Haulage Permits and Trailer Registration Bill [Lords] (Second sitting)

Debate between Karin Smyth and Sarah Champion

Committee Debate: 2nd sitting: House of Commons
Tuesday 22nd May 2018 Public Bill Committees

[Karin Smyth]

I am grateful to the right hon. Gentleman for that intervention. We have similar issues on the route down the M5. I have worked with Avon and Somerset police, and they feel that issue acutely. They would like more resources to be able to do more stop-and-checks on the motorway, and throughout Somerset and Devon. Highways England’s work in the towing safety group is largely determined by the prevention of accidents to stop the back-up along the M5, but we want to look much more at safety. Vehicles are being kept over winter—in some cases, several winters—in large farm areas or other areas that are not checked. Perhaps people do not realise the danger that can be posed by things that they have not seen eroding over that period. That is why driver behaviour and education are so important, but ultimately, mandation may be the only way forward.

Working with the police, I have seen some shocking examples of agricultural and leisure vehicles, such as horse boxes and boat trailers, and photographs thereof, that show that it is a major issue. I understand the issue of proportionality and the risks associated with establishing a new bureaucracy, but—as my hon. Friend for York Central said—the key point is that we do not know the scale of the problem, and we do not know how it impacts on both the commercial and non-commercial sector. That is the point we have to get to. It does not matter whether the accident is caused by a commercial or non-commercial vehicle, it is still an accident and, potentially, a death. I will continue to work with the Government and all parties on this, but I emphasise again that this is why better data connection and the sharing of knowledge and information are key.

I am happy not to press my amendment, given the assurances that the Minister has given. I have a question for the Minister. We have kind of piggy-backed on the Bill, which is an enabling Bill that may not be enacted, as I understand it. Will the Minister comment on what happens, if the Bill is not enacted, to the work done to highlight trailer safety, the report, and the provisions and assurances that have been made? If the Bill is not required, how will the provisions that we have agreed and discussed be taken forward?

[Sarah Champion]

It is a pleasure to speak under your chairmanship, Mr Robertson. I welcome the approach taken by the Minister. It is heartening to hear how he is genuinely open to discussion, debate and new evidence coming forward, and I am optimistic that the consultation is genuine—rare in this day and age—and that it will actually influence this Bill so that we get the strongest and safest legislation.

I welcome the Government’s amendment 3, new clause 1 and the associated amendments already taken from the other place, but I also want to speak in support of the new clauses tabled by Labour Front Benchers and my hon. Friend the Member for Bristol South.

I want to talk about tow bars. I am referring to the retrofitted tow bar or tow hitch to a motorised vehicle, and I particularly support amendments (a), (c) and (e) to new clause 1.

I start from the position that anything on the road that involves a motorised vehicle has to be roadworthy, hence the need for cars and light commercial vehicles to have an MOT, likewise the associated checks for heavy goods transport vehicles and the attachments that they tow. From my position—I think it is common sense—it cannot be right that, currently, trailers under 3.5 tonnes can be without such scrutiny. As the right hon. Member for Scarborough and Whitby has said, some of them sit in a field or garage for a long time and are then taken straight out onto a highway or motorway without any due regard for their fitness or safety, and indeed without any legal responsibility to have any due regard for this.

Looking specifically at tow bars, I have to admit that the Minister has done a vast amount of research on this and my hon. Friend the Member for Bristol South has immersed herself in the topic. I came to it two weeks ago by accident, in that I was invited by my constituency business—Rotherham Towing Centre—to come and see their work. They are proud to be only the second facility in the UK to be accredited by Horizon Global, one of the world’s largest towing equipment suppliers. As an accredited centre, customers can be sure that the tow bar fitted to their vehicles is safe and secure, but the reality is that anybody can fit tow hitches and tow bars to their vehicles. The consequences of tow bar failures can be catastrophic, and many of us are aware of horrific incidents—not least the case of the constituent of my hon. Friend the Member for Bristol South. Unsafe towing can result in serious injury, damage or indeed death. Yet currently there are no legal requirements for tow bars to be fitted by qualified professionals, or indeed for there to be specific standards with which the tow hitches and their fitting need to be aligned. The Minister has an opportunity to change that. There is nothing to prevent an unsafe badly fitted tow bar from being used. As I have already said, at the MOT stage, tow bars have to be seriously unsafe for them to be considered a failure.

I welcome the Minister’s comments on this, but hope he is able to give serious consideration to including the amendments, particularly amendment (a) to new clause 1 as the Bill moves forward.

Haulage Permits and Trailer Registration Bill [ Lords ] (Second sitting)

Debate between Karin Smyth and Sarah Champion

Tuesday 22nd May 2018 Public Bill Committees

[Karin Smyth]

I am grateful to the right hon. Gentleman for that intervention. We have similar issues on the route down the M5. I have worked with Avon and Somerset police, and they feel that issue acutely. They would like more resources to be able to do more stop-and-checks on the motorway, and throughout Somerset and Devon. Highways England’s work in the towing safety group is largely determined by the prevention of accidents to stop the back-up along the M5, but we want to look much more at safety. Vehicles are being kept over winter—in some cases, several winters—in large farm areas or other areas that are not checked. Perhaps people do not realise the danger that can be posed by things that they have not seen eroding over that period. That is why driver behaviour and education are so important, but ultimately, mandation may be the only way forward.

Working with the police, I have seen some shocking examples of agricultural and leisure vehicles, such as horse boxes and boat trailers, and photographs thereof, that show that it is a major issue. I understand the issue of proportionality and the risks associated with establishing a new bureaucracy, but—as my hon. Friend for York Central said—the key point is that we do not know the scale of the problem, and we do not know how it impacts on both the commercial and non-commercial sector. That is the point we have to get to. It does not matter whether the accident is caused by a commercial or non-commercial vehicle, it is still an accident and, potentially, a death. I will continue to work with the Government and all parties on this, but I emphasise again that this is why better data connection and the sharing of knowledge and information are key.

I am happy not to press my amendment, given the assurances that the Minister has given. I have a question for the Minister. We have kind of piggy-backed on the Bill, which is an enabling Bill that may not be enacted, as I understand it. Will the Minister comment on what happens, if the Bill is not enacted, to the work done to highlight trailer safety, the report, and the provisions and assurances that have been made? If the Bill is not required, how will the provisions that we have agreed and discussed be taken forward?

[Sarah Champion]

It is a pleasure to speak under your chairmanship, Mr Robertson. I welcome the approach taken by the Minister. It is heartening to hear how he is genuinely open to discussion, debate and new evidence coming forward, and I am optimistic that the consultation is genuine—rare in this day and age—and that it will actually influence this Bill so that we get the strongest and safest legislation.

I welcome the Government’s amendment 3, new clause 1 and the associated amendments already taken from the other place, but I also want to speak in support of the new clauses tabled by Labour Front Benchers and my hon. Friend the Member for Bristol South.

I want to talk about tow bars. I am referring to the retrofitted tow bar or tow hitch to a motorised vehicle, and I particularly support amendments (a), (c) and (e) to new clause 1.

I start from the position that anything on the road that involves a motorised vehicle has to be roadworthy, hence the need for cars and light commercial vehicles to have an MOT, likewise the associated checks for heavy goods transport vehicles and the attachments that they tow. From my position—I think it is common sense—it cannot be right that, currently, trailers under 3.5 tonnes can be without such scrutiny. As the right hon. Member for Scarborough and Whitby has said, some of them sit in a field or garage for a long time and are then taken straight out onto a highway or motorway without any due regard for their fitness or safety, and indeed without any legal responsibility to have any due regard for this.

Looking specifically at tow bars, I have to admit that the Minister has done a vast amount of research on this and my hon. Friend the Member for Bristol South has immersed herself in the topic. I came to it two weeks ago by accident, in that I was invited by my constituency business—Rotherham Towing Centre—to come and see their work. They are proud to be only the second facility in the UK to be accredited by Horizon Global, one of the world’s largest towing equipment suppliers. As an accredited centre, customers can be sure that the tow bar fitted to their vehicles is safe and secure, but the reality is that anybody can fit tow hitches and tow bars to their vehicles. The consequences of tow bar failures can be catastrophic, and many of us are aware of horrific incidents—not least the case of the constituent of my hon. Friend the Member for Bristol South. Unsafe towing can result in serious injury, damage or indeed death. Yet currently there are no legal requirements for tow bars to be fitted by qualified professionals, or indeed for there to be specific standards with which the tow hitches and their fitting need to be aligned. The Minister has an opportunity to change that. There is nothing to prevent an unsafe badly fitted tow bar from being used. As I have already said, at the MOT stage, tow bars have to be seriously unsafe for them to be considered a failure.

I welcome the Minister’s comments on this, but hope he is able to give serious consideration to including the amendments, particularly amendment (a) to new clause 1 as the Bill moves forward.