London HGV safety gear proposals released

Transport for London (TfL) and London Councils, the body which represents the 32 London boroughs and the City of London Corporation, have released the latest draft of proposals which would prohibit HGVs from driving in the capital if they are not fitted with specified safety equipment by the summer of 2015.

The Safer Lorries Scheme (SLS) proposals, which are now out to consultation until 22 September, would require almost all HGVs over 3.5 tonnes to be fitted or retrofitted both with side guards and extended-view mirrors – specifically Class V (side close-proximity mirrors) and Class VI (front-projection mirrors).

National law already requires most HGVs to be fitted with extended-view mirrors and side guards, so the changes will mostly affect specific types of vehicle currently subject to exemptions.

Said TfL: “The vehicles most likely to be affected by the scheme (i.e. those currently exempt from the side guard regulations) are construction vehicles such as tipper trucks, refuse disposal vehicles, skip carriers and cement mixers.

“Those HGVs registered between before 2000 without Class V mirrors and between 2000 and 2007 without both Classes V and VI mirrors will also be affected.”

Based on a feasibility study, TfL suggested that between 2,500 and 7,500 vehicles would be required to fit side guards under the SLS, and that between 9,500 and 18,500 vehicles would need to fit extended-view mirrors.

TfL estimates that the proposed ban could save between three and seven cyclist and pedestrian lives over five years. Between one and five serious casualties would also be prevented, it said.

Limited exemptions would apply under the scheme as currently proposed, in line with the new national Individual Vehicle Approval (IVA) rules set to come into force in October.

In particular, vehicles will be exempted from the extended-view mirror requirements if the mirrors cannot be mounted “with no part of the mirror being less than two metres from the ground.”

Such vehicles include the Isuzu N Series (any Isuzu up to 7,500kg); Iveco Daily; Johnston Sweepers 5000 series; Mercedes Chassis Cab Vario with two wheel drive and all Sprinters; Mitsubishi Fuso Canter; Nissan Cabstar; Renault Mascott and Maxity; and Volkswagen LT and Crafter.

There will likely only be an extremely small number of vehicles operating in the capital which will be exempt from the side guard requirements.

The ban is proposed to operate within the same area as the London Low Emission Zone (LEZ), which is broadly coterminous with the Greater London administrative boundary. It would apply to all roads except motorways within the area, and operate 24 hours a day, seven days a week.

London Heathrow Airport, which falls within Greater London in the borough of Hillingdon but has its own traffic authority distinct from TfL and the borough, may also be included within the scheme subject to the outcome of the consultation.

The regulations “may be enforced using criminal enforcement,” TfL said, “with a £50 fixed penalty notice. The traffic commissioner will be informed of all offences.”

“When enforcement is carried out through the criminal process then it is likely that targeted enforcement around construction sites by the Industrial HGV Task Force (IHTF) would be the main way that enforcement is undertaken,” the authority added.

Additionally, consultation responses will help inform: ”whether there is support for a future change to the approach to scheme enforcement. Civil enforcement [via civil enforcement officers and CCTV] could be considered, subject to discussions with the DfT, and a penalty charge notice set at £130 issued as a moving traffic contravention [reduced to £65 if paid within 14 days].”

The authority added that vehicles currently exempt from national legislation for minimum safety equipment could be retrofitted to comply with the SLS.

“A close proximity mirror costs around £300 and side guards around £500, including installation,” it said.

“Side guards and mirrors can be retrofitted on vehicles at most HGV service garages. Getting side guards fitted and extended-view mirrors can usually be done within one day, but appointments in service garages may need to be booked.”

Meanwhile new SLS signage, similar to that deployed for the LEZ, would be developed to inform road users entering the zone that the scheme was in force.

From October 2014 all new HGVs nationally, including construction vehicles (with very limited exemptions) will also be required to have side guards under new Type Approval rules.

The Freight Transport Association (FTA) has welcomed changes to the SLS proposals which it said had improved the design of the scheme, but added that “blanket regulations of this type have their limitations and that other approaches would have better results in improving cyclist safety.”

Christopher Snelling, head of urban logistics policy for FTA, added: “Good progress has been made since the concept was announced last September.  We have moved away from a £200 a day charging scheme and now some of the necessary exemptions have been incorporated in to the SLS proposals.”

The association welcomed some specific exemptions for vehicles not suited to the equipment in question.

“For example some smaller vehicles are not able to fit the mirrors suggested, as at that height they would be against the law due to danger to pedestrians.”

But it said further concessions were required to bring the SLS in line with current UK and EU vehicle new build requirements.

“The current proposals still have the potential to disrupt important traffic that is not highly represented in cyclist fatalities, such as container movements,” it said.

“The best use of Transport for London’s time and money as regards HGVs would be to maintain a higher level of enforcement against poor quality operators who break the existing laws, and FTA will again recommend that approach to TfL in its response.”

Snelling added: “We are always concerned about new regulatory instruments being created, their compliance and enforcement costs, and how politicians might decide to change or extend these powers in the future.  Safety on the roads is a complex issue and politicians often reach for the simplistic solution.

“There is no one magic solution to safety on our roads.  Unless everyone involved takes intelligent action, the problem will not improve as much as we all want.”

The Mayor of London, Boris Johnson, said: “I have long been worried that a large number of cyclist deaths involve a relatively small number of problem lorries which are not fitted with safety equipment. My Safer Lorries Scheme would see those lorries effectively banned from our streets and the lives of thousands of cyclists and pedestrians would be much safer as a result.

“Vehicles that would be affected by this scheme can easily be retrofitted to comply and doing so will save lives. Companies such as Sainsbury’s and O’Donovan [Waste Disposal] are already leading the way when it comes to cyclist safety and I urge others to follow suit.”

London’s transport commissioner, Sir Peter Hendy CBE, added: “The proposed Safer Lorries Scheme is a further demonstration of how London is working with the freight industry to drive up safety standards. Many vehicles in London will already comply with this scheme, but by forcing the dangerous minority to follow suit, we can ensure that everyone is doing what they can to help make our roads as safe as possible.”   ‪

Operators wishing to contribute to the consultation can do so here.