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

Lord Rosser Excerpts

Wednesday 13th May 2020 Lords Chamber

Moved by

[Lord Rosser]

To move that the Virtual Proceedings do consider the Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020.

Relevant document: 11th Report from the Secondary Legislation Scrutiny Committee

The Motion was considered in a Virtual Proceeding via video call.

[Lord Rosser (Lab)]

My Lords, this is a take note Motion. I am not opposed to the principle of the regulations, which introduce a one-off, six-month exclusion from the requirement for light vehicles to hold a valid MoT test certificate, but I have a number of points and questions to raise with the Government.

To start, what were the key factors behind these regulations? The Explanatory Memorandum states that

“given the widespread impact of COVID-19 there are likely to be local difficulties in obtaining testing imminently, with more widespread difficulties as the pandemic develops.”

That suggests that the basis of the regulations is an assumption, rather than hard evidence, about local and more widespread difficulties.

The Explanatory Memorandum goes on to state that without the regulations

“many people may have to unlawfully use their vehicle without an MOT, to reach work or do essential shopping, which is a particular concern for vulnerable people”

and:

“The lack of a valid MOT may also mean that vehicles cannot be taxed and using a vehicle unlawfully may also invalidate insurance cover.”


These last two points depend on the accuracy of the assumption that Covid-19 has led to difficulties in obtaining testing. However, I hope the Government can confirm that they have ensured that the DVLA has updated its records and systems so that people in the six-month exemption period will not have problems renewing their car tax or over insurance cover.

Returning to the point about difficulties of obtaining testing, which would presumably be caused by garages being closed or short-staffed due to the incidence of Covid-19, my local garage was shut for three weeks in April, but it then reopened, since after another month there might not have been a business left at all. The Government did not say that garages had to close. Indeed, they encouraged them to remain open, and I assume they have issued appropriate advice on maintaining social distancing at work for garage mechanics.

There are 23,500 test stations, and in normal times there is a surplus of capacity, according to the Explanatory Memorandum. Can the Government say what that level of spare capacity in normal times actually is? What is the maximum number of MoT tests on vehicles covered by these regulations that can be carried out per six months in a normal year compared with the number actually carried out per six months in a normal year? How many MoT tests on light vehicles covered by these regulations were carried out in the four weeks prior to the announcement of the lockdown, and what was the maximum number of MoT tests that could have been carried out in the four weeks prior to the announcement of the lockdown? By how much has the maximum capacity for testing been reduced so far during this pandemic, and what do the Government estimate that maximum capacity to be at present?

Presumably the Government wish to see the terms of these regulations, with their one-off, six-month exemption from an MoT test, brought to an end as soon as possible. If the principal reason for these regulations is concern about present testing capacity, the Government must surely have their finger on the pulse of changes in the maximum available testing capacity.

The continuation of these regulations ought surely to be reconsidered as soon as the required level of testing capacity is available. Unless the Government are going to argue that the MoT test is actually somewhat unnecessary—in which case, why do we have it in the first place?—there must be potential safety issues in allowing light vehicles that would not pass their next scheduled MoT test to remain on the road for a further six months. It is not good enough for the Government simply to say, as they do in the Explanatory Memorandum, that

“vehicle users are still required by the Road Traffic Act 1988 … to ensure vehicles are in good working order.”

There will apparently be millions of light vehicles on the road that would have failed their scheduled MoT test had it taken place. The Explanatory Memorandum says that around 16.6 million relevant MoTs are due to expire over the first six months of these regulations. It also says that 29% of those tested, around 4.9 million vehicles, would have received a dangerous or major MoT failure over the same six-month period. That is then shrugged off in the Explanatory Memorandum with the statement that

“however the maintenance requirements and low risk of incidents occurring from vehicle defects mitigates this risk”,

followed by

“but, the risk remains low during the ‘stay at home’ rules as trips are made for essential purposes only.”

Three days ago, that position changed. Rather than stay at home, we are now told by the Government to “stay alert”, which I suppose is pretty good advice for all road users and pedestrians with 4.9 million vehicles that would have failed their MoT with a dangerous or major failure allowed on the roads under the six-month exemption.

I recognise that a decisive majority of road accidents or incidents are the result of human error rather than vehicle defects, though it would be surprising if a vehicle defect did not increase the likelihood of human error, but nevertheless the six-month exemption increases the likelihood of accidents or incidents due to vehicle defects. An impact assessment would have addressed that point, but there is no impact assessment due to lack of time. What, then, is the Government’s estimate of the increase in the number of incidents due to, in whole or in part, vehicle defects that would have been picked up in an MoT test, but were not, as a result of the six-month MoT test exemption?

I also understand that vehicles are being sold on the basis of up to six months still left on the MoT when that period is the six-month exemption, and does not mean—as implied—that the vehicle passed an MoT test between six months and up to a maximum of a year ago.

The DVSA has separately issued certificates of temporary exemption from the requirement to hold a test certificate for goods vehicles and public service vehicles. What is the MoT failure rate for these vehicles, and how many such vehicles were due an MoT test in the six months to the end of this September? Returning to the non-existent impact assessment, will the Government now produce one, since impact assessments often provide helpful and illuminating information not otherwise readily available?

The importance of MoT tests in the present situation has also been further emphasised by the Government’s announcement on Sunday that they are actively encouraging people to return to work if they cannot work at home, and that they should avoid travelling by public transport if they can travel by other means, including by car. In other words, the Government are now encouraging people to use their cars rather than public transport—perhaps the first Government ever to do that. People are also now being told they can use their cars to drive as far as they like to an outdoor space.

In other words, one of the key risks to which I referred a few moments ago—of 4.9 million vehicles that would have received a dangerous or major MoT failure over the six months to the end of this September being on the road—is no longer being mitigated to the same extent by the “stay at home” rules, under which trips are made for essential purposes only.

The Government say:

“This instrument is being introduced to address the ongoing pandemic and will be revoked if it no longer serves a useful purpose.”


Do they envisage revoking the regulations early, taking into account that there would be a backlog of MoT tests to be carried out for a few months as well as the normal number of such tests? I have heard it suggested that 20% of garages may not survive the pandemic as viable businesses. Do the Government have any estimates of how many of the 23,500 testing centres may not survive the present situation, and the impact this could have on testing capacity?

Do the Government have any figures for the percentage of eligible people who already could have availed themselves of the six-month test extension facility for light vehicles and who have done so by not having their MoT test done by their scheduled date, as opposed to the percentage who could already have availed themselves of the facility but have chosen not to do so, perhaps preferring to have the assurance that their vehicle is not one of the 29% that would have received a “dangerous” or “major” MoT failure? The answer to that question must also be a factor in determining when the testing capacity exists to enable the order to be revoked, and a return to a situation where MoT tests are undertaken at the time laid down.

Six-month MoT test extensions will start to terminate at the end of September. Are there any circumstances under which the Government would continue that extension period beyond the six months, or will vehicles that have had that six-month exemption definitely be required to pass an MoT test after then in order to be driven lawfully on our roads?

I hope the Government will be able to provide the answers, today or subsequently, to all the questions I have raised. We must by now have a clearer picture of the situation in respect of testing capacity. If the Government can provide the evidence that it is insufficient, the order should continue, but when the evidence indicates the testing capacity is available, then the Government should seriously consider revoking this order, since deferring the need for an annual MoT test by six months or 50% must represent a potentially significant road safety issue. I beg to move.

--- Later in debate ---

[Lord Rosser]

I thank all noble Lords who have taken part in the debate. It has been useful, and I thank the Minister for her response, which certainly provided answers to a number of the issues that have been raised. Obviously, I do not intend to proceed any further on this Motion.

Motion agreed.