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Road Vehicles (Powers to Stop) Regulations 2011

My Lords, the two noble Lords who have spoken have raised some exceedingly pertinent questions. I knew that we would benefit from the experience of the noble Lord, Lord Bradshaw. He has carried out what has often looked like a one-noble-Lord campaign on certain aspects of the entry of foreign lorries into this country and the difficulties that have arisen from their compliance with the law. I was interested to hear about his experience in Northern Ireland. Such is one’s preoccupation with the legislation that obtains generally across the United Kingdom that it comes as a bit of a shock when one realises that part of it relating to traffic is not UK-wide legislation at all but, because of the police dimension, applies only to England and Wales. I therefore very much support this instrument, which extends the issues to Scotland and Northern Ireland. My noble friend Lord Simon has addressed a number of the questions that I would otherwise have articulated at some, no doubt boring, length. It is incumbent on the Minister not to write to my noble friend but to answer, so far as he is equipped to do so today, the very important point about who exercises the powers to stop and for what offences. I very much approve of the extension of the offences in the regulations, but they are all traffic offences. My noble friend Lord Simon probably picked up the reference made by the noble Lord, Lord Bradshaw, to what might have obtained in Northern Ireland and he asked about other illegalities that the driver or others responsible for the lorry might be guilty of and be likely to be charged for. I presume that powers are not to be given in relation to those offences. If they are, that should have been stated in the regulations. However, I take it that the instrument is about traffic regulations and the regulation of trucks and lorries—that is, big vehicles. We know that the road haulage industry is pleased to see a tightening up of these issues, because it does not want to be besmirched by road hauliers who give the others a bad name when accidents occur in circumstances where it is clear that the law has been infringed. However, what greatly exercises the British road haulage industry and all of us who take an interest in road transport in the United Kingdom is the enormous increase under the single market in the number of foreign trucks coming to the United Kingdom. It has been predictable but nevertheless it has carried on apace in the past decade with the significant economic growth across Europe. The minor grievance that we have is that these trucks have large tanks that are loaded with less expensive fuel on the other side of the Channel and are then able to travel huge distances on British roads without contributing to taxation because the fuel has been bought elsewhere. Of more concern to us all is that some of these trucks do not meet European standards on maintenance and equipment. Any accident involving a heavy lorry will cause concern in a locality, but it is bound to exercise people a great deal more when it involves a truck that comes from a considerable distance beyond these shores. Of course, we very much support these regulations. In fact, they are overdue. However, I hope that the Minister will give reassurance about the identification of those carrying out the stopping exercise. Authority cannot be in question when there is a truck that is 44 tonnes against an individual who is standing by the side of the road. The authority either works or the individual officers are in danger. There must be clear identification and I want to know what is guaranteed on that. I particularly want the Minister to address whether the list of traffic offences in the regulations is what the stop will be organised for. It would be a different matter if we went on to other issues. Will the Minister say how that will impact on the role that the stopping officers play? We understand the necessity of economising on police time, which is why the initial changes in the Police Reform Act were made, but that has to be consistent with a proper authorised road for the VOSA people so that they are protected in their job and can discharge it fully. The Minister has a number of questions that he needs to address.