Roadside Recovery Vehicles: Red Lights

Debate between Mike Penning and Michael Ellis

Tuesday 23rd July 2019 Westminster Hall

[Michael Ellis]

I commend the document to my hon. Friend. I cannot give her the exact number at the moment, but perhaps she will allow me to write to her about it.

Highways England is the Government company charged with operating, maintaining and improving England’s strategic road network of motorways and major A roads. It therefore has a key role to play in moving broken-down vehicles to a place of relative safety to await recovery or in closing a lane to make it safe, in exercise of its powers under the Traffic Management Act 2004 to stop and direct traffic.

[Sir Mike Penning]

I am fascinated to hear that Highways England is now moving vehicles and pulling them off the motorways. When I was the Minister, I asked how many vehicles it moved and the answer was zero, so I do not know quite where the Minister’s information is coming from.

[Michael Ellis]

What I said was that Highways England has a key role to play in moving broken-down vehicles. Of course, it is all part of a team effort, including the blue-light emergency services as well as Highways England, when it comes to closing roads to improve safety after a road traffic collision or other breakdown circumstances.

Highways England is part of the SURVIVE group, which has developed and sponsors a detailed national standard to improve the safety of breakdown operatives, employees and customers during breakdown and recovery operations. Certification to the standard demonstrates that management systems are in place, with procedures established to meet safety standards, legislation and best practice for the industry and help road recovery operatives to carry out safe and rapid recovery of vehicles with minimal risk. The SURVIVE standard was introduced in 2015 and amended in 2018, and more than 500 organisations are currently accredited to it—a significant achievement that demonstrates real professionalism within the industry, which I congratulate.

The Government also recognise the benefit of improved vehicle construction standards. The road vehicles lighting regulations were amended in 2010 to require all new goods vehicles over 7.5 tonnes, including those used for road recovery purposes, to be fitted with conspicuity markings to the rear and side to illuminate the vehicle at night. Fitting such markings is optional for smaller vehicles, including the smaller recovery vehicles, but vehicles over 7.5 tonnes must have them. That requirement was brought in by this Government in 2010.

Amber warning beacons can be a valuable tool for conveying important information to other road users. The road vehicles lighting regulations restrict the fitting of amber warning beacons to vehicles with a specified purpose—including recovery vehicles, as well as vehicles used for highway maintenance, refuse vehicles and so on. Additional requirements limit the use of amber beacons to specific functions in order to avoid proliferation; for example, recovery vehicles may use the amber warning beacon only when attending an accident or breakdown, or while towing a broken-down vehicle.

Despite these existing measures, I realise that there is a call from the industry for the use of red flashing lights, because it sees added benefit in them. The police and some fire service vehicles are legally permitted to use red flashing lights, but even those blue-light services must use them under additional guidance issued to their trained drivers. Highways England traffic officer vehicles, which patrol our strategic road network of A roads and motorways, are permitted red flashing lights, but only when operating on live carriageways, not on the hard shoulder. I am aware that comparisons are often drawn between the operations of traffic officer vehicles and those of road recovery operators. Both traffic officers and road recovery operators perform incredibly important work, but as we know, recovery operators should not operate in live running lanes. To emphasise an important distinction, Highways England traffic officers should only use red flashing lights when operating in the live lane to control traffic. They, too, should use amber lights when stationary in other situations.

[Michael Ellis]

I am not suggesting that it is—I know it is not—but I am making an allusion to Highways England traffic officer vehicles and what their rules are, so as to differentiate between the current rules for traffic officer vehicles and those for recovery vehicles.

The evidence that we have is key, and I have noted what my hon. Friend the Member for Chatham and Aylesford has said about the Rayleigh effect and the scientific evidence about colour. Research into the effectiveness of red flashing lights on vehicles was also carried out in 2010 by the respected Transport Research Laboratory for what was then the Highways Agency, in support of its traffic officer services, so some work has been done on this topic in the recent past. In that study, drivers’ responses to the display of amber and red lights, both on the hard shoulder and in a live lane, were considered to identify which configuration produced the lowest risk to traffic officers. It concluded that flashing lights may make something more visible by attracting attention, but also that too many lights or lights of too great intensity may cause distraction or obscure pedestrians in or around a stationary vehicle.

Assuming that drivers are paying attention to the lights on a stationary vehicle, it is vital that they identify what the hazard is and what action might be necessary while they still have reasonable time to act. That requires early recognition of whether the hazard is in a live lane or on a hard shoulder. Permitting the wider use of any restricted lighting function, including red flashing lights, needs careful consideration, because the warning message they are intended to give will become diluted if they are used too often. Ultimately, that will be to the disadvantage of those who currently use them.

[Sir Mike Penning]

I was the Minister in 2010 when that report was done, and I questioned whether it was a defence of the Highways Agency—as it was at the time—or was trying to improve what the regulation was doing all the way through.

I was out on patrol with the police on the M1 only six or seven weeks ago, and the concept that only Highways England traffic officers use their red lights in a live lane is tosh. They were sitting on the hard shoulder with us, and thank goodness they did, because we had some very near misses while we were waiting for a recovery vehicle. Telematics are available, so that could be stopped, and that is exactly what the industry is offering now, but we are not talking about live lanes; we are talking about the hard shoulder, where these people—I am sorry to use emotive language, Mr Davies—are frankly being wiped out. I am sorry, but the Department for Transport is not looking at this with an open mind; I will say that the Secretary of State is, because this debate is completely different from the conversation I had with him.

[Michael Ellis]

I assure my right hon. Friend that the Department is looking at this with an open mind, as I hope will become clear as I continue my remarks.

Apart from recovery operations, there are many other legitimate reasons for vehicles to operate on the roadside. We have to bear in mind that any move to extend the use of red flashing lights will need to consider those additional purposes and the broader effects. However, I emphasise that I am aware of the work of the all-party parliamentary group for roadside rescue and recovery and the Campaign for Safer Roadside Rescue and Recovery, and the excellent work they have been doing to engage with stakeholders and witnesses from across the industry to develop an evidence base to support the call for a change in regulation that my right hon. and hon. Friends have referred to.

I understand that the APPG’s call for evidence resulted in a number of detailed responses, including from the AA and RAC, two of the largest recovery operators in the UK. Responses were also received from the National Police Chiefs Council and several other organisations representing the interests of those involved in the industry and supporting those injured during their work. We will need to properly consult the blue-light emergency services on their views about the use of red lights on recovery vehicles, and I am conscious of the fact that this campaign has attracted the support of many right hon. and hon. Members of this House.

My right hon. Friend the Secretary of State for Transport has raised this issue with me, in light of the conversation he had with my right hon. Friend the Member for Hemel Hempstead. I have discussed this matter with my officials, and I know that the Secretary of State has raised this point as well. In light of the work by this campaign, by my right hon. and hon. Friends and by the APPG and others, we have asked officials to carry out a review of the available evidence in the context of existing policy on red flashing lights, and seek advice on whether a more flexible approach might be appropriate. I think that is the principal wish of my right hon. and hon. Friends, and it is something that we can agree to. That review is expected to take several months, and it will be done efficiently.

In the meantime, I draw the attention of the House to the measures that recovery operators can already take to improve the conspicuity of their vehicles beyond amber warning beacons, within the existing regulatory framework. Those include the use of retro-reflective materials to increase conspicuity at night or under low-light conditions, and the use of fluorescent materials to improve daytime visibility. It is also possible to use additional rear position lights, brake lights and hazard warning lamps. Work lamps may be used to illuminate the working area for the operator when the vehicle is stationary, and illuminated signs reading, for example, “recovery vehicle” may be used.

In the longer term, the Government recognise the need for better evidence and are currently undertaking a review of the national casualty data that we collect. As part of that review, consideration will be given to the merits of collecting specific casualty data for personnel performing roadside recovery or repair. I heard what my right hon. Friend the Member for Hemel Hempstead said at the beginning of this debate, and we will look into that issue.

[Sir Mike Penning]

I am really pleased that there is going to be a review. Can we wait for the evidence and recommendations of the APPG for roadside rescue and recovery before any decisions are made? There will be lots of evidence in that review.

[Michael Ellis]

I would certainly expect, and will require, that my officials have the fullest possible reference to the work of the APPG on this subject.

My Department has awarded the RAC Foundation almost half a million pounds to pilot new ways of investigating road crashes. It will trial a different approach to identifying and understanding common themes and patterns that result in death and injury on the public highway, and can help to shape future policy.

I believe that operators using the broad range of measures available to them and following the best practice guidance set out by the SURVIVE group should be able to recover stranded vehicles in relative safety. However, as I have mentioned, the Department for Transport is very conscious of the excellent work that that group does. We will be reviewing this issue over the coming months, and will undertake a review of existing policy and report back.

Question put and agreed to.

Transport in Hertfordshire

Debate between Mike Penning and Michael Ellis

Tuesday 4th June 2019 Commons Chamber

[The Minister of State, Department for Transport (Michael Ellis)]

As both my hon. Friend the Member for Hitchin and Harpenden (Bim Afolami) and my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) know, Her Majesty’s Government—this Government—are always on the side of the people, and that of course includes very much the people of Hertfordshire. This is my first appearance at the Dispatch Box as Minister of State for Transport, and I am privileged to respond to the excellent points that they have made.

I congratulate my hon. Friend the Member for Hitchin and Harpenden on securing the debate. He is an avid representative of his constituents’ interests: he was when I was Minister in the Department for Digital, Culture, Media and Sport, and I know that he is on transport, too. I welcome the opportunity to speak about Hertfordshire, which is a sizeable county with a number of thriving communities, as my hon. Friend and my right hon. Friend have said. Transport is a key factor in ensuring that those communities can work together to secure the local ambitions of a vibrant place to live and work. We heard my right hon. Friend the Member for Hemel Hempstead talk about how incredibly low—record-breakingly low—unemployment is in his constituency. Of course, transport is a key factor in how communities live, work and play, and in how they secure their ambitions.

My hon. Friend and right hon. Friend were wide-ranging in their discussions of modes of transport. I wish to make reference to some of the work that we are doing at the Department for Transport and how we are investing in transport in the county of Hertfordshire. If I may, I shall start by talking about the A120. I am sure my hon. Friend the Member for Hitchin and Harpenden is aware that we recently announced our support for a significant transport scheme in Hertfordshire. The A120 Little Hadham bypass, promoted by Hertfordshire County Council, consists of a 3.9 km single-carriageway bypass to the north of the village of Little Hadham. The A120 is an important east-west link in Hertfordshire’s primary road network, running eastwards from the A10 at Puckeridge to join the M11 near Stansted airport. The scheme is designed to remove the significant congestion and delays that are caused by the one-way working, the signal-controlled junction and the bridge in the centre of the village, as well as to reduce the risk of fluvial flooding in Little Hadham. The total cost of that scheme alone is £39.58 million; via the Department for Transport and the Environment Agency, the Government are providing £30.6 million of that sum.

I shall come to aviation in due course, but let me move on first to local roads. The local highway network is of course one of our most valuable national assets and an essential component of our economy. It is the local roads, not the A roads or the motorways, that form some 98% of our national highway network, and local authorities such as Hertfordshire County Council have an existing legal duty to maintain them. Having a good and well-maintained local highway network has never been more important, and that applies to all the counties of our country. The Government and businesses see good roads, both strategic and local, as vital to commercial success. That of course includes issues such as litter as well as the roads’ structural goodness, if I can put it that way.

It is hugely important to have roads in an acceptable and safe condition, and that is true for us all, whether we are car users, lorry drivers, bus passengers, cyclists or pedestrians. Let us face it: most of us are many of those things at various times. Ministers and Members of Parliament receive plenty of correspondence on potholes, for example. I myself have considerable experience in this policy area: I campaigned on the subject as a Back Bencher and was credited by the former Chancellor of the Exchequer George Osborne with drawing attention to the issue as it related to Northamptonshire.

The Government are investing more than £6 billion in funding for local highway authorities in England outside London between 2015 and 2021. Indeed, this year alone, the county of Hertfordshire is receiving more than £14 million for local highway maintenance. That funding is not ring-fenced and its use is entirely at the discretion of highway authorities based on their local needs and priorities. I assure my hon. Friend that we will continue to work with local highway authorities on a wide range of initiatives, including ensuring that funding is used for its intended purpose—to improve the condition of our local road network—as well as ensuring that authorities are open and transparent about how the significant funding we are providing is being used, because it is a lot of money.

We are also looking at transport improvements on the strategic road network. The first road investment strategy has one scheme in Hertfordshire—the smart motorway between A1(M) junctions 6 to 8. It is scheduled to start construction this financial year, 2019-20, and it will be “all lane running”, with the hard shoulder converted into a permanent running lane to help reduce congestion. Variable speed limits will also be implemented to smooth traffic flow.

As well as that, £3.5 billion has been allocated for the major road network and the large local major schemes programme. We are working with subnational transport bodies, including England’s Economic Heartland, of which Hertfordshire is a member, to prioritise schemes in their areas to be put forward for funding consideration. A lot of money is going into roads in these areas.

Rail also plays a crucial role in the Hertfordshire economy and transport network. We know that more than 60,000 people commute out of the county by rail every day, with the majority commuting to London. Rail also brings more than 12,000 workers into Hertfordshire, so many are commuting into the county as well as out of it. A number of rail projects are therefore being committed or planned that will transform rail travel in the region over the next 10 to 15 years. I understand that my hon. Friend had a positive meeting with the rail Minister, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), earlier today, and I understand that a further meeting has been scheduled to discuss rail services in Hitchin and Harpenden in more detail.

Major projects will provide significant changes to the capacity available and journey opportunities on key services to and from Hertfordshire. We are planning and delivering investment in key local stations in Hertfordshire, such as the planned second footbridge at St Albans City station and the Stevenage Turnback project.

Govia Thameslink Railway provides most of the services in Hertfordshire. I will focus on that franchise not only for that reason but because it was mentioned by my hon. Friend. GTR runs Thameslink and Great Northern services, which connect Harpenden, St Albans, Hitchin, Stevenage, Welwyn Garden City, Hertford and other Hertfordshire towns to London. Recent overall performance on GTR—I have asked about this—has been strong. Its overall public performance measure figure for the most recent rail period—covering May—was 88%. However, I accept that there have been some major operational incidents in recent weeks, including power and signal failures, which have negatively impacted performance across the GTR network, including at Hitchin and Harpenden stations. My Department continues to monitor performance to ensure that, when these incidents occur, the operator recovers service as quickly as possible.

I was concerned to hear my hon. Friend mention the fact that several of his constituents had written to say that they had not received replies from GTR. Perhaps he will raise these points with me afterwards, or write to me in more detail, and I will see whether we can assist in getting expeditious responses.

In the timetable change last month, GTR introduced an additional train each hour in both directions on the Cambridge to Brighton route. I am advised that Hitchin now has more services in each peak, including more fast services, compared with before the May timetable change last year. Hitchin passengers now have a much wider range of possible destinations, with the option of travelling to King’s Cross or using the Thameslink services for direct access to St Pancras, Farringdon, City Thameslink and Blackfriars. Since last month, this range of destinations has also been available at weekends—which it was not previously—with a direct service each hour now running through central London to Brighton on Saturdays or Gatwick on Sundays.

As my hon. Friend says, GTR undertook a passenger demand review on the Thameslink route between St Pancras, St Albans, Luton and Bedford during the morning and evening peak periods to determine properly the usage of each service, including the newly introduced Thameslink express services, following timetable changes throughout the route in May 2018. GTR has consulted on small-scale changes with stakeholders who represent the interests of passengers on the Harpenden route. While an agreement was not able to be reached in time to allow for these changes from May 2019, GTR has said that this process is ongoing and that it will continue discussions with all affected parties to try to achieve a settlement for future timetable changes.

Once the midland main line upgrade works are completed, the frequency, seat numbers and overall capacity at Harpenden, Flitwick and Leagrave stations will be increased to the level that was originally planned. We have already seen additional weekend services at Harpenden, with two extra trains each hour on Saturdays and Sundays introduced in the timetable change last month. For the first time in 40 years, passengers from Hertfordshire are riding on new trains to London Moorgate, as GTR begins to replace mainland Britain’s oldest electric rail fleet. In addition to the new class 700 trains that have been introduced on Thameslink services, 150 new carriages are being introduced on Great Northern in a £240 million investment to replace trains that first entered service as long ago as 1976. The new trains have capacity for 940 people, providing around 25% more capacity compared with the trains they replace. They have air conditioning and free wi-fi, and are designed to modern standards for safety and accessibility. Those are all positive aspects.

As my hon. Friend will know, the Chancellor of the Exchequer announced an extra £500 million at the autumn Budget 2018 for the housing infrastructure fund, bringing the total funding available to £5.5 billion to unlock up to 650,000 new homes across England. The fund will: deliver new physical infrastructure to support new and existing communities; make more land available for housing in high-demand areas, resulting in additional homes that otherwise would not have been built; and support ambitious local authorities that want to step up their plans for growth and make a meaningful difference to overall housing supply.

In March 2018, the Government announced the areas that are being taken forward through co-development, where the Government are working with local authorities to further develop their proposals for the housing infrastructure fund. Hertfordshire is one of the places we are working with in co-development. The Department for Transport continues to work closely with other Government Departments and local partners to take forward these proposals. By working together, we can maximise the opportunities that the fund creates. We can create well-connected places with good transport infrastructure, and accelerate the delivery of homes that the county and the country need.

My hon. Friend raised the issue of Luton airport—powerfully so—and the impact of expansion plans on the residents of his constituency. [Interruption.] Indeed, my right hon. Friend the Member for Hemel Hempstead eloquently did the same. Under section 23 of the Planning Act 2008, all airport expansion decisions that are seeking to increase their planning cap by over 10 million passengers per year are, as my right hon. Friend acknowledges, going to be required to follow the development consent order process, so they would be considered as nationally significant infrastructure projects. That means that they are subject to Government approval as part of that process. It is not just left to the local authorities.

The Government are aware that Luton airport has been in breach of night noise contour limit planning conditions for the past two years. As the noise controls at Luton airport are set by the local planning authority, decisions on enforcement should also be made at this level and without Government intervention. As Luton airport has requested a variation to a condition of its existing planning permission, which was granted under the Town and Country Planning Act 1990, the question of whether to call the application in is not determined by the aviation Minister. I understand that the Secretary of State for Housing, Communities and Local Government is considering requests to call in this planning application for a variation of conditions. He will have regard to call-in policy when reaching his decision. In the meantime, as a result, it would not be appropriate to comment any further.

The Government recognise, however, that aviation noise is a key concern for communities who live near airports and underneath flight paths, and that aviation emissions are a key factor when considering how the sector can grow sustainably. To maintain an appropriate balance between growth and the environmental impact of aviation, the Government believe that, where possible, noise and environmental controls should be set locally, and this is often achieved through planning conditions.

[Sir Mike Penning]

There is something special about Luton. Yes, this should usually be done through the local authorities and local councillors should decide, but Luton owns the airport and Luton is the planning authority. It is not done in the usual way; it is a very different situation. They get all the profits and none of the flights; they get all the benefit and we get all the pain.

[Michael Ellis]

I take on board my right hon. Friend’s point. I am sure he will agree, having said that, that considerable investment is currently being made in transport improvements in Hertfordshire. There are also some excellent opportunities for further investment in this key corridor through the various funding streams that I referred to earlier, most notably the housing infrastructure fund and the major road network. I would urge local partners to build a robust and compelling case that demonstrates to Government the need for investment in key infrastructure in this high-growth part of the country, delivering benefits to the constituents of my right hon. Friend and my hon. Friend, and to current users, as well as equipping the area for future growth and success.

Question put and agreed to.