HGV Fly-parking: Kent

Robert Flello Excerpts

Wednesday 7th September 2016 Westminster Hall

[Helen Whately]

I thank my hon. Friend for her support. We both experience problems with fly-parking around Maidstone.

A huge number of lorries pass along the M20 and through Kent every day. That number is increasing, and the growth trend is expected to continue. In fact, we should hope that it will, because lorry numbers and freight volumes increase as the economy grows. As that happens, the parking situation is likely to get only worse.

Fly-parking is not only a nuisance, it is dangerous, especially when lorries stick out of lay-bys into fast roads or occupy hard shoulders. Last year, tragically, a 74-year-old woman from Maidstone called Susan Mellor died when her car crashed into a lorry parked on the hard shoulder at junction 7 of the M20 in my constituency. Kent police have shown me footage of officers walking along the hard shoulder to move lorries on. As they do so, cars are pounding past, clearly putting the lives of officers in some considerable danger. The process also takes up material police time. Aside from the dangers, there are the problems of noise from the lorries, particularly refrigerated lorries in residential areas; the significant litter associated with lorries parking up; and—I am afraid there is no nice way to put this—human fouling of verges and areas where lorries park. That is truly disgusting, but it happens because the average lay-by or roadside verge has no facilities for drivers to use.

[Robert Flello (Stoke-on-Trent South) (Lab)]

My apologies for missing the start of the debate; I was delayed at a meeting. I am enjoying the hon. Lady’s contribution, and I congratulate her on securing the debate.

The vehicle recovery operator who goes out to fix a vehicle in a lay-by that is awash with most unpleasant materials is the guy—typically it is a guy, although sometimes it is a lady—who has to lie in that to do the repairs. It is horrible. Does the hon. Lady have every sympathy with people, whether they are from one of the recognised motor clubs or from one of the many recovery businesses throughout the country, who have to lie in that to work on vehicles?

[Helen Whately]

I thank the hon. Gentleman for bringing to life very effectively the unpleasantness of what is on the verges.

[Helen Whately]

I completely agree with my hon. Friend that we need to do more. I will make some suggestions in a moment.

I want to look at this from the perspective of the lorry drivers as well. I am here to represent my Kent residents, but it is also important to understand that there is a challenge for lorry drivers. As my right hon. Friend the Minister will know, they are required by law to take breaks every four and a half hours, and they must record their driving hours on a tachograph. When the time comes for them to stop, they need to stop. Most drivers plan ahead for where they will stop, but all too often the stop they planned to use is full. For example, my hon. Friend the Member for Folkestone and Hythe (Damian Collins) tells me that the Stop24 lorry park in his constituency is often full. If that happens, drivers have to stop wherever they can.

The current situation has been intensified by the problems around Calais, which make drivers very reluctant to stop in that area. They are choosing to stop on our side of the channel, on their way over or on their way back, which is making the problem worse. The situation in Calais may continue for some time. I hope that it will be resolved, but even when it is, we should not think that the problem will go away, because the underlying problem of a shortage of lorry parking spaces in the south-east will remain.

In preparation for the debate, I have spoken to Kent County Council, which is well aware of the problem and working hard to tackle it. Matthew Balfour, the cabinet member for transport, told me that the council is currently doing a survey of the number of HGVs parking overnight across the county, which will update the figures for how many additional spaces are needed. The council is also looking into where lorry parking might be made available. Councillor Balfour also told me that enforcing parking restrictions is a challenge, and the level of fines tends to be lower than the cost of collecting them. A clamping pilot in Ashford was successful, but it proved prohibitively expensive because the cost of carrying it out was much greater than the revenue it brought in.

I have some specific examples. The penalty for parking on the hard shoulder is only £30, which is less than the £50 fine for exceeding safe driving hours. Parking overnight at a truck stop often costs around £21, so from a driver’s point of view, parking somewhere they should not might be a risk worth taking, even when there is room in a service area.

[Robert Flello]

The hon. Lady mentioned the cost of truck stops and all the other fines, but if a driver parks at a motorway service area—quite often, there are no truck stops—that can be considerably more expensive again.

[Helen Whately]

The hon. Gentleman makes an important point. We need to combine available and affordable parking with penalties for drivers who park where they should not park.

The view from my local authority is that in order for it to properly enforce parking in sensible places, current legislation would require it to put up so much signage that there would be a veritable explosion in signage across the country, as well as extra yellow lines. That would be very high-cost and would have an unacceptable visual impact.

On the motorways, physical barriers can be effective, as has been shown at junction 8 of the M20 in my constituency, where permanent bollards have been put up, meaning that lorries are no longer parking on that slip road. However, rather than solving the problem, such barriers only shift it on elsewhere.

Issuing parking tickets is extremely time-consuming for the police. Where lorries are parked dangerously, the police’s priority is to move them along rather than issuing drivers with a ticket, but again that just shifts the problem elsewhere.

Every organisation I have spoken to—Kent police, Kent County Council and the Road Haulage Association—is clear that the current system is not working and has not worked for at least 15 years. While Kent is disproportionately affected, other areas, such as Wales and Essex, are also affected, as my hon. Friend the Member for Cannock Chase (Amanda Milling) said. This is a national problem and not just a Kent problem. Furthermore, it is a national problem because the M20 through Kent is the UK’s main route for international road freight, an industry that is worth about £11.2 billion annually to the UK economy. The Government must surely recognise that this is a serious problem that requires a clampdown.

First and foremost, however, we need more overnight parking spaces in Kent. There are not enough commercial truck stops to meet demand, so there is market failure going on. Having said that, my right hon. Friend the Minister will know how much I welcome the Government’s £250 million investment in the lorry parking area at Stanford West. It should save residents and businesses from the gridlock of Operation Stack, which closed the M20 in my constituency for 32 days last year. In addition, as has been proposed in the current consultation on the lorry park, it may also be used by lorries outside of Operation Stack, providing about 500 overnight parking places. That is absolutely crucial and would go a long way towards addressing the shortage of lorry parking spaces in Kent.

However, there is also a question of timing. I appreciate Highways England’s “stack first” approach on the lorry park at Stanford West; Highways England is working to get it open for next summer. However, I have also been told—albeit informally—that it might be several years before the lorry park is ready for parking outside of Operation Stack, which strikes me as being too long to wait. I urge my right hon. Friend the Minister to make sure that Kent and the country’s lorry drivers do not have to wait so long for more parking spaces. Moreover, the Operation Stack lorry park alone will not solve the problem. If the shortfall in 2011 was 600 places, it is likely to be significantly greater now, and it will only grow further. Also, using just one location is not the answer, because lorry drivers use other routes, or they might need to stop earlier or later, so we need more lorry parking spaces all along the trunk roads through Kent.

Freight organisations have said that planning and funding are major barriers. One suggestion is that parking provision should be a requirement in any major industrial development. Major projects, such as the new lower Thames crossing, are on the way, and I would be grateful if my right hon. Friend the Minister could say what steps he might be able to take to ensure that as road capacity is increased with such major projects, lorry parking capacity is also increased to meet the demand.

In turn, however, that prompts the question of whose responsibility it will be to provide such extra parking. In preparing for this debate, it has been unclear to me quite whose responsibility it is to ensure that there is sufficient provision of lorry parking around trunk routes. I would be grateful if my right hon. Friend could say whether it is Highways England or another agency.

In considering what could be helpfully done to address this issue, we need to make it easier for local authorities, Highways England and the police to enforce parking control. Local authorities need to be able to restrict parking in inappropriate places without extensive and costly signing and lining. The police would like police officers and Highways England enforcement officers to be able to direct lorries to move on to a particular place, such as a lorry park, so that they can actually solve the problem when a lorry is parked illegally rather than just shifting it along to another lay-by. At the moment, no sooner do they move a lorry on than it goes and stops somewhere else that it should not stop, and another lorry comes along and fills the place that it has just moved on from, which is a pretty frustrating process for them.

Once sufficient parking provision is in place, I would like the Department for Transport to consider increasing the fines for fly-parking, because it is clear that the current fines are not an effective deterrent. I am not saying that we should increase the fines while there is a shortage of legitimate parking places, but once there is sufficient parking capacity it would make sense to ensure that there is also a sufficient incentive for lorry drivers to use it, even though they are likely to have to pay some level of charge for it.

Local authorities have told me that they need greater powers to collect fines, particularly from foreign-registered lorry drivers, who constitute the majority of lorry drivers using the trunk routes, although I should make it clear that it is not thought to be exclusively foreign lorry drivers who are parking in the wrong places. Judging from the evidence I saw with the police, a mixture of foreign and British drivers do that. Nevertheless, one suggestion from a local authority is that foreign lorry drivers could be prevented from crossing the channel if they have an outstanding parking fine.

To make things really simple for lorry drivers, once there is sufficient parking capacity, could there not be some kind of complete ban on HGVs parking for prolonged periods other than at an authorised truck stop? Then it would be really clear that lorry drivers were not allowed to park up for their official rests unless they were in an authorised place.

While I was looking into all of this, it struck me that there is some level of confusion about who is responsible for what, and that there are various hand-offs between the different parts of the road network. What is a police matter, what is a matter for Highways England and what is a matter for local authorities? I wonder whether there is any way of simplifying that framework and having a single organisation that is responsible for the enforcement of lorry parking.

I have a final request to make of my right hon. Friend the Minister. Could he meet Kent County Council and other stakeholders to discuss the problem? That is particularly important now, because there is an opportunity to take a strategic overview of the entire road network across Kent, taking into account the projected increases in traffic and the impact that the new lower Thames crossing is likely to have on roads that are significantly downstream of it. I hope the Government will take that opportunity, because this issue is not just about Kent; it is about making sure that we have a road infrastructure for the whole country that is fit for the future.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I begin by congratulating the hon. Member for Faversham and Mid Kent (Helen Whately) on securing this debate. I do not intend to say more than a few words on this issue, which is one that I find very troubling indeed. I also draw the Chamber’s attention to my entry in the Register of Members’ Financial Interests regarding these matters.

I would like to highlight the fact that, as the hon. Lady said, across the country there is a shortage of something like 50,000 heavy goods vehicle drivers, so there is a real need for HGV drivers. One of the reasons—one of many reasons, agreed, but an important one—that there is such a shortage is, quite frankly: why would anyone want to be a haulier, for example a long-distance lorry driver, when it seems that the nation’s view of hauliers is that they should be quite happy to park up in a dismal layby, using the nearest bush as their toilet facilities and washing in a cup? That seems to be what we as a nation believe our HGV drivers should expect, because there are just not the proper facilities for them.

There are motorway service areas across the country, which are mainly designed for car drivers in particular and, to some extent, van drivers; they are not really designed for drivers of larger vehicles. The facilities in those service areas, including the parking facilities, are expensive, as the hon. Lady allowed me to say in an intervention on her: the food and drink that they serve are expensive; and the fuel that they sell is very expensive. Quite frankly, the driver of an HGV would not want to stop at one of those service areas unless they were just nipping in to grab something to eat or to have a toilet break. Also, HGV drivers will probably realise that their managers back at base will be breathing down their neck, because the extra fuel it takes to slow down, pull into such a service area and then accelerate away again means that any break or stop by an HGV has a genuine cost.

As the hon. Lady also quite rightly pointed out, HGV drivers are bound by what their tachograph says about the hours they are working, when they should have rest breaks and those sorts of things. However, a driver is dependent on a road infrastructure, while travelling through Kent or through other areas, which means they might face a delay in getting to their destination as they come through the channel tunnel or use one of the ferries, or a delay on the road itself, as they get snarled up in traffic jams. There are a whole host of things that can go wrong for drivers. Despite their careful planning of their route, they might find themselves having to take a break somewhere they might not otherwise wish to stop.

Indeed, given the appalling situation in Calais at the moment, which the hon. Lady has already drawn our attention to, HGV drivers may well decide that they will stop many miles from Calais, to avoid running the risk of being attacked, as a lot of drivers have been, or having their vehicle broken into, or—to add insult to what is quite often real injury—getting to other side of the channel only to find that somebody did manage to stow away on their vehicle and consequently getting a penalty for having brought them into the country. We will have drivers stopping a long way from Calais, doing the run through and having to stop very quickly when they get to Kent. It will be the same in the other direction, with drivers stopping in Kent on their way through. There are a lot of reasons why a driver will stop, and it is not the drivers’ choice. They do not want to stop in lay-bys and use the facilities or non-facilities there. They would like to use motorway service areas, but the cost is often prohibitive. The number of truck stops around the country is lamentable and poor. Where there are truck stops, they are often in places that historically were on main routes but that is now no longer the case because motorways or depots have moved.

It seems—from what I have picked up, this is what the industry believes—that the Government think this is just a commercial matter and the commercial side should just get on and build truck stops if there is such a demand for them. However, the developers that might be interested in building truck stops often say, “In all reality, it is often 10 years before the idea of truck stop produces a truck stop. We can’t be bothered with it.”

My final point is on Operation Stack and the £250 million. I know there is pushback from some people in Kent who say that the lorry park is in the wrong place and that there will still be problems with congestion on the roads getting to and from the location. Time will tell on that one. I have a feeling that they are probably right to be concerned. I hope that what we take from this excellent debate, which the hon. Member for Faversham and Mid Kent initiated, is that we need to start valuing our commercial drivers and give them the facilities they deserve. At a stroke, that would resolve all the problems and appalling situations that local residents have to put up with. They are not the only victims in this, however, and the Government have to do something to take this issue on board and not just leave it to the commercial sector to deal with.

--- Later in debate ---

[The Minister of State, Department for Transport (Mr John Hayes)]

It is a delight to speak in this debate, and I congratulate my hon. Friend the Member for Faversham and Mid Kent (Helen Whately) on securing it. It is understandable that she has done so, and I well understand the problems that she and other hon. Members have highlighted. I know many hauliers, not least because road haulage is an important part of the economy of my constituency; it is vital to our whole economy as well. The high concentration of heavy goods vehicles passing through Kent is a subject of particular concern, however, in view of the deleterious effects outlined by a number of the contributors to this short debate. It is a matter on which I have cogitated as Roads Minister, in both my previous and current incarnations in the Department. Indeed, as my hon. Friend the Member for Folkestone and Hythe (Damian Collins) said, I am visiting Kent tomorrow to look at exactly the matters in question, to meet councillors, and to look at the proposed site of the park, which has been mentioned a number of times.

As I said, HGVs are vital to the economy. They carry what we need to where we need it, and take what we make, grow and fashion to those elsewhere who want to buy it. Nevertheless, the presence of heavy goods vehicles on local roads and public highways can present a challenge and cause difficulties of the kind that have been outlined. In addition, parking is often at a premium. Those who park should of course keep in mind the effect on their neighbours of what they do. Careful and lawful parking is never more important than when the vehicle is a lorry. We hear regularly from the haulage industry that there is a shortage of affordable, good-quality facilities for lorries and their drivers. As my hon. Friend the Member for South Thanet (Craig Mackinlay) said—incidentally, I do indeed know the Thanet Way extremely well, and was in Broadstairs on holiday again this summer—there is a question of incentive, or carrot, and penalty, or stick, in dealing with the problem. I shall try to deal with both carrots and sticks in my short and pithy but none the less impressive speech.

The last national survey, in 2011, suggested that facilities on or near the strategic road network were underutilised, on average, across England, but not in Kent, where there are particular problems, which local stakeholders have reported repeatedly.

[Robert Flello]

It is good to see the right hon. Gentleman return to the Department. He referred to the study on underutilisation, but the big problem is that a lot of the stops are in the wrong place. It is not surprising that they are underutilised outside Kent, because they are not where the lorry drivers want them to be.

[Mr Hayes]

I am inclined to agree with that, which is why I want to do a new piece of work on it. I have decided today that, as a result of this debate, we will look at the issue afresh. We need to do a new study that takes account of the current circumstances and the distribution of supply and demand, as the hon. Gentleman says. I send a message to Members in this Chamber and to my officials, whom I like constantly to surprise, that we will, as a result of this debate, have a fresh look at the provision and location of parking space. The hon. Gentleman is right.

--- Later in debate ---

[Mr Hayes]

That is one of the reasons why I am going to Kent tomorrow. My hon. Friend is right that we need to take fully into account the specific concerns in the locality. I will ask Highways England to work closely with residents and local stakeholders to ensure that the design of the new lorry area minimises the social and environmental impact while addressing this issue for users of the road network. Highways England is also exploring the use of the lorry park for the overnight parking requested by my hon. Friends. We are seeking feedback through the consultation, which, as my hon. Friend the Member for Folkestone and Hythe and others know, is going on presently, on how that can and should work.

This is not just about Operation Stack and the new facility. It is a national problem that requires the Government, local authorities and industry to work together. Overnight parking of HGVs on the highway and in various business parks has been a significant and growing problem for a considerable time, and the wider effects are various. There is a problem with noise, nuisance, litter, safety and environmental damage, as a number of hon. Members described. Dogs were brought into the equation by my hon. Friend the Member for South Thanet, who said that the solution requires a carrot and a stick. I thought it should be a bone and a stick—the stick to throw and the bone to feed.

Nevertheless, a variety of challenges arises from that important concern. To that end, I want to have ongoing discussions with motorway service area and lorry park operators and with the freight industry. I want to see what can be done nationally to improve the availability of quality, safe and secure parking areas. In Kent, Members, councillors and others will play their part.

I am aware of illegal parking by HGVs on the hard shoulder of motorways and local roads in Kent. On the motorways, last winter, in a concerted effort by Highways England and Kent police called Operation Kindle, Highways England traffic officers patrolled key locations systematically and advised drivers of illegally parked vehicles to move on. If they did not do so, the traffic officers informed the police. Fixed penalty notices were issued—if drivers refused to pay, their vehicles were moved to a secure location where they were immobilised until the fines were paid. Graduated fixed penalty notices allowed officers to issue cumulative fines measured against the number of offences and their severity. I understand that operation to have been successful in clearing the targeted areas. For example, on the night of 9 December last year, the police moved on 153 illegally parked vehicles on the M20 and M2, and more than 50 drivers were fined.

Many such vehicles are foreign-owned, which causes a particular problem, as changing the law to allow enforcement of tickets given to foreign-registered vehicles would require an international treaty. When I was told that by my Department, I said that I would quite like to sign an international treaty—it sounds so grand and important, doesn’t it? If that is what we need, that is what we will do, make no mistake. The important thing is to solve the problem, not to focus continually on the obstacles to doing so.

[Robert Flello]

I thank the Minister for giving way. He is being generous with his time.

Forgive me if I have the figures slightly incorrect, but I understand from the Department’s own statistics that in the past two years alone there has been a 50% increase in the amount of freight carried by overseas-registered vehicles, so the issue will grow and grow. The sooner those treaties are on his desk and his pen is in his hand the better—that sounds like a very good move.

[Mr Hayes]

The treaty is not on my desk yet—I would not want to deceive the hon. Gentleman or anyone else. Certainly, however, we need to find the solution to the problem of foreign-owned or foreign-driven vehicles. Even if we get the rest right, if we do not solve that problem I suspect we will have only a partial success. Whether any solution involves clamping or seizing those foreign-owned vehicles I do not yet know, but I will certainly ask for further advice on what might be done to tackle that particular issue, which he is right to emphasise again.

Let me sum up and move to my exciting peroration. My hon. Friend the Member for Faversham and Mid Kent asked for many things. She focused her attention on the possible benefits of any solution for Operation Stack, but she also stressed that that was not the whole story. She talked about needing more space more generally in Kent—my hon. Friend the Member for South Thanet emphasised that point—and we will certainly consider that. She asked me to be more specific about the timing of the provision of a new lorry park, and I will endeavour to do that. I want to get this right, and she is right that if we are to do it, we need to set out a timetable for it, so I understand the anxiety that we should do so. She and others have made that point well. She talked about enforcement and fines, which I will come on to in a moment, and about foreign vehicles, which we have heard about, and she also called for a meeting.

Let me tell the House what I think we should do. I take the view that debates in Westminster Hall and elsewhere in this place must deliver outcomes, rather than simply allow Ministers to repeat what they have already thought or, more especially, been told. This is what we are going to do: I will look at whether we can improve enforcement, if necessary through a change in the law. If we have to put in place new measures to allow enforcement, we will look at doing so. I will seek further advice on that, and will bring further information to the House accordingly.

I am happy to look at new long-term solutions for overnight parking, as I described in my response to the hon. Member for Stoke-on-Trent South. We also need more information—reasonably quickly, actually, as we cannot delay further—because relying on a survey from some time ago is not good enough. I am happy, too, to approach hauliers’ groups directly about the advice they give to drivers. My hon. Friend the Member for South Thanet made a point about sat-nav, which, personally I do not use, of course, but I understand others do. It can often divert people, unhappily, to routes that are not only unhelpful but injurious to the interests of local communities. We need to work with hauliers on that, and I am happy to meet the Road Haulage Association to talk through what advice it might provide to drivers about parking. I will do so as a result of this debate.

I want to do more on litter. Litter came up in the debate, but I did not raise it with my officials earlier, so this is another delightful surprise for them. I want to do a lot more about litter. I began the fight when I was previously in the Department, but I was moved on to the Home Office and was not able to complete the work. We need to do a lot more about litter in areas such as lay-bys, but also more widely on our road network.

At root, of course, the problem is one of how people treat litter. If they throw things out of car windows, it is pretty hard for Highways England or any local authority to cope. None the less, we can do more about the provision and emptying of bins and the clearing of lay-bys. Also as a result of this afternoon’s debate—I have listened carefully to what people have said—I will ask Highways England to look again at a new initiative on the littering of our roads and, in particular, areas where people stop or park.

I want to look at motorway service areas. A point made forcefully by a number of hon. Members was that the alternatives to parking in lay-bys are not sufficiently attractive. That is sometimes to do with the security of those areas. Someone who parks overnight in a heavy goods vehicle will be concerned about who might get access to that vehicle. The provision of adequate security at the alternative sites is an important element of the solution. I want to look at motorway service areas, the kind of alternative that they are offering, the security of that alternative, its attractiveness and, by the way, its cost. As a number of hon. Members argued, if something is too costly, drivers will avoid it. We need to look at whether the better offer, as it were, is competitive and attractive.