Clause 9 — Removal of Certain Vehicles by Traffic Officers

Part of Traffic Management Bill – in the House of Commons at 5:33 pm on 16 March 2004.

Alert me about debates like this

Photo of Mr David Jamieson Mr David Jamieson Parliamentary Under-Secretary, Department for Transport 5:33, 16 March 2004

Again, these issues were rehearsed at length in Standing Committee. In case there is no time later, I want to make it clear that this Government hold this country's recovery organisations in high regard. The AA, RAC and Green Flag, to name but three, give their members an excellent service. The Government have absolutely no intention of supplanting the excellent work of those organisations. I hope that that reassures the Opposition, who seem hellbent on perpetuating a myth about the Government's intentions.

Clause 9 paves the way for regulations to be made that will empower traffic officers to remove vehicles that are broken down or abandoned, or parked illegally, obstructively or dangerously. The framework set out in regulations under section 99 of the Road Traffic Regulation Act 1984 already allows the police to remove vehicles in such circumstances. Opposition Members should be aware of that, as the measure was passed by a Conservative Government. The legislation works well, and so we intend to enable traffic officers to deal with the problem in a similar way.

Vehicles that are broken down, damaged or abandoned represent a safety hazard, especially on motorways and other high-speed roads. They can cause congestion and pose risks to road safety. It is essential that those vehicles can be removed quickly in the interests of the safety of any occupants and of other road users. Motorway hard shoulders and dual carriageway verges are dangerous places, and there are still too many fatalities and serious accidents involving stranded vehicles. It is therefore vital that traffic officers have the ability to require the removal of a stationary vehicle.

Amendment No. 2 would constrain the ability of traffic officers to sort things out. Over time, those officers become very experienced in assessing such situations, but the amendment would impede their discretion to have a vehicle removed. In practice, that could result in an increasingly dangerous situation: the removal of a vehicle from a hazardous location could be delayed while discussions were held on how long it might take a breakdown organisation to come along, or whether a friend was going to come to the driver's assistance.

On a busy motorway, with a vehicle in a dangerous position, that would clearly be totally unacceptable. I fully understand the concerns of the recovery organisations and their members that they should not to be subjected to over-zealous removal by the authorities, but that has not happened to date and there is no reason to believe that it will happen in the future.

Who is in the best position to judge an appropriate course of action? That is a key question. Traffic officers are well trained and experienced professionals who know the network and the prevailing traffic conditions. They will understand more fully the risks inherent in various breakdown situations. They will be at the scene, and also will be in touch with the regional control centres that can provide information relating to conditions elsewhere on the road. They are in the best position to make a judgment on the most appropriate course of action, not the driver or the recovery operators.

I emphasise again that the recovery organisations will be able to attend their members who break down on motorways and trunk roads, as they do now. For those drivers who are not members of a breakdown organisation, the recovery of their vehicles will be dealt with as it is now. That may include the use of police contracts to remove the vehicle from the motorway or trunk road.

The Government are committed to an ongoing dialogue with the recovery industry to see how further improvements can be made to the way that breakdowns are dealt with on motorways and trunk roads. The Highways Agency is convening a working group to discuss issues of removal and disposal of vehicles, and representatives of the recovery industry will be invited to attend. I am told that the working group will meet next Friday, 26 March, to discuss those matters, and I know for certain that the AA and RAC wish to attend.

In light of what I have said, I hope that the amendment will be withdrawn.