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Earl Attlee moved Amendment No. 334:
- After Clause 72, insert the following new clause—
The noble Earl said: In view of what the Minister said, I shall truncate some of my comments.
The proposal behind Amendment No. 334 is that when an operator makes his statutory abnormal load notification, when appropriate and in particular on motorways and dual carriageways, the chief officer says, "Yes, you can move the load at this time but you must provide an escort in accordance with ACPO guidelines", or some other guidelines produced by the Home Office. The guidelines will be non-statutory but cover such matters as the experience of the escort driver, warning signs, communications both with the load and the police, and other technical details.
In short, we are talking about self-escorting. Perhaps the term "private escorting" has connotations that are not helpful. We are not talking about privatising or "contractorising" a police function. There will not be an opportunity for a cosy cartel to develop with obscure lines of responsibility between the escort, the operator and the police. If something goes wrong, say an unnecessary obstruction or an accident, the police will be able to investigate without fear or favour. The operator will be in control, but he will also be responsible.
It is important to understand that the escort will not be able to stop the traffic or authorise the driver of the abnormal load to break traffic regulations. The police or traffic wardens will still be required for that purpose. The escort will have only two functions; the
I made a more detailed speech at Second Reading, and more importantly on 2nd May last year from the Opposition Dispatch Box. Perhaps my noble friend on the Front Bench will confirm that this is still the extant policy of Her Majesty's Opposition. If we go down this route, we will make more effective use of police resources; we will save industry significant costs that are incurred in waiting for a police escort; the escort task will be better undertaken technically; and the motoring public will be saved much inconvenience because loads can be moved at unsociable hours on our most congested roads. I beg to move.
Lord Dixon-Smith: My noble friend has a strange way of asking whether I support him. However, I am happy to make clear to him that I do.
Viscount Simon: Like the noble Earl, Lord Attlee, I should perhaps declare that I am a civilian holder of the police class 1 driving certificate; that I go out on traffic patrol numerous times each year with various constabularies; and that in fact my next full police driving course is booked for June of this year.
It is my belief, shared by many front-line officers and I believe some within the transport industry, that the power to stop and control traffic, and to allow the contravention of road traffic legislation, should only be used by a uniformed police officer. Clause 37 of the Bill allows for those powers to be devolved to traffic wardens and the amendments are intended formally to set up private escorting.
I have three concerns on this matter: safety, security and insurance. If a private organisation is escorting an abnormal load and another motorist ignores all warning signs and subsequently causes a crash, who will foot the bill? Who will be liable? Will it be the insurer of the car, or will it be down to the escorting company's inability to stop following or approaching traffic? In either case I suspect that it will be the private motorist or the insurance companies who will foot the bill, and thus insurance rates will rise.
With car and lorry-related crime and lorry hijacking on the increase, the issue of security is of growing significance. Drivers of all types of vehicle must have every confidence that the person requiring them to stop for any purpose, be it for an abnormal load or any other reason, is a genuine police officer. Uniforms are worn by police officers to give confidence to the public, who are aware that the wearer is a physical manifestation of the law and is the protector of the public. That confidence must not be eroded by allowing some other person, in effect, to impersonate a police officer.
In the same way, the driver of the abnormal load needs to know that the person overseeing that activity is fully empowered by the law to allow the breaching of various pieces of legislation and to take the
That leads me to my concerns about safety. When I was last with police officers escorting an abnormal load on the motorway, there were motorists trying to pass where it was dangerous to do so, despite the fact that the marked police vehicle was appropriately positioned and was displaying a blue light. Under the noble Earl's plans, private operators would use a flashing orange light. That may alert drivers to the danger of the load, but, if they fail to behave sensibly where there is a full police escort, how can we expect drivers to act any better if the escort is provided by people who do not have the full weight of the law?
It would not surprise me to learn that the proposals had been brought about by a shortage of police resources. I understand and appreciate that, but, with about 3,500 people killed on our roads each year, the safety and security of the transport industry and other motorists must be of paramount importance. It is for that reason—and those that I have already given—that I would not wish there to be any privatisation of the escorting of abnormal loads.
My final point does not necessarily relate to the amendment, but is more a matter of academic interest. Who would determine which roadside furniture might have to be temporarily removed to allow an abnormal load to proceed in an urban area?
Earl Attlee: I am extremely grateful for the noble Viscount's contribution. I have no notes about roadside furniture, so I shall answer that question first. If roadside furniture needs to be removed, it is a matter for the local council. It would not matter whether there was a police escort, whether any escort was required at all or whether it was a special order; it would be for the council—the local authority—to decide on moving street furniture.
The noble Viscount raised what I call the "blue light" argument. I get the same argument from a personal friend who is involved in moving abnormal loads. I have escorted abnormal loads for some time, using an amber flashing beacon light, and I have experienced no problems. Furthermore, an ACPO study was done several years ago, during which two loads were moved. One was moved conventionally, with a police escort, and one was moved by police officers masquerading as civilians, if the noble Lord understands me. There was no difficulty, which is why ACPO is happy with the proposals.
It is also suggested that the police had special skills in escorting abnormal loads. They may have had, in the past. I hope that I will not upset the noble Lord, Lord Condon, by what I am about to say. However, Kent police do not have a special traffic police force any more and use ordinary area cars for escorting abnormal loads. Last summer, I was escorted by them. They did a satisfactory job, but they did baulk me, which stopped me racing down the hill in order to "fly" up the other side, so I moved the load a little more slowly than I could otherwise have done. They were not experienced in moving abnormal loads.
Another advantage of using private escorts is the use of signs. At the moment, the police car goes along but has no special signs. Under these proposals, the escort vehicles will have special signs.
I also expect that the guidelines will pay special attention to the experience of the escort driver. We do not want to have a 17 year-old boy escorting an abnormal load. Often, the person driving the escort vehicle will himself be a low-loader driver.
The noble Viscount mentioned insurance. If there is an accident, the police will, as I said, investigate without fear or favour. What happens if there is no police escort, as often happens, even though the load is very big?
I agree that the police or traffic wardens should be the only persons to stop the traffic or allow for special facilities. That is well understood and the Minister has addressed the matter. I am extremely grateful for the comments of the noble Viscount, Lord Simon. I am sure that the Minister will speak briefly because he has already spoken to my amendments.
"ESCORT FOR ABNORMAL LOADS
"The Secretary of State may by regulations make provision requiring all police forces in England and Wales to provide a police escort for abnormal loads moved under the provisions of section 44 of the Road Traffic Act 1988 (c. 52) (authorisation of use on roads of special vehicles not complying with section 41 regulations) only if—
(a) the driver of the load is likely to have to contravene traffic regulations;
(b) the load cannot be moved under a general order made under section 44 of the Road Traffic Act 1988 by reason of its gross weight or overall dimensions;
(c) in the opinion of the chief constable or the operator, the load is particularly awkward; or
(d) in the opinion of the chief constable or the operator, the agreed route is particularly hazardous in view of the nature of the load""
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