Drivers’ Hours and Tachographs (Amendment) Regulations 2020

Lord Rosser Excerpts

Tuesday 26th January 2021 Grand Committee

[Lord Rosser (Lab) [V]]

I thank the Minister for her concise explanation of the content and purpose of these regulations. I must say, I also found the Explanatory Memorandum heavy going.

These regulations ensure that the drivers’ hours and tachograph rules for commercial road transport, lorries and coaches in the trade and co-operation agreement are applicable to journeys between the UK and the EU and can be enforced. They were laid under the “made affirmative” procedure, meaning that they applied instantly when they were laid shortly after the trade and co-operation agreement with the EU was concluded late last month. That agreement made no changes to the drivers’ hours and tachograph rules applicable to journeys between the UK and EU.

The Government have said that these regulations are needed urgently to ensure that the drivers’ hours and tachograph rules can continue to be enforced under the terms of the trade and co-operation agreement, and that the urgency arose because there was such a short period of time—a few days—between the conclusion of the agreement and the end of the transition period on 31 December 2020.

Due to the tight deadline for making these legislative changes, and with the agreement of the Department for Infrastructure in Northern Ireland, these regulations include changes affecting Northern Ireland even though the drivers’ hours and tachograph rules are a transferred matter for Northern Ireland. Indeed, such was tightness of the deadlines that, on top of the regulations being made under the “made affirmative” procedure, there was no time for consultation on them, for an impact assessment or to update an earlier impact assessment that was apparently completed.

We are not opposed to the regulations since they do not represent a change to the drivers’ hours and tachograph rules; we accept their necessity. However, Parliament’s role in scrutinising this legislation has been marginalised, to say the least. In the debate so far, a number of questions have been asked and issues raised.

I note what the Minister said about the importance, safety-wise, of the regulations on drivers’ hours and the potentially serious consequences for the drivers concerned and other road users if they are not adhered to.

As has already been said, we gather that the Government are reviewing legislation on workers’ rights and protections even though we have barely cut our ties with the EU. Could the Minister say if the drivers’ hours rules applicable in Great Britain are currently under review and, if so, whether consultation will be somewhat greater than it has been in respect of these regulations? Have there been any discussions with the road haulage industry and coach industry on drivers’ hours regulations, or have the Government sought their opinions and views? Have the trade unions representing drivers been involved in any such discussions or been approached for their opinions and views? What is the view of the Department for Transport on the existing drivers’ hours regulations and whether they should be changed, and, if so, in what direction and in what way?

The drivers’ hours regulations can be enforced through the use of tachographs. In recent years, there have been a number of high-profile cases of tachograph falsification. In light of the importance the Minister rightly attaches to adhering to the drivers’ hours regulations, do the Government have any further steps in mind to clamp down on such tachograph falsifications? My noble friend Lord Berkeley referred to some practices that seem to take place.

Hauliers have played a key role over many months in the provision and availability of essential supplies during the current pandemic. They both need and deserve the protections the current regulations provide if properly enforced—as they should be.

The Government have introduced a temporary relaxation, until the end of March, of the enforcement of the retained EU drivers’ hours rules in England, Scotland and Wales for drivers involved in the international carriage of goods by road and between Great Britain and Northern Ireland. These measures include extending the EU daily driving limit and reducing the daily rest requirements. This has been largely necessitated by the prospect of delays at our borders following our withdrawal from the EU and the lack of government notice and guidance to the haulage industry—or indeed anybody else affected—on what needed to be done to adapt to the changes arising from our withdrawal. What impact, if any, do these regulations have on the current relaxation and enforcement of EU drivers’ hours rules, and what impact does the current relaxation of EU drivers’ hours rules have on the application and enforcement of these regulations?

Finally, in light of noble Lords’ comments on enforcement, safety and Brexit during this debate, what assessment was made of the safety implications of temporarily extending the EU daily driving limit and reducing the daily rest requirements? Could the temporary relaxation of EU drivers’ hours rules have been made while we were members of the EU, or was it possible only because we cut all ties with the EU at the end of last month?