Select Committee on European Scrutiny Second Report


5 Road safety

(27903)

13869/06

+ ADDs 1-2

COM(06) 570

Draft Directive on the retrofitting of mirrors to heavy goods vehicles registered in the Community

Legal baseArticle 71; co-decision; QMV
Document originated5 October 2006
Deposited in Parliament16 October 2006
DepartmentTransport
Basis of considerationEM of 16 November 2006
Previous Committee ReportNone
To be discussed in CouncilPossibly 11-12 December 2006
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

5.1 Under Directives 2003/97/EC and 2005/97/EC new goods vehicles over 7.5 tonnes and certain goods vehicles between 3.5 and 7.5 tonnes will have to be fitted, from January 2007, with an increased number of mirrors in order to reduce blind spots, particularly those in close proximity to high-sided vehicles, where the driver often has an obstructed view of pedestrians, cyclists and other vehicles. The provisions will apply to goods vehicles between 3.5 and 7.5 tonnes which have cabs of sufficient height to enable close proximity mirrors to be fitted at least two metres from the ground and still be visible to the driver.

The document

5.2 This draft Directive would require heavy goods vehicles to be fitted retrospectively with enhanced devices, for example mirrors, so as to reduce the number of fatal accidents involving vulnerable road users. It would apply to all goods vehicles over 3.5 tonnes not covered by Directives 2003/97/EC and 2005/27/EC. The proposal:

  • requires vehicles covered to be fitted with a wide angle mirror and a close proximity mirror complying with Directive 2003/97/EC on the passenger side — compliance is considered to be achieved if the mirrors provide not less than 99% of the field of view specified in that Directive;
  • where it is impractical to fit mirrors conforming to Directive 2003/97/EC, allows the use of indirect vision devices, for example cameras, provided at least the same field of view is covered;
  • requires Member States to introduce initiatives to raise awareness of dangers for road users arising from vehicle blind spots; and
  • does not apply to vehicles more than 10 years old, to vehicles not able to mount a close proximity mirror and a wide angle mirror more than two metres from the ground and visible to the driver and to vehicles subject to national requirements prior to entry into force of Directive 2003/97/EC and which are fitted with devices such that the driver has a total field of vision not less than 95% of that required by that legislation for a close proximity mirror and a wide angle mirror.

5.3 The two addenda to the proposal provide, in full and summary form, information about the impact assessment carried out by the Commission to determine the costs and benefits of introducing provisions for the retro-fitting of mirrors to heavy goods vehicles and its consultation with interested parties.  The impact assessment concludes that there would be a benefit to cost ratio of about 3.5:1 on the basis that about 1,200 lives would be saved by 2020 across the EU and cost of fitting would be between €100 (£67) and €150 (£100) per truck.

The Government's view

5.4 The Minister of State, Department for Transport (Dr Stephen Ladyman) says that on Great Britain's roads over 3,200 people have been killed and 30,000 seriously injured annually in recent years. Detailed analysis of relevant statistics for 2005 shows that:

  • 38 vulnerable road users were killed in Great Britain on being involved in a collision with the side of a heavy goods vehicles; and
  • 43 vulnerable road users were killed in Great Britain in frontal impacts with goods vehicles above 7.5 tonnes and of these five were killed as the vehicle moved off from rest.

The Minister comments that it is difficult to estimate how many of these casualties result directly from the limitations of current vehicle mirror systems. However, based on the following assumptions:

  • measures to address the blind spots to the side of heavy goods vehicles are 25% effective; and
  • measures to address the blind spot to the front are 90% effective for those accidents involving vehicles moving off (as the driver would be able to see the vulnerable road user before moving off) and only 10% effective if the vehicle is in motion (as the driver would not have time to react to avoid the collision);

It is estimated that up to 17 lives could be saved annually. The Minister adds that the statistics show that in 2005 four car occupants were killed in side swipe incidents involving heavy goods vehicles changing lane on multi-lane roads. If the measures to address the blind spots to the side of heavy goods vehicles also have a similar effectiveness on side swipe accidents, then an additional life could be saved annually in side swipe incidents.

5.5 The Minister then tells us that the Government takes the matter of visibility from large vehicles very seriously and supports the objective of this proposal, as an important first step. Nonetheless, it has suggested to the Council Working Party on the proposal that:

  • front mirrors be included, at least for the largest of vehicles, to maximise potential casualty reduction;
  • lenses complying with the new requirements bear identification marks to provide both a clear indicator to the consumer when buying replacements and a simple enforcement mechanism; and
  • on subsidiarity grounds there should not be a requirement as to how a Member State deploys its road safety publicity budget.

5.6 The Minister adds that the Government is also concerned that even with the new measures there will be a blind spot below the front passenger side door. It has therefore approved an on-road trial of low-cost stick-on fresnel lenses[10] as a possible solution. It intends, if there is evidence of a meaningful road safety benefit when the trial is concluded around February 2007, to press the Commission to introduce appropriate new measures.

5.7 On the financial implications of the proposal the Minister says that in contrast to the Commission's estimated benefit to cost ratio of 3.5:1 from the proposal, the Government's current draft partial Regulatory Impact Assessment (which the Minister attaches to his Explanatory Memorandum) estimates a figure of 1.4:1 and that this ratio, whilst not comparing favourably with the Commission's, is still positive. He adds that if the proposal also included, as the Government is suggesting, front mirrors systems the benefit cost ratio estimate is 1.8:1.

5.8 As for costs the Minister, whilst noting that these would fall primarily on the road haulage industry, says the Commission based its benefit to cost estimates on EU wide costs in excess of €660 million (£444 million), including €57 million (£38 million) for the UK. Whereas the Government's present assessment estimates the cost for the UK to be €137 million (£92 million). But the Minister adds that the Commission figures are costed on the basic mirror price only, whereas the Government's include also installation costs per vehicle class and the operating and maintenance cost.

5.9 Finally the Minister says the Government will consult the key interested parties about their views of the Commission proposal.

Conclusion

5.10 Road safety is clearly an important issue and this draft Directive appears to have the potential to add to the useful mechanisms for improving road safety. And we note that the Government wishes to extend the effect of the proposal beyond what the Commission suggests. But before considering the matter further we wish to hear about:

  • how the draft Directive is developing in negotiation, particularly in relation to the Government's wish for additional provisions;
  • a resolution of the subsidiarity issue; and
  • the outcome of the Government's consultations.

Meanwhile the document remains uncleared.




10   Fresnel lenses are flat lenses with a series of concentric rings, typically used for example in overhead projectors. The idea is to stick a lens on the inside of the off-side window to give the driver a field of view around and beneath it.

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