Haulage Permits and Trailer Registration Bill [Lords]

Karin Smyth Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Monday 14th May 2018 Commons Chamber

[Karin Smyth (Bristol South) (Lab)]

It is an honour to follow the right hon. Member for South Holland and The Deepings (Mr Hayes). I will try my best to emulate some of what he tried to say.

I welcome the opportunity to discuss the merits of trailer registration and to highlight the rationale and importance of clause 13(3), (4) and (5) and clause 14 (3) and (4), as amended in the House of Lords, and I am grateful to the Secretary of State for his earlier comments. The subsections require the Secretary of State to collate comprehensive data on the number and nature of trailer-related road accidents in the UK, and to include those findings in a report. I welcome that, because the Department for Transport’s current reporting methods do not give us a true picture of the risks posed by light trailers in this country.

The subsections also give the Secretary of State the power to introduce compulsory trailer registration and mandatory testing of trailers weighing more than 750 kg. I accept that as a long overdue step towards improving trailer safety—although it is a compromise—but my work on the issue over the past three years has drawn me to the overwhelming conclusion there ought to be a compulsory register of all trailers weighing less than 3.5 tonnes, and that they should be subject to regular testing. I shall say more about that later.

My interest in trailer safety began soon after I was elected to this place in 2015, when my constituents Donna and Scott Hussey came to see me about their son, Freddie, who had been tragically killed in January 2014. Three-year-old Freddie and his mum were walking along the pavement when a two-tonne trailer came loose from a Land Rover, sped straight towards Freddie, and killed him. The trailer’s tow hitch had not been secure, as the position of its handbrake had prevented it from being locked down.

If the trailer had been subject to mandatory roadworthiness checks, the problem with the hitch might have been fixed and the tragedy might never have happened. Currently, trailers weighing less than 3.5 tonnes, known as categories 01 and 02 or “light” trailers, are not required to have any such roadworthiness test, although trailers and their vehicles must be roadworthy when used on the road under section 40A of the Road Traffic Act 1988. That is a loophole: without the licensing and hence the testing, there is no enforcement system.

I do not need to tell the House that the family continue to suffer a life sentence because of the horrific events of that day. However, I have been inspired by their courage and resilience, and we have been working together on a campaign to improve trailer safety ever since.

In the last three years, I have initiated a Westminster Hall debate and had meetings with two transport Ministers: the hon. Member for Harrogate and Knaresborough (Andrew Jones) and the current Under-Secretary of State for Transport, the hon. Member for Hereford and South Herefordshire (Jesse Norman). I have held two trailer safety summits, which were attended by representatives of key national organisations and Government agencies; I have spoken at the National Trailer and Towing Association’s annual conference; and I have met various experts with insights into trailer safety, including members of my local police force. The result has been the #towsafe4freddie campaign, launched by the Driver and Vehicle Standards Agency to raise driver awareness, and an awful lot of hard work by the National Towing Working Group, spearheaded by Highways England and others. The National Trailer and Towing Association has set up a free trailer safety-checking initiative, and Avon and Somerset police have begun trailer awareness training for officers to enable them to spot unsafe trailers on the road.

That work commands cross-party interest and support. I am grateful to the Ministers for their attention to the issues, and for meeting the Hussey family: that meant a great deal to them. I am also grateful to the hon. Member for Hereford and South Herefordshire and his team for attending my trailer summit in Bedminster last month, and for his willingness to engage with the experts. Despite that good work, however, we continue to underestimate hugely the safety risk posed by unchecked light trailers on our roads—which brings me to the Bill, and its importance.

Part 2 of the Bill deals with the establishment of a trailer registration scheme that would allow UK trailer users to meet the registration standards outlined in the 1968 Vienna convention on road traffic. Registration is critical to trailer safety, because it constitutes an essential requirement for regular safety checks, and prevents unsafe trailers from being sold and resold. However, non-commercial, leisure-use trailers weighing less than 3.5 tonnes do not fall within the scope of the Bill, because they are not included in the convention. I believe that that is a missed opportunity.

In Committee in the House of Lords, Lord Bassam tabled a probing amendment that called for the registration scheme to apply to all trailers weighing less than 3.5 tonnes.

He referred to the Government’s impact assessment, which stated that the Bill represented

“an opportunity to improve safety through better regulation",

and asked why the Government would not take advantage of it to widen the scope of the scheme. That raised an important point. The Driver and Vehicle Licensing Agency’s digital service is now in place to facilitate the registering of trailers. It presents a good opportunity for the registration of all trailers, not only those weighing more than 3.5 tonnes. The Government fear that expanding the scheme would create an unnecessary administrative burden, but that needs to be balanced against the dangers posed by these vehicles. I remind the House that Freddie Hussey—aged just three—was crushed by a two-tonne trailer, heavier than the average car.

The issue of “proportionality” arose several times in the House of Lords, which is why, should the report referred to in the Bill conclude that trailers ought to be registered and subject to mandatory safety checks, the rule would apply only to trailers weighing more than 750 kg. That is a compromise. It is still very much my view—based on evidence that I have seen—that faulty trailers weighing less than 750kg represent a huge safety risk, which is why I believe that all trailers should be registered and checked.

I was delighted that the Lords supported the amendment that compels the Secretary of State to collate comprehensive data on the number and nature of trailer-related road accidents in the UK, and to include those findings in a report, but the key word is “comprehensive”. It would not be good enough for the Government to commit themselves to a report, but to give us what already exists. I would welcome the Minister’s clarification of how the Government will define “comprehensive” and how his Department will go about collecting the data. I am certainly not alone in believing that data on the safety of light trailers is currently lacking. During the Lords debate, Baroness Sugg, speaking for the Government, admitted that, having looked at the Department for Transport’s road accidents report, she agreed that the Government could and should consider the way in which they report trailer safety, and that it could “definitely be improved”. I welcome that assertion.

In the report, the Department highlights the huge gaps in the data that they currently collate for road accidents generally. They include only accidents that are reported to the police, that involve a personal injury, and that occur on public roads. The true number is of course much higher. The report states:

“These figures…do not represent the full range of all accidents or casualties”

in Great Britain, and goes on to describe the large proportion of non-fatal casualties not known to the police.

[Jim Shannon]

The hon. Lady is talking eloquently about safety in relation to trailers and vehicles. We must have a high level of safety, so does she agree that those with licences from other countries, such as eastern Europe, should have the same high driving standards as our drivers in this country? Some, although not all, of the events the hon. Lady has been talking about involve drivers from other parts of Europe who do not have the driving skills that they should have.

[Karin Smyth]

I agree that we want all drivers to be of the highest standards. I cannot comment on the number of accidents caused by trailers that involve drivers not of that high standard, but in the work I have done over the last three years I have been shocked to discover how many trailers, in agriculture and across the piece, on our roads do not meet the requirements we would ordinarily expect, and I hope this Bill helps to improve that situation.

The current method of reporting a road accident means that there is no real way of knowing whether, and how, a trailer contributed to an accident. The details of incidents involving trailers are largely dependent upon the subjective viewpoint of the police officer on the scene, which the Department’s own report admits poses difficulties. The STATS19 form filled in by the officer is complex and gives 78 contributing factors for them to choose from. We currently have several police forces testing new reporting systems because of the huge inaccuracies and the inadequacy of this method.

In contrast to the statistics on trailer-related incidents presented by the Department for Transport, a growing body of evidence from industry organisations and case studies indicate the true scale of the problem. In July 2017, the National Trailer and Towing Association introduced the free safety checks initiative, the first of its kind in the UK, in which light trailers are offered a free inspection at members’ premises. Since rolling this out it has found an astonishing 93% failure rate. I hope the work being done will help highlight to Members that they can encourage people in their constituencies to take advantage of these free safety checks and promote their use. Avon and Somerset police have also been carrying out checks and they broadly substantiate these findings; the failure rate is very high.

These initiatives further highlight that what is needed are checks on these vehicles in order to prevent accidents, and not purely the collection of data on vehicles once they have been involved in an accident. With an estimated 2 million light trailers on the road, a large proportion of which are many years old, it is not unreasonable to assume that a significant amount would fail a roadworthiness test. All cars, which in many cases are lighter than trailers, are subjected to rigorous MOT testing each year, so by what logic can the Government argue that trailer safety checks are not integral to improving safety standards?

It is my sincere hope that the Government will accept the measures discussed as an opportunity to move this issue on and demonstrate their commitment to preventing further tragedies such as Freddie’s from happening in the future. We can only do that if we have clearer data on light trailer safety so that the Secretary of State can make an informed decision on whether we ought to have mandatory registration and checks.

In summary, I am grateful for the comments and the work of the Secretary of State and the Minister on this issue and for clauses 13(3), (4) and (5) and 14(3) and (4), but how will the Government define what is “comprehensive”? Also, will the Department initiate new ways of collating data on light trailers beyond the STATS19 form? How does it plan to gather such data? Finally, how does the Minister plan for the data to be gathered to meet the timeframe set out in the Bill—one year from the day the relevant section comes into force?

--- Later in debate ---

[Sammy Wilson]

When people talk about infrastructure, they think of red and white posts on the roads across the border. The one thing we know—I do not want to digress too much—is that during the troubles 50,000 troops could not seal the Irish border. If we think we will seal the Irish border to trade with a couple of barber’s poles across a road, we are barking up the wrong tree. That shows a total misunderstanding.

The infrastructure that would be involved is used elsewhere and has been proven, whether it is GPS, telephones, early notification or electronic notification that trade is moving. There are a whole range of things that do not require a physical presence on the border, and that technology could also be used at Dover to avoid the kinds of problems highlighted by the hon. Member for Middlesbrough (Andy McDonald). It is not just a solution for the island of Ireland but a solution between the United Kingdom and the EU when we leave.

[Karin Smyth]

I fail to understand why there is no co-operation, when 5.2 million tonnes of trade is going north-south and 3.4 million tonnes of trade is going south-north—I think that is the right way round. The movement of freight across the island of Ireland is clearly critical to both economies. It might help the right hon. Gentleman if we had the results of the mapping exercise mentioned in paragraph 47 of the joint report on phase 1 of the negotiations. There are 140 areas of agreement across the border, but the Government are refusing to let us see the results of that mapping exercise so that we can really understand the true impact across the whole island.

[Sammy Wilson]

The hon. Lady also has to understand that, although there may be 5.2 million tonnes of trade across the Northern Ireland-Irish Republic border, there is six times more trade between the Irish Republic and Great Britain. Yet that does not seem to exercise the minds of those in the Government of the Irish Republic even a little bit, and none of us can understand that. The big prize lies in finding a solution that allows that east-west trade, as well as that north-south trade without any impediments. I believe we have the technology and ability to do that, but the political willingness is not there.

I want to welcome a second thing in relation to Northern Ireland. In the absence of the Northern Ireland Assembly, the Government have, in clause 12, taken it upon themselves to amend the legislation; many of these issues are devolved to the Assembly, which is not functioning at present. I suspect it will not function for many a long month or perhaps a year, because of the way in which Sinn Féin has now used its veto to prevent the Assembly being reformed. The Minister mentioned that a legislative consent motion would be sought. In the absence of an LCM, I take it that these powers will simply be taken by the Government.

Many Members have made this next point already, but it is worth noting. In the absence of knowing exactly where negotiations are going, and given the nature of some of the information that is required, I would not expect the detail of the scheme to be set out in the Bill. However, it is important that, at the earliest possible stage, people in the haulage industry know how many licences are going to be available, how they can apply for them, how they are going to be allocated and what is going to be paid for them. If some detail can be spelt out, even though it may not be in the Bill, that would give some certainty to the haulage firms that operate in my constituency.

I shall now turn to the part of the Bill that refers to trailers. We have heard some passionate speeches on that subject—from two Members in particular. As a result of personal tragedies in their constituency, they are concerned about the registration of trailers. The Bill is fairly ambiguous on this matter, simply talking about the registration of trailers, full stop, and not dealing with weight restriction, size or anything else. Despite personal tragedies that people may have faced, legislation must always be proportionate. I would like an assurance from the Minister that the ordinary guy who has a trailer that he uses to take stuff to the dump or uses to collect a few bits and pieces will not be required to go through the process of having the trailer registered and inspected on a yearly basis, with all the cost involved, especially as many of these trailers are used on only an occasional basis. Trailers over 3.5 tonnes, which are used commercially, are probably used more regularly and there is a case for having registration there, but I do not believe that there is a proportionate case for registration for ordinary domestic trailers, which would be affected if we extended this across all trailers.

I welcome the Bill. I welcome the fact that the Government are sending out a signal that, if Barnier and co. decide to dig in their heels, we are prepared to go our own way and that we have made preparations for it. At the same time, we believe that there is a strong case for continuing the current system of Community licensing so that firms that operate a vital part of our economy can continue to provide the service that they do now.

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[Jesse Norman]

I recognise the quality of that scheme, and I have spoken personally to the National Caravan Council to discuss it. My hon. Friend will be aware that the vast majority of caravans will not be within the scope of the new scheme as we are currently defining it. Indeed, the DVLA scheme will not concern security, which is the principal purpose of the CRiS regime. We have no intention to replace CRiS, so I do not see that it needs to have any concerns or fears on that account.

I can confirm that the Bill will not have an impact on border arrangements and that there will be no new transport-related checks at our borders. That is perfectly plain. Separately, my Department is working closely with the Department for Exiting the European Union and with Her Majesty’s Revenue and Customs as part of the cross-Government borders working group to manage any impacts there may be on borders after we leave the EU.

Stakeholders have welcomed the Bill and recognised the need for it. As has been noted, the Freight Transport Association and the Road Haulage Association have given it their support. The Road Haulage Association has said that it “wholeheartedly supports” it and that it is “the right thing” for the Government to be preparing measures for all scenarios. The Freight Transport Association has welcomed the Government’s objective in ensuring that no limits are set on the number of goods vehicles going between the EU and the UK. The Bill provides a framework that should reassure hauliers that the final Brexit deal agreed with the European Union will be smoothly implemented.

With that in mind, let me move swiftly on to some of the many excellent points raised during the debate. As ever, the informed questions, challenges and arguments that we heard are welcome in helping us to strengthen the Bill, and I greatly appreciate the broad support shown for the ambition and energy behind it.

The hon. Member for Middlesbrough (Andy McDonald) asked whether the Bill would deter investment. I simply draw his attention to the fact that, as the Secretary of State said, Vauxhall, Toyota and UPS have recently made investments in the haulage and car industries, while Apple, Facebook and many other international businesses continue to invest in this country. He mentioned concerns, also raised by my hon. Friend the Member for Waveney (Peter Aldous), about the impact on the music industry. We will look specifically at that issue in more detail, and I am sure I can provide some reassurance on that front. I have mentioned the support that we have already received from the RHA and FTA.

I am grateful to my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) for sharing his expertise and for the wisdom he brought to his speech. He made a good point about the importance of the Bill in providing protection against over-zealous enforcement—a point that others did not pick up on—and the extent to which it therefore gives reassurance to people who may already be vulnerable. He asked whether plates could be fitted that could be read by ANPR. That will be part of our wider considerations. We will also consult on the display of plates in order to address the other matter that he raised. That will require tweaking or elaboration within new IT systems, but that is well within the scope and capability of the DVSA and the DVLA.

My right hon. Friend the Member for South Holland and The Deepings made a worryingly restrained speech in which he chastised himself for his excessive humility in recognising his own perspicacity and imagination. I am delighted that he was able to correct that on the record in the House, and I thank him for his unwonted brevity in doing so. He made an important point about the recruitment and retention of new drivers and apprentices within the industry. I am sure that he shares my view that the Road to Logistics initiative offered by the RHA potentially offers an important and interesting route forward for the Government in future.

The most important speech of the evening, if I may say so, was made by the hon. Member for Bristol South (Karin Smyth). I absolutely salute her work on trailer safety. She has built a reputation across the House for the careful, intelligent and dedicated way in which she has pursued the issue. It was an honour for me to be able to visit her constituency and spend time at the trailer safety summit that she recently organised, and also, of course, to meet Donna and Scott Hussey, the parents of Freddie Hussey, to talk about the experience they have had and measures that we can take to address the issue. We have agreed to report on it within a year of the regulations coming into effect.

As the hon. Lady will know, we have also agreed to consider a recommendation on whether to extend registration. I think it is fair to say that, as she pointed out, the Government currently have quite extensive data through agencies. It is not necessarily, in some cases, the right data to solve the issues that she described, but it is good data. It is also fair to note that, as other colleagues have mentioned, some trailers are used very infrequently, and that extending the scope of the scheme to mandatory registration would potentially include well over 1 million more trailers. We have therefore so far taken the view that given the administrative burdens and other issues that would be involved, a proportionate approach needs to be taken. However, I do not in any sense rule out the proposal that she makes. It is important for us to proceed slowly and carefully and to understand the issues in more detail as we do so.

[Karin Smyth]

I thank the Minister for his comments. I know that he knows that I will pursue the trailer safety regime with great vigour. I hope that many hon. Members will support me in that work in the coming months and years.

[Jesse Norman]

I am grateful to the hon. Lady for that reassurance, but I do not think it was required by anyone in the House who has seen her at work.

The right hon. Member for East Antrim (Sammy Wilson) made an important speech in support of the Bill. He asked why we think the agreement will be doable. The answer is simple: because the interests of both parties are well aligned. I cannot comment on the views that will be held in the Irish Republic. This Bill addresses UK hauliers. I can say, however, that the Bill will not result in any impediment to trade between the two sides. We see no reason for concern on that front.

My hon. Friend the Member for Brentwood and Ongar (Alex Burghart) mentioned the 1968 Vienna convention. We are now a signatory to that. However, like many other contracting parties, we do not take the view that the testing and use of autonomous vehicles is in conflict with either the ’68 convention or the ’49 convention. Nevertheless, it is an important question and I thank him for raising it.

We have heard contributions relating to Operation Stack, on which we will be publishing a response shortly.