Haulage Permits and Trailer Registration Bill [HL] — House of Lords, 2018-04-17
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): My Lords, the amendments proposed by the noble Lord, Lord Whitty, rightly draw attention to the important issue of rented trailers. I will explain how the introduction of a registration scheme could affect rental companies and operators, and I take the opportunity to underline that this is an issue we continue to consider and have engaged with stakeholders on previously. Furthermore, I can confirm that nothing in the regulations will prevent hauliers continuing to rent trailers either domestically or internationally. From our ongoing engagement with industry, we recognise that trailer rental is an important issue for many hauliers. Trailer rental provides hauliers with the valuable flexibility they need at short notice to deal with unforeseen spikes in demand or to cover the maintenance of their fleet. Such flexibility is therefore vital to the industry to continue to operate efficiently and I welcome the opportunity to speak further on the matter Trailer registration will be slightly different from that of motor vehicle registration as there will be no requirement for units used solely domestically to be registered, whereas for a motor vehicle this is not the case. We continue to seek to engage broadly around how this will be managed with the rental industry, the haulage companies and those who rent the vehicles As with motor vehicle rental the "keeper" of a registered trailer will remain the rental company; this keepership does not transfer for the period for which a trailer is rented out. Accordingly, the keeper of a trailer will be responsible for the registration of that trailer. Rental companies will have certain obligations as keepers, such as ensuring that the trailer’s details in the register are correct, but these will be within their control and proportionate. Where a user intends to use a trailer for an international journey, either to or through a country that has ratified the 1968 convention, they are responsible for ensuring that the trailer is appropriately registered. I agree entirely with the noble Baroness, Lady Randerson, that we need to make sure that the system is simple for people to use to ensure this. Rental trailer users will have additional obligations, such as ensuring that they are displaying the registration plate, as mentioned by my noble friend Lord Attlee. We believe that that is fair and proportionate, given that commercial operators will already be familiar with the registration scheme With no current domestic requirement for registration, clearly rental companies themselves should not be held liable for an operator’s independent use of an unregistered trailer abroad when the use of that same trailer on a road in the UK would be completely lawful. We will work with representatives of the rental industry to ensure that they understand the changes made under this Bill and in the subsequent regulations, and the necessary preparations that they must make to continue to rent trailers to be used internationally. This is necessary to ensure that rental companies remain able to service the needs of haulage companies operating both domestically and internationally The principle of the responsibility of the user to ensure that the trailer they are using for international journeys is registered will also apply in the case of trailer units being borrowed or informally shared between operators. The noble Baroness, Lady Randerson, correctly highlighted this as being regular practice in the industry. The noble Lord, Lord Whitty, has further proposed amendments to the fees and offences clauses in Part 2 of the Bill. I can confirm that the Bill in its current form contains the necessary powers to accommodate the renting of trailers and their usage in relation to the provisions of the Bill We will seek to consult further on trailer rental, which will help to inform our guidance as we make the regulations. We recognise that requiring the registration only of trailers being used internationally may create some practical complexity for rental companies and their customers, so we will work closely with the industry to try to minimise this. The proposals for the scheme have already been discussed with the British Vehicle Rental and Leasing Association and we will continue to engage with it on the matter in the coming months. That will be an important stage in ensuring that the sector understands the proposals made and may ensure that it adequately prepares for the regime ahead of its implementation I hope I have explained the Government’s intentions clearly. I absolutely agree that we need to clarify this further in the regulations; we intend to do so in detail in consultation with the industry. As I said, I am grateful for the opportunity to discuss this matter further but I hope the noble Lord, Lord Whitty, feels able not to press his amendment.