HL Deb 16 July 1998 vol 592 cc454-6

8.3 p.m.

Baroness Farrington of Ribbleton rose to move, That the draft regulations laid before the House on 22nd June be approved [39th Report from the Joint Committee].

The noble Baroness said: My Lords, I beg to move the third Motion standing in the name of my noble friend Lady Hayman. I welcome this opportunity to explain in more detail the proposed amendment to the regulations.

There are two elements. The first amends Part VI of the Transport Act 1968 so that the European Union regulation which requires the fitment and use of tachographs can continue to be implemented correctly within Great Britain. The second element extends an existing exemption from the same regulations for health authority vehicles to include vehicles used by National Health Service trusts.

The first change arises from a recent High Court judgment which has thrown doubt upon whether Part VI of the Transport Act 1968 accurately reflects the intention of the relevant European Union regulations on drivers' hours and tachographs.

The regulations apply to vehicles used for the carriage of goods, but the recent case was dismissed on the grounds that the vehicle was not a "goods vehicle". That stemmed from the wording in Part VI of the Transport Act 1968 which refers to "goods vehicles" rather than, vehicles used for the carriage of goods". As I have said, that is what the regulations state.

This first so-called "change" merely reinstates what until recently was the generally accepted meaning of the European Union regulations as they have been enforced up to now by the Police and Vehicle Inspectorate. It does not introduce any new requirement.

Secondly, the rules on tachographs apply only to vehicles being used for commercial purposes. So a tachograph will not have to be fitted to an off-road vehicle which is being used, for example, to tow a horse-box, caravan or trailer for private or recreational purposes.

Thirdly, not all commercial activities are caught by the regulations. There are a number of exemptions, depending on the nature of the operation being undertaken and, in some cases, the distance travelled.

I now turn to the second change. There is an exemption from the European Union regulations for vehicles used by public authorities to provide public services which are not in competition with professional road hauliers. This exemption is applied in Great Britain by a 1986 regulation which exempts vehicles being used by health authorities as ambulances to carry staff, patients, medical supplies or equipment. This wording does not extend to vehicles used by National Health Service trusts set up under the National Health Service and Community Care Act 1990. As National Health Service trusts are already established as public authorities in law, it is only right that this exemption should be extended to include them. I commend the regulations to the House.

Moved, That the draft regulations laid before the House on 22nd June be approved [39th Report from the Joint Committee].—(Baroness Farrington of Ribbleton.)

Lord Ewing of Kirkford

My Lords, perhaps I may raise what I regard as an important point in relation to National Health Service trusts. In what position does this place the passengers who are carried by patient transport services which are organised by National Health Service trusts?

Baroness Farrington of Ribbleton

My Lords, in order to be certain that in an area of what may be detailed law I give my noble friend absolutely accurate information, I should prefer to take advice and write to him. I shall place a copy of the reply in the Library.

Ambulances are exempt from the provisions of the order regulations because they are exempt from EU drivers' hours rules, but they are still subject to the UK domestic drivers' hours rules. I shall write to my noble friend.

Viscount Simon

My Lords, notwithstanding what the Minister has just said, drivers' hours are there to protect the public from people who drive for excessive hours and are therefore dangerous when they are behind the wheel of a motor vehicle. It may be an ambulance, heavy goods vehicle or whatever. Consequently, I do not understand why ambulances should be exempt. An ambulance driver can be equally as tired as anyone else behind a wheel. As such people are supposed to be in the business of providing transport to and from hospitals for people who are or have been ill, it does not make sense to me. Can the Minister explain?

Baroness Farrington of Ribbleton

My Lords, the best explanation I can give my noble friend Lord Simon is that, while they are exempt from the EU drivers' hours rules, they are still subject to the UK domestic drivers' hours rules. If I have any further information to offer him, I will write to my noble friend.

On Question, Motion agreed to.