Drivers’ Hours and Tachographs (Temporary Exceptions) Regulations 2021

Lord Berkeley Excerpts

Thursday 18th March 2021 Lords Chamber

[Lord Berkeley (Lab) [V]]

My Lords, I am very pleased to follow the noble Baroness and to speak to my regret Motion on these regulations. I share many of her concerns. I find the Explanatory Memorandum particularly arrogant and vague on the reasons for the need for this regulation. Paragraph 7.2 says that

“disruption to … supply chains could occur at very short notice.”

There has been no evidence of this happening—I shall come on to the number of vehicles going through in a minute—or even of any fear of it happening ever since the new regulations came in at the beginning of January.

Everybody knew that there were new regulations. We had spoken before in this House about the fact that many people were unprepared and that the Government were pretty unprepared as well, but there is no change likely to happen at the moment. As for the situation having worsened substantially during the last month, how has it worsened?

The Explanatory Memorandum says:

“Some usual mitigations (such as training more drivers) are not available.”


There has not been a need for more drivers because the traffic has dramatically dropped. Then it says:

“The situation is exacerbated by the impact on vehicle flows of changes to border controls following the end of the transitions period of the UK’s exit from the EU.”


Where is the evidence for that? There have just been fewer trucks because a lot of people are deciding not to go, for reasons that we have debated.

The noble Baroness talked about the extension of hours permitted in these regulations. On the face of it, it is not very great but, on the other hand, it comes on top of some pretty long hours limits anyway. As she so rightly says, this is actually a serious road safety issue. Can the Minister tell us whether there is any evidence of further accidents due to this? How much enforcement of the longer hours has taken place, and has any action been taken? I suspect that, as with most other tachograph issues, it is done only very rarely.

I think the real issue here is that we have fewer drivers, and we also have many fewer trucks. I want to spend a minute or two looking at the chaos that I think there has been over the statistics of how many trucks have been counted going out of the UK. The Government published a press story on, I think, 7 February disputing the figures published by the Road Haulage Association. The Road Haulage Association looks after its members’ interests, and it suggested that the loads to the EU— I quote from its press release—had

“reduced by as much as 68 percent”

since January this year. It wrote to the Chancellor of the Duchy of Lancaster explaining this, and the Government are basically saying it is not true. Somebody must be able to count; it is surely pathetic. I tend to believe the RHA because it has an interest in looking after its members’ interests—they do not want to see delays—whereas the Government are trying to say that everything is all right. This has gone on, with an argument in a letter between the Office for Statistics Regulation and Richard Laux, the chief statistician of the Cabinet Office, talking about whether the data is published or not. The Cabinet Office then published a note to accompany the original press story. In other words, this is damage limitation. The key, to me, is a quote from the Port of Dover on 8 February that said:

“Traffic continues to flow smoothly through the Port of Dover post-Brexit transition.”


Does that not tell us that there is no problem that needs to be cured?

As the noble Baroness, Lady Randerson, mentioned, I hope the Minister will assure the House when she responds that this will be the last time that they try to extend these regulations, and there will be no more of these because, as the noble Baroness said, this is a road safety issue. The limits that were necessary before the Covid epidemic and before Brexit are still necessary now. It seems to me that, in the eyes of the Government, the supply chain is more important than road safety, and that is a very serious issue.

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Tabled by

[Lord Berkeley]

That this House regrets that the Drivers’ Hours and Tachographs (Temporary Exceptions) Regulations 2021 (SI 2021/58) will allow the continuation of relaxed restrictions on the normal rules on heavy goods vehicles drivers’ hours without evidence having been provided of the need for such a continuation or of its effect on road safety.

Relevant document: 44th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

Motion not moved.