Clause 15 - Interpretation of part I
Vehicles (Crime) Bill
9:55 am
Mr Andrew Miller (Ellesmere Port and Neston, Labour)
The phrase ``written-off'' needs clarification. Clearly, my hon. Friend the Minister is right to say that people write off cars in different circumstances, and that removing the word ``substantial'' would create a risk. Does he intend the phrase to apply in all circumstances?
There are three potential definitions. First, the vehicle may be written off by the owner because he cannot afford to keep it on the road. The vehicle may not be unroadworthy; it may simply need a new engine. He cannot afford to replace it, so he sells the vehicle to a scrap dealer. Secondly, the vehicle may be written off by the insurance company because the cost of the body repair is greater than the value of the vehicle. In those circumstances, it would be totally inappropriate to delete the word ``substantial'', because one could have an expensive vehicle for which the parts are, as is frequently the case, hard to find. The owner cannot replace them so, although the damage to the vehicle may be minor, he decides to scrap it. Some other person with access to those parts may choose to put the vehicle back on the road, however; the clause as drafted, including the word ``substantial'', would allow that person to do that. Thirdly, a vehicle may be written off by an insurance company after a professional judgment has been made that, irrespective of the vehicle's value, it could not safely be repaired to meet safety standards. That is the circumstance that causes a great deal of concern among road safety organisations. We must ensure that the Bill is totally clear about that definition.
Some things may change with time. For example, Howard Basford, a successful company in my constituency, does fantastically difficult repair jobs on cars on behalf of insurance companies, with professional jigs and tools that meet the manufacturer's original specifications.
Some of the other definitions may need to be altered over the course of time. I do not want to be pedantic, because one pedant on the Committee is enough, but the phrase ``mechanically propelled vehicle'' in line 5 is clearly intended to refer to the power units of the vehicle. There will be circumstances in the not too distant future when the power unit will not be of a mechanical nature. Are the Government satisfied with the definitions as they stand? Do they accept that some of them may have to be changed to meet circumstances, as technology evolves?