HL Deb 18 May 1989 vol 507 cc1346-7

7.3 p.m.

The Parliamentary Under-Secretary of State, Department of Transport (Lord Brabazon of Tara)

rose to move, That the draft order laid before the House on 21st April be approved—[16th Report from the Joint Committee].

The noble Lord said: My Lords, international conventions provide for the free movement of traffic between countries which are party to the conventions. In this country the Motor Vehicles (International Circulation) Order (made under provisions in the International Circulation Act 1952) prescribes the detail of the various documents, fees, minimum ages and enforcement arrangements, etc. which apply to our residents who wish to drive abroad and visitors from abroad who wish to drive here.

The principal order giving effect to those arrangements is the Motor Vehicles (International Circulation) Order 1975. The order which is now before the House is necessary to deal with a point raised by the European Commission in respect of visitors driving heavy goods and public service vehicles. In addition, provision is made for an increase in the fees paid for international driving permits and certificates.

In Article 4, visitors to Great Britain who hold valid foreign driving licences or convention driving permits may drive vehicles covered by their licence or permit for a period of 12 months from the date they last entered the country. This arrangement was limited in the case of heavy goods or public service vehicles temporarily imported.

Following a case which arose in Northern Ireland last year, it was drawn to our attention by the European Commission that such a restriction, when applied to residents of member states of the European Community, is in breach of Article 48 of the Treaty of Rome (free movement of workers). Article 4 amends Article 2 of the 1975 order to close this breach by allowing residents of member states who hold an appropriate licence or permit to drive heavy goods and public service vehicles regardless of whether or not they are temporarily imported.

To allow for increased costs since 1985, under Article 5 fees for the issue of international driving permits and certificates for motor vehicles are increased from £2.50 to £3. These permits and certificates are issued by the AA, RAC, RACS and the National Breakdown Recovery Club.

I hope that briefly explains the main changes made by this order. The rest of the order is largely repetitive. I beg to move.

Moved, That the draft order laid before the House on 21st April be approved. [16th Report from the Joint Committee]—(Lord Brabazon of Tara.)

Lord Underhill

My Lords, we are certainly grateful to the Minister for explaining the order. I read the explanatory note on the principal effects of the order, then I looked at the size of the order and I wondered whether it was as simple as the explanatory note suggested. However, the Minister has made the position clear.

I take it that if a person comes in from, say, France he can drive a PSV or HGV if he holds the appropriate licence in that country; but if anyone came from Sweden, similarly qualified he could only do so if bringing in a vehicle temporarily.

My only other question relates to paragraph 3 of Article 4 which deals with the BFG licences. Again, to make the position absolutely clear, I presume this refers to a person who has a public service vehicle driving licence. However, paragraph 3(b) refers to, any other such person, a public service vehicle brought temporarily into Great Britain". This refers to a member of the forces who has a public service vehicle driving licence. Therefore, does this refer to dependants who may be resident in the UK or Great Britain? To whom does that paragraph (b) apply?

Lord Tordoff

My Lords, we also express our gratitude to the Minister for so clearly explaining this apparently complicated piece of paper. I should just like to ensure that the order makes clear that anyone who is disqualified in another country will not be allowed to operate in this country and presumably vice versa. With that safeguard we shall not resist the order.

Lord Brabazon of Tara

My Lords, I am grateful for the reception given to this apparently complicated but straightforward order. To answer the points raised by the noble Lord, Lord Underhill, yes, a Frenchman coming to this country would be allowed to drive, say, an HGV which he brought into this country, as he is able to do now, and he will also be allowed to drive a vehicle which is already here, so to speak. That would not apply to a non-EC national who would only be allowed to do what he is at present doing—that is, to drive a temporarily imported vehicle.

BFG licences are issued to dependants of servicemen in Germany. Therefore, the point raised by the noble Lord, Lord Underhill, would apply to dependants who are non-EC nationals. They would be treated as they are now.

The noble Lord, Lord Tordoff, referred to disqualification. Of course, drivers have to be in possession of a valid licence. If that licence is taken away by authorisation in a foreign country, the holder would not be permitted to drive in this country.

On Question, Motion agreed to.

Viscount Davidson

My Lords, I beg to move that the House do now adjourn during pleasure until 8.5 p.m.

Moved accordingly, and, on Question, Motion agreed to.

[The Sitting was suspended from 7.10 to 8.5 p.m.]

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