HGV Road User Levy Bill

Lord Snape Excerpts

Thursday 7th February 2013 Lords Chamber

[Lord Snape]

My Lords, it is a pleasure to follow my noble friend Lord Berkeley on this topic. I well recall nearly 40 years ago when I was first elected to the other place and was told that the most effective political lobby in the United Kingdom was the farmers. I came to realise that in that conclusion they may well have been right. After all, I seem to remember that the farming lobby managed to blame the spread of foot and mouth some time ago basically on Ministers in the Labour Government rather than on their own practices.

Certainly, one lobby that runs the farming lobby very close in its effectiveness is the road haulage lobby. Most of us in your Lordships’ House are old enough to remember the immediate post-war period when heavy goods vehicles—I think this referred to those above seven tonnes, but it was a long time ago so I would not like to put my shirt on it—had to carry a 20 miles an hour plate and were restricted to that maximum speed. Given the number of heavy goods vehicles that appeared on our roads after World War 2—many of the drivers were demobbed from our Armed Forces—that issue was the first campaign that I remember the road hauliers lobby indulging in. It was very successful and it has indulged in many campaigns since, many of which have been successful.

Since the end of World War 2, we have seen heavy lorry weights increase dramatically. I think that the maximum now is 44 tonnes, although the Minister will correct me if I am wrong. It used to be about 12 tonnes, so the industry has done well there. The length of heavy goods vehicles also has increased fairly dramatically over that period. Each and every increase in weight and length has been accompanied by a cry from the road haulage industry that there would be fewer vehicles on the road because they are bigger, longer and heavier, and that once the motorways had been built they would not be much of a nuisance anyway.

This is not strictly speaking a matter for this debate, but I would be interested to know—perhaps the Minister will tell me, or write to me if he does not have the figures now—how many heavy goods vehicles above the 12 tonnes figure mentioned in the Bill are on our roads now compared to, say, a decade or two decades ago. Although it is not a matter for this Bill, it would be interesting to see not only how successful the road haulage lobby has been but how accurate it was in its predictions.

Another of the lobby’s major complaints was about the number of foreign lorries on our roads. Reverting back to my experience in the other place, I chaired for 15 years the West Midlands group of Labour MPs. It was one of my duties—whether it would be considered onerous or not I leave to noble Lords to work out for themselves—to attend meetings of the Sandwell chamber of commerce, which covered my former parliamentary constituency. The chamber of commerce may not have been dominated by the issue, but certainly a strong presence from the road haulage industry raised the same issue more and more often. It questioned the number of foreign heavy goods vehicles on British roads, and how they were filling up on cheap European derv and able to snatch the bread from the mouths of British hauliers by demanding not only the freedom to travel on our roads, which of course they had, but to take loads back to the continent, which rightly should have been the job of British hauliers.

I was a bit cynical and not inclined to believe that entirely, because every time I asked how many of these wicked foreign hauliers were behaving in this manner I did not get an answer. I found it difficult to believe, and I believe that I expressed the rather unpopular view at the chamber of commerce that I could not honestly believe that Mr Norbert Dentressangle, in his brightly covered lorries, was as guilty of undermining the British road haulage industry as the allegation made at the time suggested.

The Minister talks about 1.5 million trips, which I assume refers to round trips. Are we talking about 750,000 heavy goods vehicles that will be covered, at least in theory, by this measure? I should like to know just how many of these wicked foreign hauliers there are. They cannot use the excuse that they are driving around on cheap, continental derv anymore, because I understand it is just as expensive on the continent as it is in the United Kingdom these days.

The Minister went on to say that the maximum price we could charge foreign hauliers on a daily basis was €11. That will make a big dent in the deficit, whether or not the Prime Minister was accurate in his summing up of it. I cannot off the top of my head multiply 750,000 times €11, but while it is not an inconsiderable sum it will not make much of a dent in the road budget, let alone the deficit as a whole. Therefore, is this piece of legislation actually necessary, given the amount of money it is likely to raise?

The Minister did not use the phrase “a level playing field”, but he implied that this would balance the differences between British hauliers and their continental counterparts. However, €11 a day does not strike me as a particularly large penalty if one considers that for a heavy goods vehicle to travel 100 miles on a German autobahn, it would pay tolls of between €35 and €46. We throw open the whole road network of the United Kingdom for €11, but if you drive a heavy goods vehicle through Germany it costs €35 to €46.

As I indicated, the Minister said that this mighty measure before your Lordships today would raise the sum of £19 million to £23 million. He might recollect that a few days ago we had a debate about toll roads, and I pointed out that there was a toll road in the West Midlands that was not used much by heavy goods vehicles. I have noticed that Eddie Stobart vehicles do use it, but by and large those are the only heavy lorries that I have ever seen on the toll road. The heavy goods vehicle industry generally uses the M6 motorway, which passes through my former constituency on an elevated section. During my 27 years as the Member of Parliament for West Bromwich East, I calculated that the taxpayer had spent something like £800 million repairing just that one section of the M6 because of the damage done to it largely by heavy goods vehicles. On the department’s own figures, the heaviest heavy goods vehicles do as much damage to Britain’s road network as 30,000 private cars. This great sum of £19 million to £23 million, therefore, might repair one archway of the Ray Hall viaduct in the West Midlands, but it will not make much of a dent in the overall road budget.

I therefore have to say to the Minister, as the wartime sign said, “Is your journey really necessary?” as far as this piece of legislation is concerned. We heard from him that continental hauliers can pay on a day-to-day basis—not something that is open to British hauliers, who pay through VED on an annual basis—so why give them this particular benefit, which will be not shared by their British counterparts? I do not know whether, again, this is a matter for Europe, but why not insist that lorries used in the United Kingdom pay on an annual basis? Then they could come and go as they wished. Why allow them to pay on a one-day, two-day or weekly basis: a privilege denied to their British counterparts? Perhaps the Minister could explain.

Of course the penalties for non co-operation, under this legislation, can only be described as pathetic as well. Is a maximum fine of £200 really going to deter a heavy goods vehicle driver with, perhaps, £30,000 worth of valuable cargo? It is surely not serious that we impose a penalty that is so palpably inadequate. The Minister and the Government ought to look again. Even that penalty is based, as I understand it, on a vehicle limit and the number of axles. Who in this country of ours would be able to tell the vehicle limit or count the number of axles?

That leads me to the point raised by my noble friend Lord Berkeley about enforcement. Is the Minister seriously going to tell your Lordships’ House that there will be proper and adequate enforcement of this legislation? If he is, I do not believe him. Let me refer him to one of this morning’s newspapers. I am sure that the Daily Mail is the Minister’s favourite newspaper. From its optimistic front page to its unbiased sketch writing, I always think of it as a newspaper of value and repute. Today there is a story in the Daily Mail which I cut out as, reading it on the train, I thought: “The Minister will be interested in this one”. It is headed: “Toll of illegal foreign cars on UK roads”. I appreciate that it is not about foreign lorries, but I will come to those in a moment. The story says that:

“Only four out of an estimated 15,000 foreign cars driving illegally on British roads were caught last year. And not one of their drivers was prosecuted”,

the Department for Transport said yesterday. Given that record, it does not inspire me with confidence that our jails will be full of non fine-paying continental lorry drivers. What can the Minister tell us about the likelihood of enforcement under this legislation?

About 15 years ago, the then traffic commissioner for the West Midlands, Mr John Mervyn Pugh, invited me to join him on what he described hopefully as a purge of overloaded vehicles on the M6 motorway, particularly foreign ones. My noble friend asked about an enforcement officer. I presume that that enforcement officer must be from the police, because we were accompanied by three or four police cars. Between Birmingham and Stafford, the police directed heavy goods vehicles off the motorway so that they could be checked.

[Lord Berkeley]

Clause 10 refers not to an enforcement officer but to a “stopping officer”. Perhaps my noble friend would like to comment on that.

[Lord Snape]

Whether stopping or enforcing, my only response is that I guess he would have to be in police uniform. Perhaps I might take your Lordships back 15 years to the enforcement on the M6. I still have the paperwork, which I kept. Out of 14 vehicles that were stopped, only three of which were foreign, six were overloaded. In two of them, the driver had exceeded the permitted number of hours. A couple were borderline, while one was taken off the road immediately because of its lack of roadworthiness. Only 14 vehicles were stopped because, within about 40 minutes, there were no heavy goods vehicles heading north on the M6. This is before the days of mobile phones; it was presumably in the days of CB radio, or whatever it was called.

The problems in enforcing legislation such as this are enormous. The fact is that we do not enforce the existing heavy goods vehicles regulations at the moment. How can we, when the traffic commissioner’s total staff 15 years ago was four to cover the whole of the West Midlands and Wales? Given the Government’s clampdown on the Civil Service, I do not suppose that there are 44 of them these days. I suspect that if those four positions are still in situ, that is about it. Are these the people who are going to enforce this particular legislation? I honestly very much doubt that.

The Minister says that there will be a reduction in vehicle excise duty for UK-based hauliers. I have to ask why. I have a copy here of the report of the Armitage inquiry, Lorries, People and the Environment, from December 1980. Your Lordships will be relieved to know that I have no intention of reading that fairly bulky document, but as I would summarise it it pointed out that the number of heavy goods vehicles on Britain’s roads in those days was possibly more than the road network could cope with. If we have moved on from 1980 to 2013, I repeat the question: how many heavy goods vehicles are there on our roads these days, compared with then?

I hope the Minister does not think that I have been too rude about this legislation but it is palpably inadequate and will not be enforced. I do not think that unenforceable legislation—given the present lack of enforcement, that is the only way this can be described—is at all sensible. It is not actually necessary because, despite the propaganda from the British road haulage industry, I do not see this as the great problem that it outlines. If it is, let the continentals pay exactly the same price as British hauliers pay to drive across Europe. If a Bill is necessary, I am afraid that this is not it.

--- Later in debate ---

[Lord Davies of Oldham]

My Lords, Her Majesty’s Opposition welcome the Bill, and regard a great deal of it as eminently workable. It will improve the situation and remedy a grievance that we have recognised for many years, as far as our road haulage industry is concerned. That does not mean that we do not have some criticisms of the Bill. I had a few carefully listed, but half of them have been made by my noble friend Lord Berkeley in his excellent speech, and the other half by the noble Lord, Lord Snape, in his similarly excellent contribution.

There was just one point that the noble Lords did not talk about, which was to do with a strategy for roads that might involve road charging. There is a provision in the Bill which clearly anticipates that the devolved Administrations must have some opportunity if they wish to do this, and the noble Lord, Lord Wigley, of course has presented the Minister with that question.

My speech is therefore greatly reduced, because on the whole I am very much in favour of the Bill and somewhat less pessimistic than my noble friend Lord Snape about the issue of enforcement. I am sure that the Minister is going to establish that technology has moved on with concepts like automatic number plate recognition, which allows vehicles to be identified with great readiness and pulled over and stopped effectively by VOSA, which of course is responsible for implementing this part of the administration.

[Lord Snape]

I apologise for interrupting my noble friend. There is a question that I should have put to the Minister, but perhaps he could do so equally well. Supposing a lorry driver is stopped for not having a proper piece of paper saying that he has paid £200. What happens then? Is he to be detained at the port of exit? Are we going to reinvoke the European arrest warrant if he heads home? Perhaps my noble friend could question the Minister about that.

[Lord Davies of Oldham]

My Lords, the driver is responsible for the vehicle and its legitimacy, so he will be stopped all right, and the vehicle will not be released until the necessary charge has been paid. I doubt if the driver will have £5,000—which is the maximum fine—in his back pocket, so the charge will go to his office in the country from which he has come, and that office will have to pay. I agree entirely that it is hard luck on the driver, if that is the sentiment my noble friend is putting forward—but the people who own the lorry have to comply with the law, and I understand that it will be enforced. We would all expect it to be enforced and modern technology will ensure that it is.

I have had sympathy with the road haulage industry and with British motorists for a very long period—from the first time I went to France and found that French autoroutes could charge heavily while we provided free roads for any French motorists who deigned to come to Britain. That always seemed a little unfair. The situation for road haulage is much more serious. After all, the industry shifts 68% of our goods and employs 220,000 workers. Many of them are skilled, because driving in modern conditions on all roads, both European and British, requires skill and concentration. We should recognise the importance of the industry. The issue became more acute when, as the House will recall, additional fuel tanks were placed on heavy vehicles so that not only did they not pay for the roads but they did not buy any fuel in Britain, because continental fuel was cheaper. The sense of obvious unfairness—the feeling that something needs to be done—has been with us for some time.

We will take advantage of the Eurovignette to make progress on this. When some critics of the European Community say that nothing good comes out of Europe, I commend the concept of the vignette—what a wonderful, attractive word to describe a piece of necessary legislation, particularly as it is derived from its original meaning of a small illustration with no defined borders. That looks entirely appropriate for the European directive on which this legislation is based. It will bring considerable benefits, but I expect the Minister to respond to the points made by my noble friends and the noble Lord, Lord Wigley. I am certain that he will make every effort to emphasise the necessary compliance procedures for these requirements, because the idea that people would flout these charges and get away with it after we have put the legislation in place would appal us all.

One issue that the Road Haulage Association always complains about, which did not come up, is cabotage—the deployment of these lorries to be used for transfers of goods within the country, at the comparative advantage indicated by lower fuel costs. This Bill does nothing significant about that. Perhaps the Minister will comment on it.

I am also most interested in the revenues that will be derived from the successful implementation of this measure. Both my noble friends emphasised the fact that these lorries cost a great deal in terms of the maintenance of our roads. I am sure that all noble Lords have travelled on our motorways and have noticed that on many roads the middle and outside lanes have reasonably good surfaces while there are almost two trenches on the inside lane where the heavy goods vehicles progress. Of course, the majority of those are British trucks, but it shows the cost to the roads system that heavy goods vehicles incur—in particular because Europe has been very much to the fore in increasing the size and weight of lorries over the years. My noble friend Lord Snape indicated that the 44-tonner was, after all, brought in on the basis of European initiatives.

What is going to happen to this revenue? The noble Lord, Lord Berkeley, had his worries about where it was going and asked why this was a money Bill. It is a money Bill because the enforcement of the charges is a form of taxation. This money is not hypothecated to anything to do with road usage or necessity, but goes happily into the Consolidated Fund. We all know what the Consolidated Fund means in terms of priorities. What it certainly means is that we can guarantee that none of this revenue relates to road expenditure. My noble friends emphasised the costs to the road system.

There is another dimension that I want to bring up: road safety. The Road Safety Foundation has made it quite emphatically clear that the actual design of roads, which costs money to do well, is an important contribution to road safety. One particular group of road users who have been vulnerable to lorries in recent years are cyclists. The difference between the road structure in Amsterdam and the road structure in London is so evidently a crucial reason why Amsterdam cyclists feel safe and London cyclists often ride in terror—with just cause. We have had a number of serious accidents and fatalities where cyclists have been hit by lorry drivers who had no idea the cyclist was present.

Safety issues can be improved now because there is the possibility of fitting out lorries with sensors and mirrors that eliminate blind spots, but they cost money. We would need some enforcement. At present, the price of doing nothing is a risk to cyclists in all our cities and the price is becoming greater each year.

I cannot hope to direct the proceeds of this Bill towards safety because, as I say, there is no chance of hypothecation. However, I hope that the Minister will recognise that that which assists the development of road haulage and, in one respect, brings some sense of fairness between the British road haulage system and continental trucks coming into Britain should also be attended by some concern about road safety.

The Minister has quite a lot on his plate to answer, in the challenges that have been presented in the speeches from the Back Benches. I merely endorse the questions that have been asked, because they are exceedingly pertinent. I hope that the Minister’s answer is sufficiently strong for the Opposition to remain confident that this measure is an advantageous one for the country.

--- Later in debate ---

[Earl Attlee]

My Lords, if VOSA detects that a vehicle has not paid the levy, I suspect the vehicle will not be going very far—perhaps to the next service station—until it has paid it, which can be done electronically.

[Lord Snape]

The minimum penalty is £200. Is the driver supposed to pay that on the spot? If he does not have any British cash or that amount of money, under what powers will the vehicle be detained and where?

[Earl Attlee]

My Lords, that will be done under the powers that were wisely introduced by the previous Administration, who also set the level. I agree that it is at quite a low level and made that very point from the Opposition Benches—I cannot remember whether it was the Front Benches or the Back Benches—at the time we introduced the necessary powers. The key thing is that we will be able to stop the vehicle. That is extremely inconvenient to the operator, and I will have more to say on that point.

The noble Lord, Lord Berkeley, asked me what a stopping officer is. Stopping officers already exist. They are appointed under the powers in the Road Traffic Act 1988, as amended, and are able to stop vehicles in relation to enforcement of vehicle roadworthiness and driver’s hours. Stopping officers are VOSA enforcement officers.

--- Later in debate ---

[Earl Attlee]

My Lords, the situation is, as I said in my opening remarks, that our operators often have to pay motorway tolls that no one pays in the UK, and because of the Eurovignette directive, whatever a foreign country did in terms of a vignette they would be limited to the prevailing limits of what you can charge. It could not, therefore, cost our operators more than €11 a day. At the moment our operators pay tolls to use the European road infrastructure.

The chosen time-based scheme, coupled with reductions to VED, is a simple, effective and targeted way of ensuring that UK hauliers pay no more than they do now. VED cuts are a time-based method of offsetting the charge, which means that they fit well with a time-based system. In addition, we need to remember that, in terms of administration, this scheme will have a negligible burden on UK operators.

I always enjoy listening to the noble Lord, Lord Snape. He asked many questions, and I will answer as many as I can. I have probably answered quite a few already, and of course, I will write to him on some of them. He asked me what type of penalties there will be. As I believe I have said, drivers will be charged £200 at the roadside. Fines can be enforced electronically, and they can be invited to pay by credit or debit cards. The noble Lord, Lord Davies, made the point that with modern systems of doing business it is easy to collect the charges.

The noble Lord, Lord Snape, also asked if, under the directive we have to offer periods that are appropriate for the trip being made. If we offer only six-month or annual levies to foreign drivers we will contravene the European directive. He asked about the number of foreign vehicles and I can tell him that 3.6% of miles driven by HGVs in the UK are by foreign vehicles. For HGVs of 12 tonnes and over, the percentage is higher. The noble Lord, Lord Wigley, asked about revenue in VED. All levies or fines go into the Consolidated Fund, as we discussed. There are no plans for hypothecation, as the noble Lord suggests, but we will ensure that VOSA, as the primary enforcement agency, will have sufficient resources to enforce the scheme.

I am grateful for the helpful interventions from the noble Lord, Lord Davies, and for his support for the Bill. He asked me about cabotage. The Bill does not change the rules on cabotage but it does do a little to level the economic playing field. It is a difficult problem to deal with. I am delighted that the Bill has been so positively received. It has been long called for by industry and others from across the political spectrum, and I am delighted to be taking it through the House.

[Lord Snape]

Before the Minister delights or otherwise in taking it through the House, can he just answer the specific question that I put to him? How many vehicles are we talking about? I know that there are 1.5 million journeys and 3% or 4%, or whatever, of total vehicle miles, but how many heavy goods vehicles will be covered by this legislation?

[Earl Attlee]

My Lords, I cannot immediately answer that at the Dispatch Box. What really matters is how many vehicles are coming in; how many journeys are made. In my opening remarks, I said that there were 1.5 million journeys.