HGV Driver Regulation

Jesse Norman Excerpts

Wednesday 11th October 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Jesse Norman)]

It is an honour to serve under your chairmanship, Ms Buck. I congratulate my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this debate on the important topic of the regulation of HGV drivers who sleep in their vehicles.

I am well aware of the scale of the challenges posed by the volume of lorry traffic in certain parts of the country, particularly Kent. We all know that road freight is a critical factor in the success of our economy, accounting for more than three quarters of all goods moved around the country. It is not just a direct enabler of economic activity but an important employer. Drivers alone—this does not speak to the rest of the haulage industry or the supply chain behind it—number something like 300,000 in this country. It is an important part of the UK economy. Alongside the industry, we as a Government must acknowledge the effects and the importance of that economic activity, and the way in which the industry interacts with other road users, communities and the general public, who have a stake in policy outcomes.

I shall address this topic in two ways. My hon. Friend the Member for Sittingbourne and Sheppey highlighted both the specific issue of drivers taking rests in their vehicles, particularly in inappropriate locations such as lay-bys, and the wider but closely related question of the inappropriate parking of HGVs. I acknowledge the work of my hon. Friend the Member for Faversham and Mid Kent (Helen Whately), who secured a previous debate about fly-parking, the negative effects of which are inevitably worsened by drivers sleeping in their cabs, because of the length of time involved.

We recognise that, in many cases, it is a perfectly acceptable option for a driver to spend a night in his or her vehicle. It is understandable that many drivers would prefer to spend a night in a sleeper cab—I discovered when I visited Keltruck in my constituency the other day that that can be a familiar and even comfortable place—rather than a cheap motel, a house in multiple occupation or other interim accommodation. However, although an overnight rest in the cab is a legitimate and established industry practice, we must draw the line somewhere. We are clear that it is not acceptable for a driver to take his or her full weekly rest—at least 45 hours—in the vehicle. Drivers should not spend an indefinite period driving and resting at their place of work—their lorry.

Hon. Members will be aware of the difficulty that the haulage industry is having recruiting new and, especially, young drivers. The Department is actively supporting it with that issue. Such practices do not support the industry’s efforts to convince young people that commercial driving is a good-quality job, a well-paid occupation worthy of their commitment and a good career choice.

Although HGVs parking in inappropriate locations, such as lay-bys, is always likely to be problematic in some respects—I will come to that question shortly—it is particularly troubling when they do so for 45 hours or more. That amounts to a driver effectively living by the roadside, for the most part without even basic toilet facilities, for several days. That practice has obvious environmental impacts on local residents and other road users, and it places financial burdens on local authorities, which literally have to clean up the mess. I know that there have been such problems in the constituency of my hon. Friend the Member for Sittingbourne and Sheppey and in lay-bys on the A249, not just because he said so, but because the Department has tracked those issues for some time.

The prohibition of that form of cab sleeping is also an important road safety measure. Mandatory weekly rest periods of 45 hours are a fundamental provision of the drivers’ hours rules, which guard against driver fatigue and seek to protect road safety. I am pleased to say that the Driver and Vehicle Standards Agency already has well-advanced plans to step up its enforcement activities to address that issue. From the first of next month, drivers caught taking their full weekly rest in their vehicles may be issued with a financial penalty of £300. Where appropriate, they may also be required to restart their weekly rest period, which we believe should be a significant deterrent to operators that are involved in such behaviour, since it will put contract delivery at risk, with potentially significant financial implications.

Enforcement officers will act proportionately. This is not about waking up drivers in the middle of the night where they are parked in proper facilities in a law-abiding way; it is about deterring problematic behaviour, particularly in certain areas. We will require the DVSA to join up with local police forces, including in Kent, as illegal cab sleeping often goes hand in hand with illegal parking. We recognise that employers, many of which are based overseas, as my hon. Friend highlighted, often encourage or condone their drivers sleeping by the roadside, so it is important that the DVSA also links up with its counterparts abroad to hold culpable operators to account. The DVSA’s current risk-based system for assessing operators needs to be extended.

[Gordon Henderson]

I accept everything that the Minister has said, but does he recognise that a £300 penalty is not as much of a deterrent as the £26,000 penalty in France? That leaves British hauliers who have to operate overseas at a disadvantage.

[Jesse Norman]

I am grateful to my hon. Friend for his intervention. The genius of the debate is not merely that he has anticipated work already under way but that he has anticipated the next phase of work. I am aware, and the Department is aware, that commercial vehicle offences incur higher financial penalties in some neighbouring countries, as he said. We are looking hard at increasing those penalties, potentially up to £3,000 for the most serious offences from a road safety perspective such as the manipulation of tachographs. I hope he will agree that that goes some considerable distance towards meeting some of the issues he has raised, particularly in cases where there are multiple offences across a fleet, and in conjunction with the delay I have already mentioned to a potential contract through restarting the rest period.

I come to the broader question of inappropriate parking, which is inextricably linked to this debate. We recognise that even when spending the odd night parked is fine from the driver’s perspective, if it is done in the wrong location it can still be problematic for the local area. A number of colleagues will have heard my predecessor in this portfolio, the Minister of State, Department for Transport, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes), debate and discuss the issue of fly-parking by HGVs in Kent. I take this opportunity to reassure hon. Members that that issue, which has been highlighted today, remains firmly in our sights.

Since my right hon. Friend spoke on the matter, a number of measures have been taken forward. I am pleased to note that at the end of this month, Kent Council, with the Department’s support, will launch an innovative new enforcement approach on a trial basis by implementing an overnight parking ban on a stretch of the A20. As part of the trial, it will pilot a policy of clamping first time—immobilising vehicles immediately, instead of waiting until multiple offences are committed. I will watch the outcomes of these measures in Kent carefully—it is an important trial—with a view to sharing and promoting successes that may come out of that.

[Gordon Henderson]

While I welcome the trial, the Minister will recognise that clamping down on lorries on the A20 will just move them to the A2 and A249, which will probably exacerbate the problem in our area.

[Jesse Norman]

I recognise the point. The question really is not just whether the trial has that effect—that would be an important outcome—but whether, even adjusting for that, it has deterrent effects. Obviously, as successful as such measures may appear in a trial, they will work only if they can be rolled out across a locality. It will be a wider general enforcement power that will create the genuine incentive to change. Of course, there must be alternatives available in a way that assists the process, and I will come on to that shortly.

So far, I have mainly talked about enforcement-based responses to the problem. Much of this antisocial behaviour is in fact illegal and enforcement is therefore an appropriate and logical response. It is often the case that less responsible hauliers—many of them are based overseas, as my hon. Friend mentioned—encourage their drivers to park up by the side of the road instead of paying for them to use proper facilities. However, we must also recognise that such matters cannot be separated from the wider issue of the shortage of lorry facilities more generally. That point was rightly made by my hon. Friend the Member for Cannock Chase (Amanda Milling).

My predecessor directed a new survey to be undertaken to understand the scale of the issue. My Department will publish the results shortly, but I inform hon. Members that the situation appears to have become—as many knew or suspected—more acute since the last such survey was undertaken in 2011. It will come as no surprise to hon. Members who represent Kent that that county has again been identified as a hotspot for inappropriate parking, and that proper lorry parking facilities in that county are already largely at capacity. That is also the case in several other parts of the country. It is therefore clear that, in certain areas, enhanced enforcement must go hand in hand with more, and better quality, formal parking sites.

The information collected by the new survey will help local authorities to understand better the parking needs in their areas and, we hope, to make planning decisions accordingly. I know that Kent County Council is already investigating where additional provision is most needed in the county, and Highways England is working closely with it. I am also examining how the Government can best assist local authorities in encouraging additional provision of lorry parking more generally. I will inform the House of my intentions in that area in due course.

My hon. Friend the Member for Sittingbourne and Sheppey rightly raised Operation Stack, which is an important part of the Government’s planning. As he will be aware, the matter is currently the subject of a judicial review, which has slowed down the process and forced us to consider the interaction between the Stack elements and the wider issue of fly-parking more generally. We wish to resolve the whole thing on both sides in a satisfactory way, and we will make—and in due course announce to the House—plans for contingency arrangements to accommodate that. It is important that he realise that we also understand, as a separate matter, the importance of providing separate facilities irrespective of what transpires with Stack; I want to give him comfort in that regard.

We are undertaking essential contingency planning to cope with all eventualities, but we also need to recognise the issue more widely, in Kent and nationally. I thank my hon. Friend for this highly constructive debate, and I thank hon. Friends and colleagues across the House for their valuable contributions.

Question put and agreed to.