Motorcycle Licences

Norman Baker Excerpts

Tuesday 4th September 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Norman Baker)]

I thank my hon. Friend the Member for Wycombe (Steve Baker) for raising this subject and for his kind comments about my colleague and hon. Friend the Member for Hemel Hempstead (Mike Penning)—I was going to say that he is on his way to Northern Ireland, but he appears to have returned to the Chamber for one last transport debate, for which I am grateful. If I miss anything out, he can pass me a note and I shall happily incorporate it into my comments, as the matter has been part of his portfolio, not mine, and as he knows much more about motorcycles than I do. What I do know is that he has been very supportive of motorcycling, as has the Department since the coalition Government took office, and I do not see that changing.

With regard to bike modification and the Commission’s proposals to overhaul the existing scheme for type approval of motorcycles, we have argued strongly against extending anti-tampering measures, which we felt were based on unconvincing evidence for change. We have been successful in limiting their application to bikes that are subject to power or speed restrictions, such as learner bikes, so larger, unrestricted bikes will not be affected by the proposed anti-tampering measures. The proposals relate only to modifications that change the power and speed, so riders will continue to be able to customise their bikes.

More widely, we have opposed the delegation of powers to the Commission within the proposed regulation to set technical detail and argued against measures that impose unnecessary costs and restrictions. We have secured a number of positive objectives, such as limiting the application of costly anti-lock braking requirements on smaller bikes, while ensuring the safety benefit of their fitment to larger machines, simplifying test procedures and blocking tighter requirements for the approval of one-off specials—custom bikes. Despite our objections, it is likely that the regulation will be adopted later this year and enter into force in 2016.

I recognise the concerns my hon. Friend expressed about the changes to module 1 of the motorcycle test. Since then, we have implemented a number of changes to improve riders’ and trainers’ ability to access the test, including: addressing trainers’ concerns about manoeuvres by restructuring the order in which they are undertaken, providing more flexibility in speed measurement and making small changes to the layout of the test; making more test sites available by acquiring casual sites, such as those already owned by the Vehicle and Operator Services Agency and privately owned sites such as Silverstone, to try to minimise gap areas; and working with trainers to review the booking system to improve the availability of test appointments at times that suit the trainers and trainees.

My hon. Friend will also know that the motorcycle test review has been considering alternative ways of providing a motorcycle test that maintains UK riding standards and improves the accessibility and safety of the test candidates while meeting the requirements of the European legislation. The aim is to accommodate all the manoeuvres in a single-event test that can be delivered in all parts of Great Britain. We have focused on the higher-speed, low-speed and braking manoeuvres required by EU directives, including the design and content of the manoeuvres and the locations where they could be performed as part of the test.

We have made progress in identifying potential alternative manoeuvres and the kinds of locations that could be suitable. We are now holding independent trials to evaluate these options to see whether they are feasible, safe and deliverable in all areas. Subject to these trials, there will be a public consultation on any proposals for changing the motorcycle test. I appreciate that hon. Members across the Chamber sometimes want us to make progress more quickly than we are able to. I can assure my hon. Friend that my hon. Friend the Member for Hemel Hempstead has been very busy in trying to make as much progress as he can, and we will not let up on that as we move forward under the new Secretary of State for Transport.

Under the third driving licence directive, new driving licence rules will come into force on 19 January 2013. The directive will introduce new categories for motorcycles that will apply from 19 January 2013. The changes will not affect entitlement gained before that date. There are new categories for mopeds and for small, medium and unlimited-size motorbikes—categories AM, A1, A2 and A respectively. As my hon. Friend is aware, a rider can progress from a smaller to a larger bike by direct access, based on a minimum age for a specific category, but progression can also be through staged access, based on two years’ experience for a given category. Through that progression route it is feasible for the rider to gain entitlement at age 21. The new categories implement the EU’s third driving licence directive and UK legislation has already been made. There is no further scope to influence the EU on the directive, which has now passed into EU and domestic law, but much work has been done to publicise arrangements in advance of it coming into effect.

The directive also specifies the minimum size of bike on which the practical test can be taken. My Department has been working with the Commission to ensure that the categories make sense and provide flexibility—for example, by working on categories that align with manufacturers’ specifications on the engine size. A 5 cc tolerance around the minimum engine capacity for a motorbike has been proposed, so for category A the minimum engine size for a test vehicle can be between 595 cc and 600 cc. For electric bikes, specifying a power-to-weight ratio rather than engine displacement is also something we have been pursuing. As part of this work, the Commission has proposed a change for the conventional petrol engine bikes that can be used for the practical test, allowing entitlement to unrestricted access to any sized bike in category A. The change increases the minimum engine power from 40 kW to 50 kW—or 54 to 67 brake horsepower, for those interested in such measurements—and introduces a minimum 180 kg unladen weight, kerb weight.

In June this year the EU Commission circulated a directive that included all those changes and amended the third driving licence directive. The change to bikes that can be used for the test under category A was not welcome and we raised concerns about the impact it would have.

The Commission’s main argument for the new requirement in relation to engine power and minimum weight is that it will lead to the tests taken on motorcycles being more representative of their category. We are concerned that inadequate justification has been provided by the Commission to explain why that particular change to category A is being made and why the specific requirements have been chosen. Apart from greater development of electric bikes, there has been no significant change in bike technology to warrant any change since the third driving licence directive was originally adopted in 2006. In addition, there is little difference in handling between a bike with 40 kW and one with 50 kW, so there is no obvious road safety benefit from taking a test on a bike with 50 kW. Furthermore, I am concerned, as is my Department, about the impact it will have, particularly on training providers.

The new amendments are due to come into effect on 31 December 2013. To make this change so close to the introduction of the new rules in January 2013 is, in our view, confusing and provides very little notice. There is inadequate protection and no transitional provision to safeguard those who, quite understandably, have purchased bikes at 40 kW in anticipation of the law changing on 19 January 2013. Those points have already been raised clearly with the Commission, which has powers to make minor amendments, subject to the views of member states. Disappointingly, at the Commission’s driving licence committee on 26 June, few other member states shared our concerns. The Commission extended the lead-in time for the changes to take effect to 31 December 2013, but secured a positive vote for them from the majority of member states. I am concerned that the change does not add real value to road safety and that it will have a disproportionate impact on training providers.

The Government are committed to simplifying regulations so that they do not impede growth, and to working with the European Union to make that happen, but we do not think that this particular change makes sense. It is an example of change that does not tie in with the EU’s objective to develop measures that add value and encourage growth, and we think that it is out of step with the EU’s smart regulation agenda to ensure the quality of regulation.

The Government are, therefore, taking the step to make objections to the Council of the EU within permitted grounds of objection. We would need a qualified majority to block the amendment and we are writing to other member states to enlist their support. The Council has until October to make that decision. Obviously, we do not know what the response of other member states will be.

In the meantime, we have taken action to make sure that the motorcycle industry is aware of the changes as soon as possible. On 16 July, we published the changes on the Department for Transport website and notified the motorcycle training industry and other representatives of the motorcycle industry.

I hope that my hon. Friend will appreciate that we are taking steps to get the amendment to category A changed and to achieve a positive outcome. I also hope that he will welcome the general steps that the Department is taking to ensure that we give support to motorcyclists. Despite the unwelcome departure of my hon. Friend the Member for Hemel Hempstead to Northern Ireland—it is unwelcome for the Department, but I am sure that he is very pleased about it—we in the Department will do our best for motorcyclists.

Question put and agreed to.