Draft Motor Vehicles (Driving Licences) (Amendment) (No. 5)
Regulations 2021 The Committee consisted of the following Members:
Chair: Peter Dowd Bacon, Mr Richard (South Norfolk) (Con) †
Baillie, Siobhan (Stroud) (Con) Bryant, Chris (Rhondda) (Lab) †
Cox, Sir Geoffrey (Torridge and West Devon) (Con) † Doogan, Dave
(Angus) (SNP) † Duguid, David (Banff and Buchan) (Con) † Dunne,
Philip (Ludlow) (Con) † Greenwood, Lilian...Request free trial
Draft Motor Vehicles
(Driving Licences) (Amendment) (No. 5) Regulations
2021
The Committee consisted of the following Members:
Chair:
(South Norfolk) (Con)
† (Stroud) (Con)
(Rhondda) (Lab)
† Cox, Sir Geoffrey (Torridge and West Devon) (Con)
† (Angus) (SNP)
† (Banff and Buchan) (Con)
† (Ludlow) (Con)
† (Nottingham South)
(Lab)
† (Parliamentary
Under-Secretary of State for Transport)
† (Gravesham) (Con)
(Kingston upon Hull
North) (Lab)
† Leadbeater, Kim (Batley and Spen) (Lab)
† (Central Suffolk and North
Ipswich) (Con)
† (Lord Commissioner of Her
Majesty's Treasury)
† (Ilford South) (Lab)
† (Sevenoaks) (Con)
(Cynon Valley) (Lab)
Ian Bradshaw, Committee Clerk
† attended the Committee
The following also attended, pursuant to Standing Order No.
118(2):
(Bristol South) (Lab)
Third Delegated Legislation Committee
Monday 13 December 2021
[Peter Dowd in the Chair]
Draft Motor Vehicles (Driving Licences) (Amendment) (No. 5)
Regulations 2021
18:00:00
The Chair
I can confirm that we are quorate. Before we begin, I remind
Members that they are expected to wear face coverings and to
maintain distancing as far as possible, in line with current
Government guidance and that of the House of Commons Commission.
Please give one another and members of staff space when seated
and when entering and leaving the room. I also remind Members
that they are asked to have a covid lateral flow test twice a
week if they come on to the estate, either at the testing centre
in the House or at home. Members should send their speaking notes
by email to handardnotes@parliament.uk. Officials in the Gallery
should communicate electronically with Ministers.
18:01:00
The Parliamentary Under-Secretary of State for Transport ()
I beg to move,
That the Committee has considered the draft Motor Vehicles
(Driving Licences) (Amendment) (No. 5) Regulations 2021.
It is pleasure to serve under your chairmanship, Mr Dowd. This
statutory instrument, together with the Motor Vehicles (Driving
Licences) (Amendment) (No. 4) Regulations 2021, and the Motor
Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2021,
which follows the negative procedure, are part of several
measures through which the Government are seeking to address a
heavy goods vehicle driver shortage.
The regulations were originally laid before Parliament on 16
September 2021 as the Motor Vehicles (Driving Licences)
(Amendment) (No. 2) Regulations 2021. However, the No. 2
regulations were not approved in both Houses in time to come into
force on 15 November 2021 as intended. Since such affirmative
statutory instruments cannot be amended once laid before
Parliament in draft, we have taken action to lay the regulations
afresh, as the draft Motor Vehicles (Driving Licences)
(Amendment) (No. 5) Regulations 2021. The No. 5 regulations are a
replication of the No. 2 regulations, save for an updated title
and coming-into-force provision.
The haulage sector has for some time been experiencing an acute
shortage of heavy goods vehicle drivers worldwide. The
coronavirus pandemic suspended driver testing for much of last
year, which increased the shortage further. The shortage affects
the supply chains of not only fresh food but fuel, medicines and
medical equipment across Great Britain.
As hon. Members will be aware, we are working at pace to deliver
Government interventions, including regulatory changes that could
alleviate the HGV driver shortage. I recognise the Committee’s
concern that evidence could not be provided; I reassure hon.
Members that the Department for Transport takes seriously its
responsibility with regard to evidence-based policy-making. I am
pleased to report that an impact assessment has now been
submitted to the Regulatory Policy Committee for scrutiny. I am
grateful that these debates could be held at the earliest
opportunity, so that we can address this issue as a matter of
priority.
This statutory instrument is part of 32 Government interventions
to help alleviate the haulier shortage. The overall aim of the SI
is to increase the number of heavy goods vehicle drivers in Great
Britain by increasing the number of test slots available to
drivers wishing to pass the HGV driver test, while maintaining
road safety standards following any changes made to the driving
licence testing regime.
The intention of the No. 5 regulations is to remove the need for
driving licence categories B and E—that is, car and trailer
tests—which are currently required by car drivers who wish to tow
a heavy trailer. Driving examiners have limited test
availability, and this legislation would free up driver examiner
time that could be reallocated to conducting HGV tests. That
should provide additional availability of tests for potential HGV
and bus drivers, to help lessen the driver shortage. For car
drivers, the change in legislation will mean that they will be
able to tow a heavier trailer—up to 3.5 tonnes or 3,500 kg—
automatically once they hold a category B licence, without
needing to take an additional B+E test.
Theory and practical training will continue to be recommended to
help maintain driver safety on the roads. An accreditation scheme
is being developed, with help from the trailer industry and
training providers. The scheme will provide voluntary training
opportunities for car drivers wishing to tow a trailer of any
size for either recreational or business use. My officials have
met with the all-party parliamentary group on trailer and towing
safety to develop the outline of the scheme, and to consider core
modules that would be applicable to all drivers who tow, as well
as sector-specific modules. These might cover activities such as
safely managing livestock and breakdown recovery towing.
We are already working with trainers and those in leisure and
business to develop the trainer package. Together with these
groups and the police, we will identify the additional data
needed to monitor towing standards effectively. The scheme is
planned to launch early next year and will focus, through the
provision of specialised modules, on specific driver needs when
towing different types of trailers. We will continue to recommend
car drivers to undertake training on safely towing and managing
trailers. We will encourage drivers through our existing
campaigns, and we will work with leisure and towing groups to
reach out with offers of training through their
communications.
Road safety is, of course, of the utmost importance. That is why
we have committed to reviewing this legislation at regular
intervals—initially after three years have passed, and thereafter
at five-year intervals. An impact assessment will be published
early in the new year. Owing to road safety concerns, we decided
to hold an additional review three years after legislative
change, rather than after the standard five years. It is worth
noting that around 6 million drivers who passed their test before
1 January 1997 can already drive a car with a trailer without
having to take a separate test. This change affords that same
entitlement to drivers who passed the test after 1997.
We should be proud that the UK has some of the safest roads in
the world. I reassure the Committee that our support for the “Tow
Safe 4 Freddie” campaign will continue.
(Ludlow) (Con)
The Minister is making important points about this proposed
legislation. Will she reassure me that the impact assessment that
her officials will produce in January, after this instrument has
come into effect, will include an assessment of how many training
establishments that were established to provide training to
drivers on towing vehicles, rather than offering more advanced
heavy goods vehicle courses, will have gone out of business? A
constituent of mine has set up a business and is of the opinion
that none of his trainers will go on to train HGV drivers,
because that is not what they want to do. The objective of this
provision is right: we should try to increase the capacity for
HGV driver training. However, I am concerned that we may
inadvertently shut down viable businesses across the country.
I thank my right hon. Friend for his intervention. I will
endeavour to ensure that the impact assessment takes that figure
into consideration. We are working with training providers, and
we are also looking at potential compensation schemes. My right
hon. Friend should, in the first instance, suggest that his
constituent accesses the helpline via the Government website.
We should be proud that the UK has some of the safest roads in
the world. I referred to the “Tow Safe 4 Freddie” campaign. This
will continue. We will draw attention to the importance of
motorists doing safety checks whenever they are towing. The
removal of the separate test for car drivers wishing to tow a
trailer or caravan frees up some 30,000 vocational test slots
annually. That equates to up to 550 extra tests a week, or a 37%
increase in weekly tests, relative to pre-pandemic levels. This
SI supports the streamlining of testing to increase the number of
HGV tests taking place. Thanks to the great efforts of Driver and
Vehicle Licensing Agency staff, the backlog of 55,000 driving
licence applications for heavy goods vehicle drivers has been
eliminated. These are now being processed within the normal
turnaround time of five working days.
Keeping our roads safe is of paramount importance, and we will
monitor the situation and act if needed, if our roads become less
safe. This SI is just one of 32 Government interventions to
tackle this issue, to help reduce the strain on our national
supply chains, which is affecting every aspect of our daily
lives.
18:10:00
(Ilford South) (Lab)
It is an honour to serve under your chairmanship, Mr Dowd, for
the first time.
Our views on this legislation are already on record, so I will
not reiterate all the points made in previous debates. I note
that my hon. Friend the Member for Bristol South is here, and I
am sure she will have a few things to say about the regulations.
We on the Opposition Benches understand the Minister’s rationale
for this decision, as the regulations make a technical amendment,
but it would be remiss of me not to ask a few questions. We all
want the HGV shortage to be addressed. Let us be clear: that
shortage has been many months, if not years, in the making.
Successive Conservative Governments have had the opportunity to
address the problem, and have so far failed to get a permanent,
workable solution.
As a result of that mismanagement, MPs are today being asked to
make a decision that has significant risks. What do we know? Some
30% of drivers fail the B+E test, and since the introduction of
the test in 1997, road safety has improved. Ministers simply do
not know the risks associated with this decision, and whether a
younger cohort more prone to accidents will begin towing as a
result of it. These are serious questions that need to be
addressed.
It is not acceptable for MPs to be asked to take a decision
blindly, when the Department’s impact assessment of the
implications for road safety is either not completed or not being
shared with Parliament. The ability of this place to scrutinise
the Government has been compromised as a result. We did not hear
answers when the matter was debated in the Chamber a few weeks
ago. Given that implications of the decision are as yet unknown
to Parliament, I would like to press the Minister on the review
period. A review of the implications of the decision will take
place only every three years. That cannot be right. I ask the
Minister to consider a shorter period, and to update the House on
towing accident figures quarterly; that will give some
reassurance that those involved will be in a position to
undertake remedial action swiftly if a problem emerges.
In the absence of an impact assessment, can the Minister explain
the thinking that underpins the safety assessment? Baroness Vere
said in her letter to the Secondary Legislation Scrutiny
Committee that there is not currently any statistical evidence to
suggest that competence and skills will worsen if drivers do not
take a statutory test to tow a trailer. What statistical evidence
did Ministers assess to come to that conclusion? Are they
conducting an assessment of whether there will be a change in the
trend in the age distribution of drivers towing trailers if all
current and future car licence holders become automatically
eligible to tow, and will that be published?
Although we will not oppose the regulations, we would welcome,
either here or in writing, answers to the very serious questions
that we have for Ministers, and we would like to put on record
our serious concern about the way in which the regulations have
been managed.
18:13:00
(Bristol South) (Lab)
I rise to speak on behalf of my constituents, but also as chair
of the all-party towing and trailer safety group. I put on record
my strong opposition to the regulations on the Floor of the House
on 8 November. Since then, the Government have created such
chaos, through the announcement in September of this measure,
which has still not been brought into law, that I have frankly
become less assured, and more concerned, as the weeks have gone
on. We are now unleashing thousands of untrained, unsafe and
unqualified drivers of trailers on to our roads. It really does
beggar belief that we are still doing this.
My hon. Friend the Member for Ilford South mentioned the answers
gave to questions
tabled by the noble and Lord Bassam. I do
not know if you have seen answers like this, Mr Dowd, in your
time in the House, but the answers we have had to questions
asking the Government
“what data they hold on the safety impact of the B+E car and
trailer test; and what criteria they will use to review the
impact on safety of the Motor Vehicles (Driving Licences)
(Amendment) (No. 5) Regulations 2021 after three years”
beggar belief. The answer states:
“There is not currently any statistical evidence to categorically
say that competence and skills will worsen if drivers do not take
a statutory test to tow a trailer.”
In that case, frankly, I do not know why we are taking a driving
test at all. Baroness Vere goes on to say:
“Road safety has significantly improved over recent decades for
several reasons”—
we do not dispute that—
“and it is therefore difficult to identify how much the car
trailer test…has made a difference since it was introduced in
1997…The number of trailer accidents is low, with the proportion
of accidents of cars/vans towing a trailer compared to all
car/van accidents, as roughly 0.45% in 2019.”
Over the past four years, the all-party parliamentary group on
trailer and towing safety has worked steadfastly with the
Department for Transport to gather data and information. The
problem with further improving safety is that there has not been
any more data and information.
Baroness Vere goes on to say:
“In respect of the demographics of the drivers towing trailers,
our statistics show that individuals generally only start getting
their car and trailer licence (Category B+E licences) from their
late 30s and 40s onwards”.
If this is such a crisis, what is stopping drivers in their 20s
from driving these trailers without a test? I have the support of
the Association of British Insurers and of the Road Haulage
Association, because they know that it is not safe—with all due
respect to 22-year-olds—to put a 22-year-old on the roads,
untested and unqualified, driving those trailers. I have spoken
to very many people in their 20s, 30s, 40s and 50s, including
people like me who, as the Minister has said, do not need the
test. None of us thinks that we are competent to drive those
trailers without training and testing. As my hon. Friend the
Member for Ilford South said, we already know that 30% of people
who have been trained and tested fail.
As I said in November, this move is reckless and dangerous. We
know that 50% of trailers on the roads are already not compliant,
as shown by the APPG’s work over the past few years, and that 30%
of people fail the test. We know that the Government do not know
the impact of their decisions, and that the so-called review
after three years is a hollow commitment based on no data. I hope
that the Minister will respond to my hon. Friend by explaining
what on earth the criteria will be that are used to assess these
regulations when they are reviewed in three years’ time. I will
be here in three years’ time, and will hold the Government to
their commitments. I promised my constituents Scott and Donna
Hussey that I would do all I can to honour the memory of their
son through “Tow Safe 4 Freddie”. I am grateful for the fact that
the Government will continue their commitment to that campaign,
but I am really quite appalled that we are back here again today,
and I sincerely hope that, as a result of these regulations, we
do not see the sort of reckless and unsafe driving on the roads
that I fear we will.
18:17:00
I will try to give Members some reassurance. As I have said,
these regulations will free up 36,000 tests per year—550 extra
tests per week—for heavy goods vehicle drivers who are bringing
medicines, medical supplies and food to every part of our
country. We had 9,541 responses to this consultation, which were
mostly positive, and we will publish the full response in the
impact assessment early next year. We will continually review
this issue and take action when needed.
It is also worth pointing out that the Driver and Vehicle
Standards Agency works throughout the year to ensure as far as
possible that trailers, including caravans and trailers up to
3,500 kg—which I can tow, because I am 45 years old and passed my
test before 1 January 1997—are roadworthy. To provide some
indication of the work the Driver and Vehicle Standards Agency is
doing, 3,219 tests were carried out on those trailers between
September 2019 and September 2021, and only 50% passed. Some 732
tests were carried out on caravans, and only 12% passed, so I am
setting out the need for further accreditation. Importantly, that
can be accreditation that is suitable for the particular trailer
that the motorist will be towing. It will also cover the
maintenance of that trailer, which the test did not previously
do.
I commend the hon. Member for Bristol South on the work she has
done, as well as the work of the APPG and, of course, the “Tow
Safe 4 Freddie” campaign. Perhaps early in 2022, particularly at
the time of year when people are thinking about taking their
caravans out or doing a tip run with their trailer for the first
time in months, we will be able to work together to raise
awareness of the benefits of training for towing and—just as
importantly—maintaining trailers. That is what these regulations
will achieve: the kind of accreditation that is suitable for the
types of trailers and vehicles that are being used on the UK’s
roads.
I have set out the reasons why we are doing this, so I will close
by saying that if there are further aspects of the detail of the
review that I have not been able to cover during today’s debate,
I am very happy to respond in writing to the shadow spokesperson,
the hon. Member for Ilford South. I commend the regulations,
which were laid before the House on 23 November, to the
Committee.
Question put and agreed to.
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