufficient parking capacity it would make sense to ensure that there is also a sufficient incentive for lorry drivers to use it, even though they are likely to have to pay some level of charge for it.

Local authorities have told me that they need greater powers to collect fines, particularly from foreign-registered lorry drivers, who constitute the majority of lorry drivers using the trunk routes, although I should make it clear that it is not thought to be exclusively foreign lorry drivers who are parking in the wrong places. Judging from the evidence I saw with the police, a mixture of foreign and British drivers do that. Nevertheless, one suggestion from a local authority is that foreign lorry drivers could be prevented from crossing the channel if they have an outstanding parking fine.

To make things really simple for lorry drivers, once there is sufficient parking capacity, could there not be some kind of complete ban on HGVs parking for prolonged periods other than at an authorised truck stop? Then it would be really clear that lorry drivers were not allowed to park up for their official rests unless they were in an authorised place.

While I was looking into all of this, it struck me that there is some level of confusion about who is responsible for what, and that there are various hand-offs between the different parts of the road network. What is a police matter, what is a matter for Highways England and what is a matter for local authorities? I wonder whether there is any way of simplifying that framework and having a single organisation that is responsible for the enforcement of lorry parking.

I have a final request to make of my right hon. Friend the Minister. Could he meet Kent County Council and other stakeholders to discuss the problem? That is particularly important now, because there is an opportunity to take a strategic overview of the entire road network across Kent, taking into account the projected increases in traffic and the impact that the new lower Thames crossing is likely to have on roads that are significantly downstream of it. I hope the Government will take that opportunity, because this issue is not just about Kent; it is about making sure that we have a road infrastructure for the whole country that is fit for the future.