Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020

Motion to Consider

Moved by

To move that the Virtual Proceedings do consider the Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020.

The Motion was considered in a Virtual Proceeding via video call.

My Lords, this is a take note Motion. I am not opposed to the principle of the regulations, which introduce a one-off, six-month exclusion from the requirement for light vehicles to hold a valid MoT test certificate, but I have a number of points and questions to raise with the Government.

To start, what were the key factors behind these regulations? The Explanatory Memorandum states that

“given the widespread impact of COVID-19 there are likely to be local difficulties in obtaining testing imminently, with more widespread difficulties as the pandemic develops.”

That suggests that the basis of the regulations is an assumption, rather than hard evidence, about local and more widespread difficulties.

The Explanatory Memorandum goes on to state that without the regulations

“many people may have to unlawfully use their vehicle without an MOT, to reach work or do essential shopping, which is a particular concern for vulnerable people”

and:

“The lack of a valid MOT may also mean that vehicles cannot be taxed and using a vehicle unlawfully may also invalidate insurance cover.”

These last two points depend on the accuracy of the assumption that Covid-19 has led to difficulties in obtaining testing. However, I hope the Government can confirm that they have ensured that the DVLA has updated its records and systems so that people in the six-month exemption period will not have problems renewing their car tax or over insurance cover.

Returning to the point about difficulties of obtaining testing, which would presumably be caused by garages being closed or short-staffed due to the incidence of Covid-19, my local garage was shut for three weeks in April, but it then reopened, since after another month there might not have been a business left at all. The Government did not say that garages had to close. Indeed, they encouraged them to remain open, and I assume they have issued appropriate advice on maintaining social distancing at work for garage mechanics.

There are 23,500 test stations, and in normal times there is a surplus of capacity, according to the Explanatory Memorandum. Can the Government say what that level of spare capacity in normal times actually is? What is the maximum number of MoT tests on vehicles covered by these regulations that can be carried out per six months in a normal year compared with the number actually carried out per six months in a normal year? How many MoT tests on light vehicles covered by these regulations were carried out in the four weeks prior to the announcement of the lockdown, and what was the maximum number of MoT tests that could have been carried out in the four weeks prior to the announcement of the lockdown? By how much has the maximum capacity for testing been reduced so far during this pandemic, and what do the Government estimate that maximum capacity to be at present?

My Lords, I am grateful to the noble Lord, Lord Rosser, for raising this issue, but I think that the order is a sensible precaution. I believe that the Minister and her department are operating magnificently. For instance, last week she and her officials sorted out a problem I had raised about abnormal load movements within 24 hours from start to finish.

It is important to recognise that having an MoT testing regime is not just about the direct safety benefit of detecting vehicle faults but much more about keeping our vehicle fleet operating at a very high standard, without a race to the bottom under economic pressures. Also more important nowadays is minimising environmental harm by means of emission testing. The good news is that the standard of our private car and commercial vehicle fleet is far higher than it was a few decades ago. I have a somewhat technical interest to declare, in that I currently operate a heavy goods vehicle exclusively under an order made under Section 44 of RTA 1988, but might want to operate it under C&U rules. Lack of goods vehicle testing capacity may cause me some inconvenience at some point in the future.

In effect, the order extends an existing MoT certificate but does not allow a vehicle to be operated without a recent certificate at all. That is fine for cars, but not necessarily for goods vehicles. There may be sound reasons why it is necessary to bring a goods vehicle back into operation; for instance, after a significant overhaul or refurbishment. I understand that the Minister has the power to relax testing requirements for an individual vehicle, but officials are using it only sparingly, for vehicles involved in combating the coronavirus, but not generally, even for reliable operators. Before noble Lords get too excited about my suggestion, I point out that goods vehicle operators are already obliged to inspect their vehicles for safety about every six weeks, so my proposal would have a limited adverse effect on road safety.

My Lords, it is unfortunate that after many years of encouraging the use of public transport and attempts to reduce traffic congestion and use of fuel, and to improve air quality, the Government are now having to encourage limited use of cars again. The legal requirement for cars to be given MoT tests is not without reason, so there must be safety implications arising from their suspension. A number of cars that will be driven during the exemption period would have failed their test.

The noble Lord, Lord Rosser, asked many important questions. In particular, can the Minister confirm how many cars would normally have failed an MoT in a six-month period, allowing an estimate to be made of how many cars being driven over the spring and summer might have failed this test? What steps are the Government taking to encourage motorists to follow advice from sources such as the AA and the RAC about keeping their cars safe and roadworthy? What efforts are they making to advise motorists to check the condition and pressure of their car tyres, their vehicle’s oil levels and coolants and the functioning of their windscreen wipers and lights before they resume driving?

The role of the rescue services is important at this time, especially in supporting key workers travelling to their essential jobs. Perhaps it is time to thank organisations such as the AA and the RAC which are offering to rescue any NHS worker who needs their help without charge.

How are the Government liaising with the insurance companies over the consequences of suspending the operation of MoT testing? Some insurance companies may be in a healthy financial position, as they claim full premiums from motorists even when people are driving a lot less and presumably making fewer claims. Are the Government advising these companies that they should not cancel someone’s insurance cover simply because their car has not had an MoT during this period, as lawyers advise they may be able to do? Are they advising motorists that they should notify their insurance companies if they do not obtain an MoT when it would normally be due? Finally, are they talking to car manufacturers and dealers about whether a lack of an MoT, if due in this period, may invalidate warranties?

My Lords, I agree that this is a very practical and sensible relaxation of the rules, which will help keep people able to work as the lockdown is eased. Without it, there would have been more hardship than we would have wished, probably among the less well off, who are less able to afford newer vehicles.

However, as others have said, safety is extremely important and it may be worth the Government putting out messages on public television or whatever about what defects would certainly be prosecuted by the police if you get stopped. Exemption from an MoT does not mean that you are allowed to drive a dangerous car. For instance, damaged tyres are critical. I have noticed very occasionally that the inside wall of the tyre may be damaged, and that gets picked up only at the MoT because not many of us like crawling under our car regularly just to check. If it has not been serviced for a while, it can go unnoticed.

Brake pads are important; yes, lights can come up on the dashboard, but I am not sure that everyone understands them. However, if the noise should alert people, maybe these messages should be put out publicly. Wiper blades, as mentioned by the noble Lord, Lord Rennard, are very important in bad weather —or even in good weather when your windscreen gets clogged up with flies and you have to use the windscreen washers. Some basic messages on things such as that should be promulgated, because we do not want unsafe cars on the road.

I am not sure what exactly qualifies as essential services, but garages and small car servicing shops should be treated as essential. The people who sell the parts and things that we need should also be treated as essential; I think that they already are.

If one wants an MoT before the new deadline—this may be a very good way of getting a car checked anyway—presumably that journey would be regarded as important enough to qualify under the rules for essential journeys or for getting to work. It would be useful to have that clarification.

My Lords, it is fair to say that these regulations represented a practical, proportionate intervention at that stage of the crisis, not least for our front-line workers to whom we owe an enduring debt of gratitude.

However, since the guidance has changed materially, I have some questions for my noble friend the Minister. What impact has this had on small businesses, not least those garages that employ five people or fewer? In the light of these changes, does it not make sense for the regulations to be reviewed on a weekly, perhaps even fortnightly, basis? What data are the Government collecting on vehicles on the road? For example, how many are being stopped, how many are being taken off the road and how many fines are being issued? How has the risk addressed in the regulations been balanced against the other risks that it inevitably brings to bear? I am particularly concerned about the situation for taxis and private hire cars. Are the Government looking at this issue?

The guidance has changed materially as of Sunday evening, as we saw this morning. As JM Keynes put it, “When the facts change, I change”. Should the regulations be under review in that context? This morning, we saw that the traffic on the roads has increased materially, as guided by government. Does my noble friend agree that we need to ensure not only that passengers in those cars are safe, in terms of reducing their Covid risk, but that the vehicles in which they travel are safe for them, for other road users, for pedestrians and for us all?

My Lords, I declare my interests as in the register.

We understand perfectly the reasons for these regulations. At this time, it is important that we remove as many burdens from people as possible and ensure that no one is forced into contact with others if it can be avoided. However, I wish to point out a couple of problems. I support the regulations but we will need to get MoT stations back to normal operation as soon as possible.

My first point concerns safety. It goes without saying that maintaining mechanical and emissions standards for motor vehicles is safety-critical for all road users and for reducing air pollution, which has been one of the few benefits of the present crisis. MoT testing stations play a vital part in this. They are not there to catch the crook or wide boy who wants to drive unsafe vehicles on the road, although they have a part to play here. The overwhelming majority of vehicles that fail their MoT do so because they have faults that their owners were unaware of. For instance, a six-month delay in getting an MoT test means that some faults, for example in brakes that were fine 18 months before at the last test, are now dangerous. The MoT test is set up to ensure that the brake pads are thick enough to last for 12 months of normal usage of that vehicle— 18 months may remove that safety margin.

The second issue concerns the nature of MoT stations themselves. Outside Northern Ireland, they are overwhelmingly small businesses set up as small independent garages specialising in MoTs. They are sometimes part of repair garages, because the repair garage is fed from the work generated by the MoT testing. If you find that your car has failed the MoT on something minor such as a faulty brake light, it is often convenient for the vehicle owner to get a quote from the garage doing the MoT and get the MoT done quickly on the spot if the price is right.

My Lords, I am grateful to my noble friend Lord Rosser for the opportunity to debate these regulations. The MoT is an essential safety requirement for those who use the road. You can just as easily kill somebody by having a defective car that has failed an MoT as you can with the coronavirus, so the whole regulation needs to be put into perspective. Like my noble friend Lord Rosser, I ask the Minister to explain what exactly is the reason for this. Is it because the testers have too much work doing something else or because the DVLA is not ready to process the information?

As other noble Lords have said, there are something like 23,000 testing centres in this country. I decided to see how easy it would be to get an MoT test this morning. I googled “MoT test” and managed to book a service with a mythical car—I do not drive or own a car—an XJ12, petrol, 2010 model, for two weeks’ time on 22 May. There are probably many other testing centres that would have taken my booking so I cannot quite see the problem of lack of testing facilities—if, indeed, that is the problem.

A period of several weeks or months of not driving one’s car can create an equally serious problem, as other noble Lords have said. One can now drive from London to Cornwall and back in a day; you cannot spend the night anywhere, but you can drive. That is the kind of situation where latent defects in vehicles could pop up.

The other issue I would like to raise with the Minister is that of attributable accidents. In other words, if you have not bothered, frankly, to have an MoT test, you are exempt because of these regulations, and you have an accident where somebody is badly hurt or killed, who is to blame? I would blame the Government for bringing in unsafe regulations when they were not necessary. The Minister will probably have a much better answer to absolve the Government but, after all, somebody will have to pay compensation and that seems very unfair.

My Lords, I will concentrate on two specific issues: revocation of the SI and the connected effect on the business of MoT test centres.

As it stands, the SI has effect until 30 September 2021. There is no sunset clause, as explained in paragraph 14.2 of the Explanatory Memorandum. The explanation provided is that

“it is not appropriate to provide for a review of this instrument as it will cease to have effect after a short and fixed period of time.”

Paragraph 7.6 of the EM tells us that this instrument

“will be revoked if it no longer serves a useful purpose.”

I want to press the Minister to consider whether 18 months is a short period. Given all the shifts in the Government’s approach to the pandemic, as restrictions are lifted or amended, surely it would have been sensible to build in a different approach in Regulation 2(3). If, as we all hope, we can take steps to return to a sense of normal road activity by the end of the year, surely a review clause would be more appropriate. The alternative, as laid out in paragraph 14.1 of the Explanatory Memorandum, is a new instrument to be laid before Parliament. That process would itself extend the intention of revocation by a month or two.

The case for this review clause is strengthened by paragraph 7.4 of the EM, which informs us that the purpose of the instrument is to

“enable drivers to continue to travel for a purpose permitted by law, such as purchasing essential food and medicine”.

We are discussing an SI when the regulations on lawful driving have already been changed. In England people can now drive to places where they wish to exercise, such as beaches or the countryside, but I suggest that they do not come over the border into Wales because they could be fined under laws the Welsh Government have put in place.