APPENDIX 12
Memorandum submitted by Stena Line Ports
Ltd
We are responding to the invitation from The
Transport Committee to submit evidence and information to assist
them in their inquiry into the remit and work of the Department
for Transport's Executive Agencies concerned with surface transport—the
DVO group (Driving Standards Agency (DSA); Driver and Vehicle
Licensing Agency (DVLA); Vehicle Certification Agency (VCA); and
Vehicle & Operator Services Agency (VOSA)); and the Highways
Agency (HA).
We are specifically addressing our concerns
at the way in which VOSA operate and in particular, the uneven
way in which they conduct inspections in different areas of the
country, which directly leads to commercial disadvantage. In addition,
we hold that their approach to inspections may even be anti-competitive
under European Law. In short, as the operator of the Port of Holyhead,
Anglesey we have concerns about the impact on our business of
roadside checks being carried out by VOSA in the vicinity of the
Port of Holyhead.
Let me first say that Stena Line supports the
work of the UK Government in identifying and dealing with breaches
of the law in respect of transport units on UK roads. It is clear
from the evidence of their records that this work is necessary
and, considering the ever-increasing numbers of foreign vehicles
trading into the UK with different interpretation of roadworthiness
standards, contributes to making our roads safer.
However, as mentioned, these roadside checks
are regularly carried out in close proximity to the port and we
are concerned that legitimate haulage operators may re-route LGV
vehicles to avoid the time delays and inconvenience of these indiscriminate
checks. The continued use of these by VOSA concentrating on the
area around Holyhead may potentially have a serious adverse effect
on both our business and that of our ferry customers.
We understand that the roadside checks being
carried out by VOSA are made pursuant to powers given to VOSA
in 2003. At that time North Wales was selected as one of the six
police authorities that took part in a pilot scheme to use the
new powers. We have recently written to VOSA requesting clarification
of the pilot scheme, its duration and reasons for the selection
of North Wales over other possible locations.
For clarification we wish to advise that this
letter comes to you from The Port of Holyhead which is itself
owned by Stena Line Ports Limited a subsidiary of Stena AB, based
in Sweden. Stena AB also owns ships and operates 18 important
ferry routes for freight and passengers throughout Northern Europe
specifically on the Irish Sea, the North Sea and around Scandinavia
and these include:
— Holyhead to Dun Laoghaire and Dublin.
— Harwich to Hook of Holland and Europoort.
— Killingholme to Hook of Holland.
Stena Line, as well as providing ferry services,
are also terminal managers and operators on most of their routes.
In addition to Holyhead, Stena are the statutory port authority
in Stranraer and Fishguard.
In this letter I hope to draw the Committee's
attention to VOSA activities at their new inspection facility
on the A55 at Dalar Hir which is within a few miles from Holyhead
port. At this location they are able to ensure that all freight
vehicles coming to or from the port have to go through their facility.
As you can imagine, freight drivers get to know when inspections
are being carried out. It is widely held that when checks are
being made, operators quickly become aware and there follows a
degree of diversion to other ferry services, for example, those
connecting to Birkenhead and Liverpool.
This might mean that a proportion of the so-called
"real offenders" will divert to other routes or delay
shipping goods, so bypassing the A55 checks completely. They do
this in the knowledge that the likelihood of being pulled up elsewhere
is much reduced or virtually nil. Consequently we see volumes
affected through Holyhead when checks are being made but these
volume losses are not confined to potential lawbreakers, as bone
fide operators will also divert to avoid the hassle factor and
associated delays and to ensure more predictable journey times.
At the same time, they may avoid the potential of being compromised
and/or fined as a result of having what they may consider as being
relatively minor infringements identified.
On 13 July we met with VOSA at our Holyhead
port and were able to highlight the problems we were facing as
a result of their actions. The concerns expressed at the meeting
were not confined to the port. Indeed, the meeting uniquely saw
both service providers represented (Irish Ferries and Stena Line
Freight who are customers of the port). These operators of ferry
services equally voiced the concerns they have that VOSA activities
are placing them at a disadvantage versus their competitors using
other west coast ports. The reductions in volumes they experience
are clearly reflected in the volumes we see and upon which the
port relies for its existence.
As a measure of the degree of concern a wide
range of interested and concerned parties heavily supported the
meeting. I detail below the persons present at the meeting.
| Port of Holyhead |
Wyn Parry |
Port Manager |
| British Ports Association | David Whitehead
| Director |
| Stena Line Freight | Frank Nieuwenhuys
| Freight Commercial Manager |
| Stena Line Freight | Declan O'Sullivan
| Area Sales Manager, Republic of Ireland |
| Stena Line Freight | Emyr Williams
| Freight manager Holyhead Port |
| Stena Line Freight | Kevin Arman
| Freight Reservations |
| Stena Line | Garth Halanen |
Ship Management |
| UK Chamber of Shipping | Tim Reardon
| Manager Shipping Policy |
| Irish Ferries | Eugene Carron
| Freight Manager |
| Irish Ferries | Ian Fenwick
| Irish Ferries Manager Holyhead Port |
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In its terms of reference, The Committee sets out to determine
the agencies' accountability, transparency and performance.
It also requests any other relevant information.
ACCOUNTABILITY
1. It is not clear to us how to complain about the activities
of this agency, VOSA seem to be able to determine how they will
operate and can in their defence simply state that they are identifying
dangerous vehicles and are removing them from our roads. We have
no issue with this ambition and would be supportive of more checks
throughout the country, but not all concentrated in one place.
2. We have made known our concerns to various parties
including Welsh Office Under Secretary Nick Ainger MP, Local Member
of Parliament, Mr Albert Owen MP, North Wales Police Force Chief
Constable Mr Richard Brunstrom and Local Trading Standards Officers.
However, while the views of these parties has been generally sympathetic
to our concerns, the defence put up by VOSA in line with point
1 above, has remained their main justification for continuing
their distorted level of checks when compared with other UK locations.
TRANSPARENCY
1. Figures for vehicle inspections at sites around the
country and prohibitions issued do not appear to be publicly available.
2. The Port of Holyhead was given figures by VOSA specifically
prepared by them for the meeting on the 13 July. VOSA informed
us that they had compiled the figures to provide evidence of prohibitions
issued and therefore to defend their actions. However, in doing
so they also demonstrated that the whole system was unfairly stacked
against traffic using Holyhead Port. Extracts from these statistics
underpinning our case are included as an addendum. Full details
available on request.
PERFORMANCE
1. For the reasons stated above we do not believe the
performance of VOSA is consistent across the country. Moreover,
we consider that the level playing field necessary for the free
movement of goods is being compromised by having such a severe
concentration of activity directed at Holyhead alone, placing
it at a commercial disadvantage. A consequence of this is that
the long-term disadvantages experienced may lead us to review
future levels of investment in port infrastructure, effectively
inhibiting free trade.
2. Although not at that point yet it is possible that
we could (i) see lack of interest by other ferry operators wishing
to commence a service to/from Holyhead and/or (ii) in an extreme
case, one of our existing customers could withdraw from Holyhead
in favour of an alternative less aggressively policed port location
eg Mostyn, Liverpool, Birkenhead, Heysham.
3. Until now the Anglesey Trading Standards group and
VOSA have both been using the site with the former carrying
out similar weight checks on vehicles. This duplication of activity
has worsened the perception of Holyhead in the eyes of the haulage
industry. Although we understand that Anglesey Trading Standards
may now eventually withdraw this overlap has been ongoing for
some years and so far, has not ceased.
4. The entire "freight vehicle dredging" of
the A55 when checks are being made is backed-up by VOSA officers
through their admission that mobile units are being deployed on
all other roads and routes into and out of Holyhead when the site
at Dalar Hir is operational. We have been told this is to catch
vehicles that may divert early from the A55 to avoid being pulled
in to the site. We see this as extremely heavy handed and demonstrates
that the way in which the port is effectively blockaded is entirely
unique and out of kilter with any other port location, possibly
within the whole of the rest of Europe and Scandinavia.
5. The A55 site operates in an entirely different way
than other ports. We were led to understand that ALL VEHICLES
MUST DRIVE THROUGH the Holyhead site and must queue and stop;
the procedure at other ports where VOSA operate within the port
itself is that vehicles cannot be stopped by VOSA but can only
be approached if already stationary.
6. The number of vehicles stopped at other ports is wholly
disproportionate when compared with the number stopped at Holyhead.
OTHER RELEVANT
INFORMATION
1. We have already highlighted that the A55 activities
of VOSA potentially constitutes an infringement of European Law
and may represent interference with the free movement of goods
between European member states. The European Court of Justice
(ECJ) takes seriously any attempts to restrict movement, and it
will be seen that seldom has the ECJ been prepared to allow such
infringement unless with very good reason.
2. As citizens, we are alarmed that vehicles being stopped
outside Holyhead and found to have had grave defects may have
already driven across mainland Europe and indeed, if arriving
via the Channel ports, will potentially have covered more than
400 miles on UK roads prior to arriving for shipment into Ireland.
Other vehicles in equally dangerous condition not destined to
Ireland may complete many hundreds of miles within the UK and
then head back to the continent without any checks (or apparent
threat of checks) being in evidence. Such vehicles may well travel
back and forth over many weeks; the evidence of photographs shown
to us by VOSA on 13 July was that some of the vehicles with extremely
dangerous defects "had been in that condition for many months".
I am sure you will concur that the activities of VOSA are
unfairly directed towards Holyhead, trade between Ireland and
other member states of the EU and North Wales. We are frustrated
in that we have no course of action other than that which we have
already taken. We continue to endure the effects of action taken
by an agency that appear to act in an uneven way, setting their
own agenda and priorities. Instead of investing in new sites elsewhere
recent upgrading and investment by VOSA was ploughed into the
same Holyhead facility to increase its capacity, potency and dominance.
9 January 2006
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VehType Date 2002
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HGV
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| Checksite lookup |
Data |
1999-2000 |
2000-01 |
2001-02 |
2002-03 |
2003-04 |
2004-05 |
Cheriton (Channel Tunnel outbound
| Sum of Vol
Sum of Mechanical Prohibition |
5
0 |
|
|
|
64
22 |
139
71 |
| Coquelles (UK Zone Channel Tunnel) |
Sum of Vol
Sum of Mechanical Prohibition
| 4
4 | 2
0 | 16
5
| 34
30 | 185
88 |
421
191 |
| Port of Birkenhead | Sum of Vol
Sum of Mechanical Prohibition
| | | | 10
3
| 42
12 | 150
37 |
| Port of Dover | Sum of Vol
Sum of Mechanical Prohibition
| 14
3 | 3
3 | 16
6
| 22
17 | 166
103 |
477
281 |
| Port of Fishguard | Sum of Vol
Sum of Mechanical Prohibition
| 1
1 | 1
1 | 1
1
| 55
2 | 30
0 | 82
7
|
| Port of Fleetwood | Sum of Vol
Sum of Mechanical Prohibition
| 8
2 | 2
0 |
| | 2
1 | 5
1
|
| Port of Folkestone | Sum of Vol
Sum of Mechanical Prohibition
| | | |
| | 1
0 |
| Port of Harwich | Sum of Vol
Sum of Mechanical Prohibition
| 2
2 | 209
1 | 112
1
| 14
2 | 11
0 | 14
0
|
| Port of Heysham | Sum of Vol
Sum of Mechanical Prohibition
| 8
1 | 2
0 | 4
0
| | 5
1 | 7
4
|
| Port of Holyhead | Sum of Vol
Sum of Mechanical Prohibition
| 71
7 | 88
7 | 53
3
| 75
8 | 258
79 |
1,005
234 |
| Port of Hull | Sum of Vol
Sum of Mechanical Prohibition
| | 3
0 | 21
1
| 74
0 | 11
1 | 171
7
|
| Port of Liverpool | Sum of Vol
Sum of Mechanical Prohibition
| 13
0 | 24
3 | 1
0
| 1
0 | 33
4 | 33
4
|
| Port of Mostyn | Sum of Vol
Sum of Mechanical Prohibition
| | | |
| 13
4 | |
| Port of Newhaven | Sum of Vol
Sum of Mechanical Prohibition
| | | 19
2
| 14
0 | 4
1 | 11
3
|
| Port of Pembroke | Sum of Vol
Sum of Mechanical Prohibition
| 22
2 | 11
0 | 8
2
| 71
7 | 91
21 | 79
11
|
| Port of Plymouth | Sum of Vol
Sum of Mechanical Prohibition
| 5
0 | |
| | | |
| Port of Poole | Sum of Vol
Sum of Mechanical Prohibition
| | | | 14
1
| 2
0 | 6
0 |
| Port of Portsmouth | Sum of Vol
Sum of Mechanical Prohibition
| 8
0 | 3
1 |
| | | 2
0
|
| Port of Purfleet | Sum of Vol
Sum of Mechanical Prohibition
| | | |
| 2
0 | 15
3 |
| Port of Ramsgate | Sum of Vol
Sum of Mechanical Prohibition
| | | |
| | 60
26 |
| Port of Rosyth | Sum of Vol
Sum of Mechanical Prohibition
| | | | 44
1
| 44
4 | 65
5 |
| Port of Sheerness | Sum of Vol
Sum of Mechanical Prohibition
| 1
0 | |
| 2
1 | 37
6 | 39
14
|
| Inland Checks | Sum of Vol
Sum of Mechanical Prohibition
| 1,946
139 | 1,989
156
| 1,841
182 | 1,542
163
| 2,505
457 | 4,408
796
|
| Total Sum of Vol | 2,108
| 2,337 | 2,092 | 1,972
| 3,505 | 7,190 |
| Total Sum of Mechanical Prohibition
| 161 | 172 | 203
| 235 | 804 | 1,695
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