1

House of Commons

Tuesday 22 May 2018

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Amendments tabled since the last publication: 14, NC1 (b), (c), (d), (e) and NC1 (a) (aa)

Haulage Permits and Trailer Registration

Bill [Lords]

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in

accordance with the Resolution of the Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Monday 21 May (Standing Order 83C):

That—

(1)  

the Committee shall (in addition to its first meeting at 9.25am on Tuesday 22

May) meet—

(a)  

at 2.00 pm on Tuesday 22 May; 

(b)  

at 11.30 am and 2.00pm on Thursday 24 May;

(c)  

at 9.25 am and 2.00 pm on Tuesday 5 June;

(2)  

the proceedings shall be taken in the following order: Clauses 1 to 22; the

Schedule; Clauses 23 to 26; new Clauses; new Schedules; remaining

proceedings on the Bill;

(3)  

the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Tuesday 5 June.

Jesse Norman has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee [Standing Order No. 83C].

Public Bill Committee: 22 May 2018                     

2

Haulage Permits and Trailer Registration -[Lords], continued

Jesse Norman

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Alan Brown

12

Clause  1,  page  2,  line  2,  at end insert—

“(3A)    

The Secretary of State must lay before Parliament a report outlining the nature of

the regulations proposed to be made under this section and an assessment of the

impact of those regulations on the road haulage industry.

(3B)    

The Secretary of State shall make no regulation under this section during a period

of no less than six months from the date of his laying before Parliament the report

required in subsection (3A).”

Member’s explanatory statement

This amendment would require the Secretary of State to lay a report outlining the nature of the

proposed regulations and assess its impact on the road haulage industry, at least six months before

the regulations are made.

Rachael Maskell

8

Clause  2,  page  2,  line  38,  after “criteria”, insert “, including compliance with

emissions standards,”

Member’s explanatory statement

This amendment would explicitly include compliance with emissions standards as a criterion the

Secretary of State may use in determining whether to grant an application for a permit.

Rachael Maskell

7

Clause  2,  page  2,  line  38,  leave out from “or” to the end of line 40

Member’s explanatory statement

This amendment would remove reference to first come first serve or an element of random

selection as methods for granting an application for a permit.

Jesse Norman

1

Clause  2,  page  2,  line  40,  at end insert—

“(d)    

for a number of permits determined by the Secretary of State to be

available for grant in cases in which the Secretary of State considers it

inappropriate for provision made under paragraph (c) to be applied, for

example because of an emergency or other special need.”

Member’s explanatory statement

This amendment would allow regulations to provide for the Secretary of State to reserve a certain

number of permits for grant in cases in which it is inappropriate to apply the normal permit

allocation procedure set out in regulations, for example because of an emergency or special need.

Public Bill Committee: 22 May 2018                     

3

Haulage Permits and Trailer Registration -[Lords], continued

Jesse Norman

2

Clause  2,  page  3,  line  2,  leave out from “permit,” to end of line 3 and insert

“including provision specifying—

“(i)    

when an application is to be made, or that the time when an

application is to be made is to be determined by the Secretary of

State;”

Member’s explanatory statement

This amendment would ensure that regulations can provide for the time when a permit application

is to be made to be determined by the Secretary of State.

Rachael Maskell

9

Clause  3,  page  3,  line  18,  at end insert—

“(4)    

The Secretary of State must prepare a report on the number and period of

temporary exemptions made under this section.

(5)    

The report must be laid before Parliament within the period of one year beginning

with the day on which this section comes into force and annually thereafter.”

Member’s explanatory statement

This amendment would require the Secretary of State to report on temporary exemptions from a

prohibition imposed in regulations.

Rachael Maskell

10

Clause  9,  page  5,  line  30,  after “Kingdom” insert “and setting out the number of

permits requested, granted and refused”.

Member’s explanatory statement

This amendment would require the Secretary of State to report on the number of permits requested,

granted and refused.

Alan Brown

13

Clause  13,  page  9,  line  1,  at end insert—

“(2A)    

The Secretary of State must lay before Parliament a report containing proposals

for a trailer registration scheme. This report must make provision for whether—

(a)    

the proposed registration scheme would be compulsory or voluntary;

(b)    

non-commercial trailers will be included in such a registration scheme;

and

(c)    

it would be appropriate for the operation of such a registration scheme to

be run by a third-party authorised by the Secretary of State.

Public Bill Committee: 22 May 2018                     

4

Haulage Permits and Trailer Registration -[Lords], continued

(2B)    

The report must be laid before Parliament within the period of six months

beginning with the day on which this section comes into force.”

Member’s explanatory statement

This amendment would require the Secretary of State to lay a report before Parliament outlining

their proposals for a trailer registration scheme within six months of the passing of this Act.

Jesse Norman

3

Clause  13,  page  9,  line  2,  leave out subsections (3) to (5)

Member’s explanatory statement

This amendment removes provision which is replaced by NC1 and NC2.

Jesse Norman

4

Clause  14,  page  9,  line  31,  leave out subsections (3) and (4)

Member’s explanatory statement

This amendment removes provision which is replaced by NC1 and NC2.

Jesse Norman

5

Clause  23,  page  13,  line  35,  leave out subsection (3) and insert—

“(3)    

A statutory instrument containing any of the following (with or without other

provision) may not be made unless a draft of the instrument has been laid before

and approved by a resolution of each House of Parliament—

(a)    

the first regulations under section 1;

(b)    

the first regulations under section 2;

(c)    

the first regulations under section 13;

(d)    

the first regulations under section 18;

(e)    

the first regulations under section (Trailer safety: testing regulations);

(f)    

other regulations under section (Trailer safety: testing regulations)

which amend an Act.”

Member’s explanatory statement

This amendment requires the first regulations for periodic testing of trailers (see NC2), and any

later regulations which amend an Act, to be subject to the affirmative procedure.

Public Bill Committee: 22 May 2018                     

5

Haulage Permits and Trailer Registration -[Lords], continued

Jesse Norman

6

Clause  24,  page  14,  line  8,  leave out “Section 11 extends” and insert “Sections 11,

(Trailer safety: report) and (Trailer safety: testing regulations) extend”

Member’s explanatory statement

This amendment provides that the new clauses about trailer safety (see NC1 and NC2) extend to

England and Wales and Scotland.

Rachael Maskell

11

Clause  25,  page  14,  line  16,  at end insert—

“(1)    

Where as an outcome of the negotiations relating to the United Kingdom’s

withdrawal from the European Union, the United Kingdom remains in the

European Union’s Community Licence regime, sections 1, 2 and 3 will cease to

have effect.”

Member’s explanatory statement

This amendment would mean that the powers set out in section 1, 2 or 3 would not be available to

the Secretary of State where the UK remains in the European Union’s Community Licence Regime.

Jesse Norman

14

Clause  26,  page  14,  line  25,  leave out subsection (2)

Member’s explanatory statement

This amendment removes the “privilege amendment” inserted by the Lords.

Jesse Norman

NC1

To move the following Clause—

“Trailer safety: report

(1)    

The Secretary of State must prepare a report on the number and causes of road

traffic accidents occurring in England, Wales or Scotland during the reporting

period which—

(a)    

involved trailers, and

(b)    

caused injury or death to any person.

(2)    

The report must contain an assessment of whether—

(a)    

regulations under section 13 should provide for the compulsory

registration of relevant trailers;

(b)    

regulations under section (Trailer safety: testing regulations) should be

made.

(3)    

The report must be laid before Parliament within the period of one year beginning

with the day on which this section comes into force.

Public Bill Committee: 22 May 2018                     

6

Haulage Permits and Trailer Registration -[Lords], continued

(4)    

In this section—

“relevant trailers” means trailers which are kept or used on roads and—

(a)    

if constructed or adapted to carry a load, weigh more than 750

kilograms when laden with the heaviest such load;

(b)    

otherwise, weigh more than 750 kilograms;

“reporting period” means a period determined by the Secretary of State,

which must be a continuous period of at least 12 months ending no earlier

than 18 months before the day on which this section comes into force.”

Member’s explanatory statement

This new clause requires a report on road traffic accidents involving trailers to be laid before

Parliament, including a recommendation as to whether compulsory registration or periodic

testing of trailers weighing more than 750 kilograms should be introduced.

As Amendments to Jesse Norman’s proposed New Clause (Trailer safety: report)

(NC1):—

Rachael Maskell

(b)

Line  5,  after “involved” insert “commercial or non-commercial”

Member’s explanatory statement

This amendment would ensure that the reporting requirements apply to both commercial and non-

commercial trailers.

Karin Smyth

(a)

Line  11,  at end insert—

“(2A)    

The report must contain an assessment of levels of compliance with existing

provisions relating to the construction, condition or safety of all trailers.”

Member’s explanatory statement

This amendment would require the Secretary of State to assess and report on the construction,

condition and safety of all trailers.

As an Amendment to Karin Smyth’s proposed Amendment (a):—

        Rachael Maskell

(aa)

Line  2,  at end insert “and the installation of tow bars”.

Member’s explanatory statement

This amendment would amend NC1(a) to ensure that the report contains an assessment of

compliance of existing provisions relating to the installation of tow bars.

Public Bill Committee: 22 May 2018                     

7

Haulage Permits and Trailer Registration -[Lords], continued

As Amendments to Jesse Norman’s proposed New Clause (Trailer safety: report)

(NC1):—

Rachael Maskell

(c)

Line  11,  at end insert—

“(2A)    

Where reporting on a road traffic accident under subsection (1) which involves a

tow bar attachment, the Secretary of State must include an assessment of whether

the tow bar attachment contributed to the accident.”

Member’s explanatory statement

This amendment would require the Secretary of State to include information on tow bar

attachments when reporting on road traffic accidents involving trailers.

Rachael Maskell

(d)

Line  13,  at end insert “, and each year thereafter”.

Member’s explanatory statement

This amendment would require the Secretary of State to lay a report on trailer-related accidents

before Parliament annually.

Rachael Maskell

(e)

Line  21,  at end insert—

““tow bar attachment” means any device used to connect a motor vehicle and

trailer for the purpose of towing the trailer.”

Member’s explanatory statement

This amendment is consequential on Amendment (c).

Jesse Norman

NC2

To move the following Clause—

“Trailer safety: testing regulations

(1)    

Regulations may provide for periodic testing of the construction, condition or

safety of relevant trailers.

(2)    

The regulations may amend provision made by or under Part 2 of the Road Traffic

Act 1988.

(3)    

The regulations may, in making consequential or other provision as mentioned in

section 23(1)(a), amend any Act (whenever passed or made).

(4)    

No regulations under this section may be made before the report is laid before

Parliament under section (Trailer safety: report).

(5)    

In this section, “relevant trailers” has the meaning given by section (Trailer

safety: report)(4).”

Member’s explanatory statement

This new clause allows the Secretary of State to introduce a system of periodic testing for trailers

weighing more than 750 kilograms.