Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020

Lord German Excerpts

Wednesday 13th May 2020 Lords Chamber

[Lord German (LD)]

My Lords, I will concentrate on two specific issues: revocation of the SI and the connected effect on the business of MoT test centres.

As it stands, the SI has an effect until 30 September 2021. There is no sunset clause, as explained in paragraph 14.2 of the Explanatory Memorandum. The explanation provided is that

“it is not appropriate to provide for a review of this instrument as it will cease to have effect after a short and fixed period of time.”

Paragraph 7.6 of the EM tells us that this instrument

“will be revoked if it no longer serves a useful purpose.”

I want to press the Minister to consider whether 18 months is a short period. Given all the shifts in the Government’s approach to the pandemic, as restrictions are lifted or amended, surely it would have been sensible to build in a different approach in Regulation 2(3). If, as we all hope, we can take steps to return to a sense of normal road activity by the end of the year, surely a review clause would be more appropriate. The alternative, as laid out in paragraph 14.1 of the Explanatory Memorandum, is a new instrument to be laid before Parliament. That process would itself extend the intention of revocation by a month or two.

The case for this review clause is strengthened by paragraph 7.4 of the EM, which informs us that the purpose of the instrument is to

“enable drivers to continue to travel for a purpose permitted by law, such as purchasing essential food and medicine”.

We are discussing an SI when the regulations on lawful driving have already been changed. In England people can now drive to places where they wish to exercise, such as beaches or the countryside, but I suggest that they do not come over the border into Wales because they could be fined under laws the Welsh Government have put in place.

The effect of these regulations in England is that people are now free to travel on the roads in their cars; it is just the purpose of their end destination that is defined. If changes proceed at this frequency, the case for a more flexible approach to revocation is strengthened.

Public safety needs to be maintained above all. In 2018-19, 10 million vehicles—nearly a third—failed the MoT test. Nearly one in 10 failed with a dangerous fault, the most serious grade in the three-tier MoT system. Of the 30.5 million MoT tests taken, 10 million cars failed, 2.8 million of those for dangerous faults.

The Explanatory Memorandum tells us that there is spare capacity in local MoT testing stations. Many are one-person operations, making social distancing possible. I urge the Minister to reflect on improving the revocation mechanism to ensure that we do not endanger the public with dangerous cars on our roads.