Trailer and Towing Safety

Karin Smyth Excerpts

Thursday 21st March 2024 Commons Chamber

[Karin Smyth (Bristol South) (Lab)]

It has been a decade since a child was killed in my constituency by a runaway trailer. Freddie was just three years old. A 2-tonne trailer came loose from a nearby car as he walked down the street near his home. The consequences of the unsecured tow hitch were fatal. Shortly after I became an MP, I met Freddie’s parents, in 2016. Since then I have campaigned to improve towing safety standards. I am grateful tonight to have the chance to focus the mind of the current Minister on this important topic, and I thank him for talking with me.

Sadly, not enough has been done over the past three years to ensure that our roads are safe for trailers. Back in 2016, when I first met the family, they had researched previous cases and learned that there were other families like theirs. This was not a one-off, and it could have been prevented if better safety checks had been in place. One example that came to light was the death of a four-year-old boy killed by a trailer that had broken free from a car in the Amber Valley constituency in 2007. The then Minister, the former Member for Poplar and Limehouse, commented at that time:

“Introducing MOT-style tests for such trailers is a possibility that we have considered before, and it is a matter that we keep under review. There have been several such accidents in recent months, and I will certainly consider the matter with officials in the Department to see whether we need to move on that”.—[Official Report, 22 January 2008; Vol. 470, c. 1354.]

The Road Traffic Act 1988 states that it is an offence to drive an unroadworthy vehicle, and we know that there are many trailers on our roads that are dangerous and in need of repair. We need to do so much more to stop further tragedies from happening.

Since 2015, I have met many road safety Ministers, and I put on the record my thanks to the hon. Member for Harrogate and Knaresborough (Andrew Jones), the right hon. Member for Hereford and South Herefordshire (Jesse Norman) and the right hon. and learned Member for Northampton North (Sir Michael Ellis) for their time and support in looking at this issue and working with me and the family. I also thank the current Minister’s predecessors, Baroness Vere of Norbiton and the right hon. Member for North West Durham (Mr Holden), who have reported to the all-party parliamentary group on trailer and towing safety, which I chair.

In those years there have been many successes in the campaign. I held two trailer safety summits—in March 2017 and April 2018—in Bedminster, where the accident happened, involving Freddie’s family and key stakeholders. In July 2017 the National Trailer and Towing Association introduced the free safety checks initiative—the first of its kind in the UK—which meant that, through its network of accredited members, any light trailer could be given a free 10 to 15-minute visual inspection of key points, and a written report completed. The campaign has also worked with the Department for Transport and the Driver and Vehicle Standards Agency on a campaign on driver behaviour and the creation of the hashtag #towsafe4freddie. That brings together vital information about towing safely and has hugely increased awareness of the issue among drivers.

Following my amendments to the Haulage Permits and Trailer Registration Bill in 2018, the Government had to undertake a statutory report into trailer safety, which was published in July 2019. That was a huge milestone in the campaign. The findings of the Government’s report reinforced the urgency of the issue. As part of the actions of the report, the DVSA conducted roadside checks of light trailers between 2019 and 2021. I was able to join such a roadside check near Bristol.

From the report, we know the horrifying fact that half of all light trailers are non-compliant with safety standards. I was deeply shocked and concerned to learn that 40% of those vehicles were so dangerous that they needed immediate repairs. When people think of towing, they often think of caravans, but we know from the data that caravans and responsible commercial companies are not the issue; it is personal light trailers that contribute to these shocking statistics.

The Government know that a disgraceful number of vehicles on our roads are deeply unsafe—their own statutory report tells them that—so why have they failed to act on that information or to progress the work from the report that they said they would do? Following the statutory report in 2019, the right hon. and learned Member for Northampton North, then Minister of State at the Department for Transport, said that a “focus must be maintained on driving up the safety of these trailers.”—[Official Report, 18 July 2019; Vol. 663, c. 62WS.]

That is absolutely imperative.

My ask of the Minister is that trailer safety be put at the forefront of the agenda once more. That is because trailer safety is a key part of safety on our roads. The potentially deadly consequences of unsecure trailers demonstrate the need for mandatory safety checks on trailers and formal testing for those using them. The statutory report made the case for that clearly: it recommended considering “revisions and improvements” to the test that drivers use to undertake in order to hold a licence to tow light vehicles—the so-called B+E test. With one in two light vehicles on our roads unroadworthy, that knowledge and training is paramount.

As the former Minister stated in 2019, in his response to the report

“there is further work in this area which the Government will take forward.”—[Official Report, 18 July 2019; Vol. 663, c. 62WS.]

That was set out in a work programme from the statutory report. Those were actions that I and the APPG, working closely with industry, officials in the Department and Ministers, were happy to see progress. I thank all those officials for the work they did.

Yet following the 2019 election, we have had a complete U-turn. I was appalled and horrified when in 2021 the Government introduced a statutory instrument that scrapped the towing test altogether, meaning that any driver with a standard B driving licence could tow without further instruction on how to do so safely. This was a reckless decision with potentially dangerous consequences. According to Department for Transport data, 30% of people who have been trained and tested fail, yet we are now unleashing thousands of untrained, unsafe and unqualified drivers of trailers on to our roads.

[Lilian Greenwood (Nottingham South) (Lab)]

I congratulate my hon. Friend on her dogged pursuit of this issue. I wonder whether, knowing the appalling state of many of our roads in this country—

--- Later in debate ---

[Lilian Greenwood]

That took me by surprise. I was wondering whether the state of our roads, which many people are aware of, adds to the danger posed by the issues with trailers and driver awareness that she has set out.

[Karin Smyth]

My hon. Friend makes an excellent point. Yes, if the trailer is not towed safely, any damage in the roads—road bumps, potholes and so on—will add to the stress on trailers. That could have more lethal consequences.

The Government’s own impact assessment, which was not released until after the statutory instrument had passed, stated that this legislation could

“have implications for competence of drivers to tow trailers safely”

and

“may potentially increase the road safety risk”.

That was deeply worrying not only for those who have lost loved ones through unsafe towing, but for those in the wider industry, many of whom contacted me to share their anxieties. The public have no idea that so many defective vehicles are on our roads, and now the Government have scrapped the mandatory training that would have helped drivers to understand the importance of safety checks on their vehicles. We have evidence that trailer safety is a serious problem, yet the legislation was deemed “fit for purpose”. The only consolation was that it would be reviewed after three years, which will be at the end of this year.

Two-and-a-half years into this outrageous piece of legislation, I hope that the Minister has a good understanding now of its impact on road safety, and I would welcome an update from him. Between 2019 and 2021, 50% of light trailers were defective. Can the Minister confirm whether that statistic has changed? What recent data does he hold on defective vehicles? He needs to explain what data will be used to assess the impact of the instrument as part of the review and how this data is being collected.

The impact assessment stated that the overall accident rate would have to rise by an average of 14% per year to negate all the benefits of the legislation. I wonder whether the Minister thinks that a 14% increase in accidents is acceptable. How many people could lose their lives or be seriously injured because of this legislation? Surely we should be trying to make our roads safer, with drivers supported and informed to take all the safety measures they need.

There are some who point to the voluntary accreditation scheme for drivers wishing to tow. That information is available to the proactive, responsible drivers who seek it, but the clue is in the name: it is voluntary. The number of drivers undergoing training has fallen through the floor. Department for Transport data shows that from over 29,000 people in one year taking the mandatory B+E test, we now have fewer than 500 taking up the voluntary scheme in the 18 months since it was introduced —a drop of 98%. That is an astonishing percentage. The very real consequence of that is more unsafe trailers on our roads.

What measures is the Minister taking to increase the number of people accessing the voluntary training? What is the Minister doing to ensure that those who use our roads are trained to tow and understand the dangers of unsafe towing? We need a coherent plan for our roads that recognises the importance of trailer safety. I welcome the Minister’s thoughts on how we can re-embed the findings and actions of the 2019 statutory report on trailer safety into the current roads strategy.

I have very much enjoyed working collaboratively with Ministers to improve trailer safety. Over the past five years, the all-party parliamentary group on trailer and towing safety has worked steadfastly with the Department for Transport to gather data and information. I hope we can take this moment to refresh that relationship and work together to ensure the safety of all who use our roads. Gathering more and better information on the safety of trailers and the skills of those towing them is crucial. It is through the data that we uncovered the scale of the problem in the first place, and it will be through gathering new data that we can pave the way for improvements in the future. Does the Minister agree that this is of the utmost importance? If so, when and how is he planning to collect that new data?

As chair of the all-party parliamentary group on trailer and towing safety, I thank all of my colleagues who have supported and publicised the issue in this place over the past six years. I thank those stakeholders in the towing industry who have done all they can to improve trailer safety—in particular, the contributions of the National Caravan Council and the work of Alicia Dunne at the council have been hugely valuable. Those working in the industry know how important it is to improve trailer safety. Their work in raising awareness and improving driver behaviour and knowledge has been crucial.

Finally, I pay tribute to the incredible bravery of Freddie’s family. I thank them for all they have done to shine a light on this issue and to educate me. If the Minister takes away one thing from today’s debate, I hope that he will remember the lives behind the statistics. Families across the country have been impacted by poor and ill-thought-out legislation—I know that the Minister did not bring the legislation to the House. Improving trailer safety saves lives, and I hope he agrees that we must do all we can to enable drivers to tow safely.

[The Parliamentary Under-Secretary of State for Transport (Guy Opperman)]

It is an honour and a privilege to respond to the hon. Lady’s thoughtful, heartfelt and impressive speech on an issue that she clearly cares passionately about. She has done herself great credit not just tonight but throughout the long campaign she has waged. I pay massive tribute to her. There is much criticism in this place of all-party groups, but she has provided an example of one that has championed a cause and brought about significant change. It also ensures that its importance to both the families concerned and the wider industry is heard, championed and hopefully acted upon. I wanted to put that first point on the record.

It is patently clear from the hon. Lady’s speech that she cares passionately about this issue. Like many constituency MPs, she is motivated, sadly, by the learned experience of a constituent. I, too, pay due tribute to the Hussey family, who clearly have been through a terrible ordeal and have resolved that good should come out of the tragedy that sadly they have undergone. I pass on my condolences. The hon. Lady’s last comment is entirely right. It is important that in this House, in whatever position, we remember the lived experience of the people who suffer injuries and difficulties, in relation to road safety and all other accidents, up and down the country. Whatever the circumstance, whether it was their fault or otherwise, we must be sensitive to that. None of us has been unaffected by tragedy in our lives. We should remember and be empathetic to that at all stages.

I want to put some points on the record, but I want to cut to the chase on one particular point. I will go through the journey of how we got to where we are in a bit of detail. There will be a three-year review, following the passage of the legislation on 8 November 2021. It is important to understand that, normally, a Government do not review legislation before five years. She knows because she spoke in the debate—I read her comments in the debate on the regulations, to which my hon. Friend the Member for Copeland (Trudy Harrison) responded, fairly late at night on 8 November—that the legislation arose out of covid. It was a decision made in the circumstances to address the HGV driver shortage. It is accepted that there is a need for a review—that was written in.

The reason that this debate is particularly apposite is simply that the process has begun. This debate and the hon. Lady’s comments bring force to the particular points. I want to assure her that she, her APPG, the individual families and the very worthy organisations that have assisted her will have an opportunity to make representations. They can be made in two ways. They can be written representations to the Driver and Vehicle Standards Agency. With all matters government, the Government are responsible for everything. However, in this particular case, she knows that it is an arm’s length body, the DVSA, which runs the process. I have two officials in the Box today who are in charge of that process and I spoke to them beforehand. We most definitely can assure her and interested parties that evidence can be submitted in writing or in person. We are very happy for the DVSA to sit down with her APPG in the summer months, when we return to the House, and listen and take on representations by any individual in any way. If that needs to be done by way of a personal visit, we will do our best to accommodate that in the usual way without necessarily going all over the country, as she will understand.

My point is that we acknowledge and accept that a review needs to be done. I want to stress that all options are available to that review. Often, Ministers respond to that by saying, “Well, I can’t comment on the process of the review.” To a certain extent, I am a bit limited in how I can approach it. Self-evidently, a Minister, whether before or after the general election, will have to make a decision on the recommendation of the DVSA, but a review will unquestionably take place. I have made it very clear to the DVSA that that will need to be published within three years of the date of the passage of the legislation, which as I understand it is 8 November. That is the timeframe. This is the evidence-gathering period. With respect, I hope that is the key point that arises.

Turning to a few particular points arising from the debate, it is not always that case that APPGs have such a close relationship with an arm’s length body which is not part of the Government but also slightly part of Government. What is very clear is that the DVSA and the hon. Lady’s APPG have a very close relationship. I read its submission on 27 February, by way of a written update, to the APPG. It is pretty detailed. I know that they met last year. I would like to think that that will continue apace.

The hon. Lady went through the history in quite a lot of detail. It is obviously the case that in 2018 we made it an offence to tow an unroadworthy trailer and strengthened the penalties. There are roadside vehicle checks to monitor compliance. I attempted to find out exactly how many people are doing the checks on an ongoing basis. I cannot give a definitive day-by-day figure, but it is clearly a significant number of people. I will ensure that, as part of the review, that is set out in detail, because it is right and proper that the public know that a taxpayer-funded, arm’s length body is spending an appropriate amount of time doing those checks. I have read the submission made in detail to the APPG in February. I stand by every part of that, and I do not think that there is any point I would wish to amplify. On the most recent statistics, the timing is not brilliant because the 2023-24 trailer safety survey, with the enforcement stats, effectively concludes on 31 March. We will know the annual figure at the end of this month, but it will be available and appropriate for the review.

On the reasons behind the removal of the B test, it is unquestionably the case that that was one of the 33 measures put in place to address the heavy goods vehicle driver shortage. The Department for Transport and the arm’s length body are considering a number of different actions as a result of what was, quite clearly, a fairly speedy piece of legislation to address a moment of great critical importance.

The hon. Lady is clearly aware of the change and what it allowed, and of the industry-led accredited training scheme, so I will not repeat what she has already said in her speech. As she rightly pointed out, the take-up of the training has not been as we would have liked it to be, and that obviously needs to be addressed. The DVSA is committed to supporting the scheme by seeking further opportunities to promote the accredited training route—increasing awareness of the benefits of doing so, sending clear messages about the importance of safety, and generally doing everything possible in a host of ways, ranging from social media to instructions to organisations —in order to enhance and increase both training uptake and safe towing practices.

The hon. Lady is also aware of the two surveys that have been conducted, the first in February 2023 and the second in June of that year. The DVSA engaged in extensive work with the Trailer Training Advisory Group to devise the questions and topics for the second survey, and to consider the results. It received 1,000 responses—a significant number—and promoted its findings during the National Trailer and Towing Association’s Trailer Safety Week in June 2023.

The hon. Lady rightly spoke of the efforts that will be necessary in the future. Following the accumulation of evidence, the DVSA has identified target groups for the purpose of its communications, with leisure users the main target audience for the current year. As we approach the towing season, it will engage the caravan and leisure industry; indeed, that process has already begun, because Easter is not far away.

[Karin Smyth]

I am grateful to the Minister for his diligence and his respect for this issue, and for examining the history behind it. I look forward to working with him further and taking up his offer to follow it through with his officials. I am glad that that is in train, and that a bit more light is being shone on the issue. I think that this will give some reassurance to people following the debate, and I look forward to being part of it.

[Guy Opperman]

I thank the hon. Lady for her comments. I want to emphasise that this is a constructive process. It is in all our interests to ensure that it has the assurance and understanding of the House, and that the appropriate balance is struck between legislation and any freedoms that may or may not be enjoyed.

Let me say a little about the extent of the instruction and advice. The DVSA will explore ways of targeting people at various points in the towing journey—I do not think that that is quite how it should have been phrased—including the point of sale of a trailer or caravan, whether it is new or second-hand; obviously acquisition is a key factor. There will be interventions at various stages of journeys and at destinations. The purpose is to ensure that safety considerations are at the forefront of drivers’ minds at crucial points in their journeys.

We have the opportunity this year to address these issues and to reach a view on what is the appropriate way forward, but I believe that the appropriate way forward is for the independent arm’s length body to go away and do its work, taking on as much evidence as it sees fit but starting with an open mind, looking at all aspects of the process. That will include safety, and all the benefits and burdens stemming from the legislation that I mentioned earlier. I commit myself to building on the progress that has been made, but also to continuing to examine the policy closely, gathering the data and ensuring that messages are communicated effectively to reach the right audience.

I thank the hon. Lady again for initiating the debate. I endorse her comments on previous occupants of my post who have worked constructively with her and with the all-party parliamentary group, and I commend this debate to the House.

Question put and agreed to.