Direct Vision Standard and HGV Permit Scheme – Phase 2c

Consultation Report October 2019

Contents

Executive summary ...... 3 Summary of comments received ...... 3 Next steps ...... 6 1. About the proposals ...... 7 2. About the consultation ...... 8 3. About the respondents ...... 12 4. Summary of all consultation responses ...... 13 5. Next steps ...... 20 Appendix A – List of stakeholders consulted ...... 23 Appendix B – Consultation email and letter ...... 29

2 Executive summary

This document explains the processes, responses and outcomes of our consultation on our finalised proposals for the Direct Vision Scheme (DVS) and on changes to the Traffic Regulation Order (TRO) that would be used to implement the Scheme. The document also presents our responses to issues commonly raised during the consultation. A phased consultation approach has been taken at key stages in the development of the Scheme proposals: Phase 1 (January to April 2017) – we set out the case for HGV driver direct vision and consulted on the Mayor of London’s outline proposals to introduce a DVS for HGVs in London and the principles of the Standard itself. Phase 2a policy consultation (16 November to 24 January 2018) – we outlined how we set the proposed DVS star rating boundaries and the process by which different options for implementation were assessed and used to develop the preferred HGV safety permit scheme. Phase 2b – Further scheme proposals (8 January 2019 to 18 February 2019) – we consulted on further HGV Safety Permit Scheme proposals including the Permit application process, safe system requirements and enforcement of the Scheme. This recent consultation, Phase 2c, set out our final package of proposals following feedback received at Phase 2b. The consultation ran from the 26 April to 23 May 2019. Under the proposals, it would be unlawful to operate a HGV over 12 tonnes (unless exempt) in Greater London without a HGV Safety Permit issued under the Scheme. Permits would be free of charge and available electronically via an online permit application portal.

Summary of comments received A total of 25 responses to the Phase 2c consultation and statutory notice were received. They are overall in favour of the Scheme as presented. The main themes are highlighted below, with detailed analysis on pages 12 and 13. Four representations which could potentially amount to statutory objections to the Scheme and/ or Amendment Order were identified. Those respondents were contacted to seek clarity and they have confirmed in writing that their representations are not objections or, in one case, withdrawn their objection. Key positive comments included:

x I support improving safety for vulnerable road users x Increasing the use of direct vision and safety systems seems like a sensible approach x I think lorries should be made safer x I support these proposals. I think it is very important to ensure London is dominated by walking, cycling and public transport rather than by HGVs

3 x We welcome the introduction of the Direct Vision Standard applied from October 2020 as a first step towards making safer lorries the ‘norm’ in London

Below are the key negative comments received and our response to these points raised:

TfL is only focusing on vehicle safety We are committed to reducing road danger, by working in partnership with the police,

London boroughs and stakeholders to achieve the Vision Zero ambition of creating a road network free from death and serious injury by 2041. This includes the widespread introduction of lower speed limits, investing in safer junctions (representing a £54 million investment over the next five years), removing the most dangerous HGVs from London's roads and supporting boroughs to transform their roads with funding such as the multi-million pound Liveable Neighbourhoods scheme.

Safe System In developing the Scheme proposals, a Safe System Advisory Group was set up with - Suggest the audible alerts and representatives from pedestrian and cycling sensors are removed groups, industry trade associations, vehicle - Include repeater indicator lights manufacturers and government organisations to expand and inform the detail of the Safe System and the measures and the principles behind setting, testing and maintaining the system. This advisory group set out criteria that the safe system measures should be aligned with industry best-practice, readily available on the market place and not cost prohibitive. As repeater indicator lights do not meet the above criteria, we have not included them as a requirement for the 2020 safe system proposal. However, this is something we will review and consider during the 2022 progressive safe system consultation.

The requirements of the 2020 Safe System (including audible alerts and sensors) align with existing industry best practice and safety schemes, including FORS and CLOCS.

4 Concern hire and foreign vehicles will Ensuring a level playing field for all vehicle not be aware of the Scheme operators is of paramount importance to us, this includes ensuring that the scheme is adequately communicated to all operators, including hire and foreign based vehicles. We have been working with the British Vehicle Rental and Leasing Association to ensure that operators renting or leasing their vehicle are aware of the London HGV Safety Permit requirements.

Later this year we will launch our marketing awareness campaign for the Scheme which will provide information on how to comply and apply for a Permit. As well as a UK focused campaign, there will be a campaign focussing on informing non-UK based operators. The campaign will include a range of activities, including: • Publication of Scheme details on the Urban Access Regulations in Europe portal • Articles in European Freight media • Communication via European Freight Trade Associations and stakeholders • Marketing at prominent locations for non- UK HGVs, e.g. ports and Eurotunnel

Regulation should be set at While we would also like to see the DVS set national/international level at a European and National level within the regulations governing the design and safety

of HGVs, there is a particular problem in London with HGV and pedestrian and cyclist safety which is why we are taking action now. We are confident there are no other cities in the world working on a DVS for HGVs, but to further reduce the risk of competing standards, we have and will continue to involve manufacturers, the Department for Transport and the European Commission and the United Nations Economic Commission for Europe (UNECE) with the aim of influencing and aligning regulations.

5 Progressive Safe System – more In response to concerns from the freight certainty needed industry, we have committed to consulting on the progressive safe system in 2022, which is two years ahead of the planned strengthening of the HGV Safety Permit Scheme in 2024. Concerns over capacity in the hire For hire vehicles, either the lease company market for compliant vehicles or the hirer can request a DVS rating and apply for the HGV safety permit. We will continue to work with the British Vehicle Rental and Leasing Association to communicate the London HGV Safety Permit requirements to the hire and leasing industry.

Next steps The responses received were carefully considered by London Councils Transport and Environment Committee on 13 June 2019. The committee agreed to proceed to make the Amendment Order to implement the HGV Safety Permit Scheme.

6 1. About the proposals

1.1 Introduction In September 2016, the Mayor announced his intention to use the world's first Direct Vision Standard (DVS) for Heavy Goods Vehicles (HGVs) to improve the safety of all road users, particularly vulnerable road users, such as people walking, cycling and riding motorbikes.

The DVS forms part of the Mayor's Vision Zero approach to eliminating all deaths and serious injuries from London's roads by 2041. Using a star system, the DVS rates HGVs from zero (lowest) to five (highest) stars, based on how much a driver can see directly through their HGV cab windows.

1.2 Purpose Research shows that between 2015 and 2017, HGVs were disproportionately involved in fatal collisions with people cycling (63 per cent) and walking (25 per cent) on London’s streets, despite only making up four per cent of the miles driven in the Capital. Restrictions in the HGV driver’s field of vision, or ‘blind spots’, have been identified as a significant contributory factor in collisions, although other factors play their part.

1.3 Detailed description Our proposed Scheme would require HGVs over 12 tonnes to hold a Safety Permit to enter or operate in Greater London from 26 October 2020, unless exempt. Permits would be free of charge. They would be issued to vehicles meeting the minimum DVS star rating threshold: one star after 26 October 2020 and three stars from 26 October 2024. Vehicles not meeting the minimum star rating threshold, or which have not been rated under the DVS, would need to demonstrate the vehicle will be operated in compliance with a defined safe system to improve its overall safety in relation to people walking and cycling close to the vehicle. These vehicles would be issued Safety Permits with “safe system” conditions requiring the fitting of mitigation measures. The proposed safe system includes specific industry recognised mitigating measures such as sensors, camera systems and visual warnings. The safe system would evolve over time, and will be consulted on in 2022 in order to consider any advances in technology. Enforcement of the Scheme would be by Automatic Number Plate Recognition (ANPR) cameras whereby vehicles without a Safety Permit, would be issued a Penalty Charge Notice (PCN). There will be additional on-street and intelligence-lead enforcement. It is proposed that Safety Permit issuing would commence on a voluntary basis from October 2019 and enforcement of the Scheme by PCN will commence on 26 October 2020.

2. About the consultation

2.1 Purpose The objectives of the consultation were:

x To give stakeholders and the public easily-understandable information about the final scheme proposals and allow them to respond

x To present the proposed Statutory Traffic Regulation Order (TRO), the legal mechanism for enforcing the HGV Safety Permit Scheme

x To understand any issues that might affect the proposal of which we were not previously aware

x To understand concerns and objections

x To allow respondents to make suggestions 2.2 Potential outcomes The potential outcomes of the consultation were:

x Following careful consideration of the consultation responses, we decide to proceed with the scheme as set out in the consultation

x Following careful consideration of the consultation responses, we modify the proposals in response to issues raised and proceed with a revised scheme

x Following careful consideration of the consultation responses, we decide not to proceed with the scheme Our conclusion and next steps are set out in Chapter 4. 2.3 Consultation history A phased consultation approach has been taken at key stages of the development of the Scheme proposals: Phase 1 (January to April 2017) – we set out the case for HGV driver direct vision and consulted on the Mayor of London’s outline proposals to introduce a DVS for HGVs in London and the principles of the Standard itself. We have considered all of the responses and a full analysis can be found in the Consultation Report and the Responses to Issues Raised document. The responses showed that, in general, there is support for the principle of a DVS. Phase 2a policy consultation (16 November to 24 January 2018) - we outlined how we set the proposed DVS star rating boundaries and the process by which different options for implementation were assessed and used to develop the preferred HGV safety permit scheme. We considered all of the responses and a full analysis can be found in the Consultation Report and the Responses to Issues Raised document. The responses showed support for the proposed Permit Scheme approach. Phase 2b – Further scheme proposals (8 January 2019 to 18 February 2019) – we consulted on further HGV Safety Permit Scheme proposals including the Permit

8 application process, safe system requirements and enforcement of the Scheme. We considered all of the responses and a full analysis can be found in the Consultation Report and the Responses to Issues Raised. Feedback from this consultation showed overall support for the proposals. Listening to consultation feedback, we made some key change and updates to our proposals which were consulted on as part of this Phase 2c consultation:

x Safe System – we provided clearer guidance on the requirements for the safe system mitigating measures x Progressive Safe System – we committed to consulting on the progressive safe system in 2022 ahead of its introduction in October 2024 x Driver Training – we clarified that driver training, while highly recommended is not a mandatory requirement for obtaining a permit. A list of providers will be included on the permit application portal x HGV Safety Permit – Safety Permits would be issued automatically to HGVs that meet the minimum DVS star rating (one star in 2020) once the online application has been completed. During the pre-compliance year (October 2019 to October 2020) Safety Permits for HGVs not meeting the one star rating or un-rated, and so required to fit the safe system, will be issued within 28 days following approval of the safe system evidence pack. Once enforcement of the scheme begins in October 2020, the turn-around period would be shortened and a system put in place for expedited applications. Further details on this will be communicated later this year. We also provided details on the appeals process where a permit application is refused. x Enforcement – we provided further guidance on the enforcement process for the scheme x Appeals Process – we provided details on the appeals process regarding any PCN issued under the Scheme

Phase 2c – Final Scheme proposals and Statutory Traffic Regulation Order (TRO) consultation (this consultation) – this set out the final package of proposals for consultation, taking into account the feedback from Phase 2b. Full details can be found online at: tfl.gov.uk/direct-vision-standard 2.4 Who we consulted The consultation was open to all. Details of the scheme were available to view on our consultation portal at tfl.gov.uk/direct-vision-standard.

We also wrote to a number of stakeholders to directly to seek their views, including the London Boroughs and freight organisations. Please refer to Appendix A for a full stakeholder list and Appendix B for a copy of the stakeholder email and letter.

2.5 Dates and duration The consultation was open for four weeks, from the 26 April until the 23 May 2019. 2.6 What we asked We asked one open question: If you have any comments on the final proposals for the HGV Safety Permit Scheme please complete the short online survey below. If you wish to object to the Amendment Order please clearly specify your grounds for doing so.

9 We asked 13 monitoring questions about the respondents themselves – see list below: About you x What is your name? x What is your email address? x Please provide us with your postcode? x Are you (please tick all boxes that apply): A local resident; A local business owner; Employed locally; A visitor to the area; A commuter to the area; Not local but interested in the scheme; Other (please specify) x If responding on behalf of an organisation, business or campaign group, please provide us with the name: x How did you find out about this consultation? x What do you think about the quality of this consultation (for example, the information we have provided, any printed material you have received, any maps or plans, the website and questionnaire etc.)? Equality Monitoring x Gender: x Ethnic Group: x Age: x Sexual Orientation: x Religious faith: x Are your day-to-day activities limited because of a health problem or disability which has lasted, or is expected to last, at least 12 months? (Please include problems related to old age) No questions were mandatory. 2.7 Methods of responding People were invited to respond to the consultation using a variety of methods. They could respond via our online consultation questionnaire, by writing to our freepost address (FREEPOST TFL CONSULTATIONS) or by emailing [email protected].

2.8 Consultation materials and publicity The consultation information and questions were available on our consultation Website: tfl.gov.uk/direct-vision-standard. Paper copies were available on request by emailing [email protected], or writing to FREEPOST TfL consultations. Hardcopies were also made available at TfL and London Councils’ offices. A stakeholder email (see Appendix B) was sent to stakeholders and those who have previously responded.

10 Statutory consultee letters were also sent. See Appendix B for a version of this letter. A public notice of proposal/intent was published in the Evening Standard and London Gazette on Thursday 25 April 2019. Pre-consultation engagement meetings were held with the following stakeholder on the dates below: 10 April: Department for Transport 11 April: British Vehicle Rental and Leasing Association 11 April: Road Haulage Association 17 April: Freight Transport Association Ahead of the launch of the consultation, we sent emails to stakeholders including local authorities, manufacturers, freight organisations and road user groups. We also offered and held meetings and presentations to discuss the proposals in further detail.

At the launch of the consultation we also sent emails to a wider range of contacts, stakeholders and subscribers of our freight bulletin. Details of the proposals and a link to our online consultation portal were included in the email.

11 3. About the respondents

3.1 Number of respondents

Respondents Total Percentage Public responses 12 48% Stakeholder responses 13 52% Total 25 100%

3.2 How respondents heard about the consultation 19 out of 25 respondents answered this question

How respondents heard Total Percentage Received an email from TfL 11 58% Received a letter from TfL 1 5% Read about in the press 1 5% Saw it on the TfL website 4 21%

3.3 Methods of responding

Methods of responding Total Percentage Website 19 36% Email 6 24%

3.4 Respondent type

19 out of 25 respondents answered this question

Postcode Total Percentage A local resident 7 37% A local business owner 4 21% Employed locally 6 32% A visitor to the area 3 16% A commuter to the area 4 21% Not local but interested in the scheme 1 5% Other (please specify) 5 26%

12 4. Summary of all consultation responses

This section looks at the comments received by respondents. All 25 respondents provided comments on the scheme. Comments have been categorised into themes and are summarised in the table below for those where more than one respondent made the same comment:

Comment Stakeholder* Public Total Supportive/no objections 4 9 13 Safer for all people 1 2 3 Support Vision Zero 3 0 3 Against standards being set at a local level – should 3 0 3 be national/global Disappointed driver training not mandatory 2 0 2 Welcome commitment to consult on safe system in 2 0 2 2022 *includes businesses Please note that some respondents made more than one comment listed.

Just over half of the respondents stated that they were supportive or didn’t have any objections to the proposed DVS scheme. The following comments were made only once by either a member of the public or a stakeholder.

x Suggest a deferred timeline for safe system x Concern about lack of data regarding Euro V ratings x Need clarification regarding non-disclosure agreement and data sharing x Question direct vision validation and certification x Concern about safe system intro date and availability of guidelines x Welcome changes to in-cab monitor requirement x Ask for data gathered on progress of DVS standard to be shared x Agree with enforcement and appeals process x Pleased website will be in different languages x Welcome commitment to consult in 2022 on safe system x Believe safe system has potential to reduce blind-spot collisions x Cost of HGV collision is higher than cost of installing system x State lack of scheme benefits - project costs outweigh benefits x Safe system will create noise nuisance x Suggest use of repeater indicators for turning vehicle x Suggest safe system is for new vehicles only x Against requirement for audible alarms x Suggest support should be for development of technology solutions instead x Suggest focus is on vehicle compliance with current regulations x Suggest market research is undertaken regarding policy x Recommend that once vehicle is deemed compliant it should be for rest of life

13 x Concern over capacity in the hire market for compliant vehicles x Request more information on safe system timelines and next steps x Suggest that a physical record is provided for compliance with DVS x Suggest safety equipment is standardised x Safe system costs should be subsidised x Need to focus on mechanical and emission safety x Concern about driver being able to access all points of vision at all times x Technical services offered x Should be no exemptions x Cyclist behaviour is the problem x Wrong policy – should be driverless x Negatively impacts HGVs x Welcome removal of driver training x Concern hire and foreign vehicles will not be aware of the Scheme Four responses which could potentially amount to statutory objections to the Scheme and/ or Amendment Order were identified. Those respondents were contacted to seek clarity and they have confirmed in writing that their representations are not objections or, in one case, withdrawn their objection. A summary of stakeholder and business responses can be found below.

4.3 Summary of stakeholder and business responses This section provides summaries of the feedback we received from stakeholders and those who identified themselves as responding on behalf of a business. We sometimes have to condense detailed responses into brief summaries. The full stakeholder responses are always used for analysis purposes.

Trade bodies

Freight Transport Association (FTA) FTA say that they object in principle to the Amendment of The Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (to extend its scope from the London Lorry Control Scheme to include the HGV safety permit scheme) on the grounds they do not believe the introduction of a Direct Vision Standard and Safety Permit Scheme is the most effective way of improving road safety. However, if the scheme is to proceed, they do not have specific objections to the amended wording of the TRO.

FTA say they support the Mayor’s ‘Vision-Zero’ approach to fatalities and serious injuries on London’s roads. However, they are opposed in principle to vehicle design being set at a local level.

FTA calls on the Mayor to move away from a narrow focus on direct vision and a safe system which is backed up by inconclusive research and to focus in the short term on vehicle compliance with existing regulation and in the medium to long term on supporting industry and manufacturers in the development and adoption of technological solutions currently underway.

14 FTA suggests that TfL strongly considers only requiring new vehicles to comply with the HGV Safety Permit System in the first instance with a sensibly deferred timeline for existing vehicles. Operators are already procuring vehicles which will be on the road in 2020 and 2024 and have therefore already purchased cameras, sensors and other safety equipment in good faith without knowing either the star rating for the vehicle or the components that will be accepted as part of the safe system.

FTA suggests that the requirements for the fitment of audible alarms are removed from safe system requirement.

FTA are encouraged that many of our suggestions have been taken on board as the plans have progressed.

FTA and their members remain committed to working with TfL to drive forward the safety agenda. FTA calls for a clear, evidence-based road map that can deliver tangible improvements to safety as well as enable certainty for fleet procurement.

Road Haulage Association (RHA) The RHA says that it and its members are active supporters of road safety. The RHA say that existing road safety measures have improved the safety of HGV operations in London and that TfL are not dealing with the real cause of fatalities on London roads. x The RHA believes that vehicle standards should not be set locally – can undermine national regulation and be difficult and expensive to comply with x The RHA is in favour of improved safety standards x The RHA feel that TfL have largely ignored behavioural and infrastructure issues x The RHA believes that locally mandated vehicle standards are complex, expensive and result in often ineffective or inappropriate measures being introduced. x The RHA states that the project costs outweigh the benefits and should not be considered x The RHA note that drivers will only receive a PCN in the event of exceptional circumstances. x They say that the “safe system” requirement for audible warnings will create noise nuisance, because of the number of vehicles fitted with this type of warning device, other road users will become oblivious to the noise. x They suggest that repeater indicators in side marker / obligatory lights should be included as these are a visible means of warning other road users of the driver’s intention to turn.

15 SMMT

SMMT responded to say that they have no further comments to those already provided in our responses to the Phase 2a and 2b consultations.

Transport related interest groups

RoSPA RoSPA welcome the introduction of a direct vision scheme, as they believe it will create safer vehicles, safer urban environments and has the potential to make those walking, cycling and travelling by motorcycle in London feel safer. They say that having a direct vision scheme rating for HGVs will also inform purchasing and leasing options for the operator, allowing them to select vehicles that are more suitable for working in busy and built up environments.

They state that the updated proposals include clearer guidance on the requirements of the Safe System mitigating measures. They wish to note the emotional and financial costs of a HGV being involved in a collision with a pedestrian, cyclist or motorcyclist are much higher than the cost of installing safe system mitigating measures. They agree with safe system mitigating measure requirements, as it has the potential to reduce the number of close-proximity blind spot collisions and should a collision occur, measures such as under-run protection can minimise the probability and severity of under-run collisions with vulnerable road users. They believe the scheme could result in reduced road fatalities and serious injuries and increased levels of active travel such as walking and cycling as a result of people feeling safer on London’s roads.

They welcome the commitment to consult on the progressive safe system in 2022 ahead of its introduction in 2024 and are pleased that vehicles adhering to the progressive safe system will continue to be able to operate in London, as the life cycle of a truck is far longer than a conventional car.

They are disappointed that driver training will not be a mandatory requirement, as training encourages drivers to have the knowledge, skills and attitude to recognise, assess, manage and reduce the risks that their vehicle poses to vulnerable road users. However, they do recognise that this may not have been possible and enforceable in practice. They would still like to see operators asked to demonstrate their system or plan in place to train all drivers in vulnerable road user safety and the use and limitations of supplementary safety equipment when applying for a permit. RoSPA agree with the calls made by TfL for the Department for Transport to make safe urban driving a compulsory part of the Driver Certificate of Professional Competence.

RoSPA agrees that the process of applying for a permit for single or multiple vehicles has been clearly outlined in the consultation document. RoSPA say they are also pleased that the website can be translated for foreign operators, allowing vehicles from abroad to join the scheme. They state that support must be offered to foreign operators to allow them to complete the application form and be able to continue to operate in London if their vehicles are compliant with the scheme, or have safe system mitigating measures fitted. RoSPA agree with both the enforcement

16 approach that TfL propose to use and the appeals process, as it is not feasible for the Police to be expected to enforce the scheme.

LCC LCC considers the recently developed DVS, and the replacement of more hazardous vehicles with safer ones, to be a vital element of reducing road danger in London and also meeting the Mayor’s Vision Zero target of eliminating fatal and serious road collisions in London by 2041.

They would like the safety permit system to lead to the highest standard DVS vehicles becoming the standard type on London roads, in line with the commitment of Mayor Sadiq Khan to ‘the safest lorry types become (ing) the norm on London’s streets.’ They ask TfL to ensure, through regulation and enforcement, that any interim ‘mitigating measures’ for trucks that don’t currently meet the required star grading are of sufficiently high quality standard to reliably provide the visual and audio information drivers need to reduce road danger.

They note, and welcome, the recent progress made at European Union level on approving the new EU General Road Safety regulations that require the manufacture of heavy good vehicles with far improved direct vision as of 2023 (the deadline for new lorry models) and 2027 (the deadline for all new lorries). LCC strongly supports the Mayor’s initiative to ensure that the most dangerous lorries (those with the worst direct vision) are kept off London’s streets to protect both those walking and cycling.

They welcome the introduction of the Direct Vision Standard applied from October 2020 as a first step towards making safer lorries the ‘norm’ in London. They are disappointed that driver training, in line with the government – approved Safer Urban Driving module, is not part of the mandatory requirements under the safe systems scheme. They do however welcome the TfL commitment call on the Department for Transport “to make Safe Urban Driving a compulsory part of the Driver Certificate of Professional Competence”.

They note that some of their comments in response to the last consultation were not addressed in the Response to Issues Raised document. In particular they note that it would be useful if data was gathered on the progress of the DVS standard and shared where relevant. A list of comments from made by LCC in the last consultation were provided in an appendix.

Manufacturers

Volvo They ask for clarification around whether the guidelines for what is required from those investing in safety systems to meet the Safe System be clear by the October launch date.

They state that there is a large retrofit market that will require fitment for the mandatory day on 26th October 2020 and are concerned about supply issues approaching this date.

17 They ask the following questions regarding validation and certification for Direct Vision x How will the standard be implemented and overseen? x What organisation will be responsible for the standard and ratings compliance at the time of introduction? x What will the validation and compliance process entail? x What is the timing for this? x What is the process to certify star ratings for new models? Compiling the test report and registering this with the responsible organisation?

They ask for clarity regarding the status of the non-disclosure agreement and data sharing relating to how we transfer vehicle rating data to TfL.

They believe it is important for customers to have a physical record of their compliance with the DVS. They also believe that there would be value in having an on-vehicle ‘identifier’ for the scheme (as for FORS).

They ask whether there will be a minimum specification demand in place for the equipment required in the Safe System and suggests this should cover issues such as camera quality, monitor screen resolution and minimum viewing angles. They would expect that such a system would be compliant with any DVS Safe System specification and note these components are currently fitted post registration in compliance with current EC or UK legislation.

They say that care needs to be taken in communication of all elements of the Direct Vision Standard, ‘Safe Scheme’ and the HGV Safety Permit and state that there is already considerable confusion.

They ask for ore information on the Group Euro V star ratings.

Businesses

Royal Mail Royal Mail is concerned about the lack of specification detail available ahead of 2022. They are worried that they may, unknowingly, purchase non-compliant vehicles given the specification will not be known until this time. They say that any new equipment or technology proposed for the Progressive Safe System must be retrofittable to HGVs, industry recognised and readily available on the market at the time. They say the consultation in 2022 will leave a very small window to retrofit the required systems. They say they need as much lead in time as possible to make the required changes. As a result, they ask for more information on TfL’s timelines and next steps. They recommend the process is expedited and the specification details are published well in advance of 2022.

They are concerned that the market will not have the capacity and capability to meet the needs which will result from this policy change. They are also concerned that there is not sufficient capacity in the hire market to meet the needs as their vehicles will be off the road receiving their retrofitting. They recommend that TfL undertake relevant market research – or if already undertaken, publishes the results – to assess the retrofitting and hire market capacities before this new policy comes into

18 force. They also recommend that once the vehicle is deemed compliant, it should then be compliant for the remainder of its life and the V5 is updated accordingly.

UPS UPS say they are committed to Health and Safety and explain how they do this for their own employees and vehicles as well as other road users. They welcome the amendment made to the in-cab monitor requirements which has removed the need for the monitor/s to be positioned near the cab mirrors or window ledge. They also agree with the removal of the requirement for operators to detail their driving training plans when applying for the permit.

UPS say they support the Mayor’s aim to eradicate all deaths and serious injuries caused by road collisions by 2041. UPS also supports the response from the Freight Transport Association (FTA). They have some concerns and feel that safety standards should not be set purely at a city or even country level but should be set at an EU or international level. They say that if London implements bespoke safety measures, this will create a niche market for manufacturers and drive up prices for operators. With over 2,000 vehicles operating in the UK (and over 14,000 in Europe), they would support consistency of standards across the UK and Europe.

They welcome the confirmation that a further consultation will be carried out on the progressive safe system in 2022 but suggest a deferred timeline for the introduction of any changes to the system. They comment that vehicles they buy today will still be in service beyond 2024 and whilst equipment can be retrofitted, they say it is better for these to be stipulated from the beginning on new vehicles. They urge TfL to consider the progressive safe system and any new requirements to only apply to new vehicles purchased from 2024.

Middle Brook Transport Middle Brook Transport object to the whole scheme. They say it is another burden on hauliers and is because of poor cyclist behaviour.

T & J Waste Ltd T & J Waste Ltd say that safe system equipment should be standardised and subsidised as the cost varies greatly and most providers only know FORS. They state that outfitting 23 lorries is a significant expense. They ask whether hauliers currently registered with the London Lorry Control be granted a permit whilst undertaking a scheme that within a specified time frame all lorries on the fleet will be fitted with the safe system. They say this will allow the spreading of the cost and minimise downtime.

The Mineral Products Association The Mineral Products Association support the proposals set out in the consultation. They state that the proposals are broadly consistent with CLOCS requirements which are well understood in the construction industry and supply chains in London. They say that process for applying for permits are reasonable and proportionate.

Cadent Gas Ltd Cadent Gas Ltd stated that they have no objections.

19

Oracle Inventive Solutions Ltd Oracle Inventive Solutions Ltd say that they are launching a product that enhances the drivers Direct Vision and retrofits to the vast majority of vehicles. They state that they are working with the universities and TRL (Transport Research Lab) to assess and endorse. They ask TfL to pass on this information the appropriate person. They state they’ve interest from FORS, Clocs, RoSPA , RHA and FTA.

5. Next steps

The responses received were carefully considered by London Councils Transport and Environment Committee on 13 June 2019. The committee agreed to proceed to make the Amendment Order to implement the HGV Safety Permit Scheme. We intend to publish our full Response to Issues Raised document in summer 2019. Our response to some of the main issues raised can be found on pages 4 and 5 of this report.

We plan to make permits for the scheme available in October 2019 and begin enforcement of the scheme in October 2020.

20

22 Appendix A – List of stakeholders consulted

Elected Members Ian Duncan Smith MP Chingford and Woodford Green Andrew Rosindell MP Romford Andrew Slaughter MP Hammersmith Virendra Kumar Sharma MP Ealing, Southall Bob Blackman MP Harrow East Bob Stewart MP Beckenham Thomas Brake MP Carshalton and Wallington James Brokenshire MP Old Bexley and Sidcup Karen Buck MP Westminster North Diane Abbott MP Hackney North and Stoke Newington Chuka Umunna MP Streatham James Clappison MP Hertsmere Clive Efford MP Eltham Jeremy Corbyn MP Islington North Jon Cruddas MP Dagenham and Rainham David Gauke MP South West Hertfordshire Emily Thornberry MP Islington South and Finsbury David Evennett MP Bexleyheath and Crayford Michael Fallon MP Sevenoaks Mike Gapes MP Ilford South Barry Gardiner MP Brent North Gareth Johnson MP Dartford Sarah Jones MP Croydon Central Cheryl Gillan MP Chesham and Amersham Chris Grayling MP Epsom and Ewell Justine Greening MP Putney Mark Field MP Cities of London and Westminster Stephen Hammond MP Wimbledon Harriet Harman MP Camberwell and Peckham Margaret Hodge MBE Barking and Dagenham Heidi Alexander MP Lewisham Meg Hillier MP Hackney South and Shoreditch Kate Hoey MP Vauxhall Marsha de Cordova MP Battersea Jo Johnson MP Orpington John Cryer MP Leyton and Wanstead Kwasi Kwarteng MP Spelthorne David Lammy MP Tottenham Lyn Brown MP West Ham Fiona Mactaggart MP Slough Greg Hands MP Chelsea and Fulham Matthew Offord MP Hendon Mike Freer MP Golders Green Bob Neill MP Bromley and Chislehurst Eric Pickles MP Brentwood and Ongar

23 Richard Harrington MP Watford Rosena Allin-Khan MP Tooting Sam Gyimah MP East Surrey Grant Shapps MP Welwyn Hatfield Eleanor Laing MP Epping Forrest Stella Creasy MP Walthamstow Stephen Pound MP Ealing North Theresa Villiers MP Chipping Barnet Gareth Thomas MP Harrow West Stephen Timms MP East Ham Dominic Raab MP Esher and Walton Charles Walker MP Broxbourne Zac Goldsmith MP Richmond Park and North Kingston Steve Reed MP Croydon North Seema Malhotra MP Felton and Heston Dawn Butler MP Brent Tulip Siddiq MP Hampstead and Kilburn Keir Starmer MP Holborn and St Pancras Chris Philip MP Croydon South Rupa Huq MP Ealing Central and Acton Teresa Pearce MP Erith and Thamesmead Matthew Pennycook MP Greenwich and Woolwich John McDonnell MP Hayes and Harlington Ruth Cadbury MP Brentford and Isleworth Helen Hayes MP Dulwich and West Norwood Vicky Foxcroft MP Lewisham Depford Siobhain McDonagh MP Mitcham and Morden David Warburton MP Somerton and Frome Wes Streeting MP Ilford North Ed Davey MP Kingston and Surbiton Jim Dowd MP Lewisham West Dr Tania Mathias MP Twickenham Neil Coyle MP Bermondsey and South Southwark Paul Scully MP Sutton and Cheam Emma Dent Coade MP Kensington Nick Hurd MP Ruislip, Northwood and Pinner Joan Ryan MP Enfield North Bambos Charalambous Enfield Southgate Jim Fitzpatrick MP Poplar and Limehouse Boris Johnson MP Uxbridge and South Ruislip Catherine West MP Hornsey and Wood Green Kate Osanmor MP Edmonton Gareth Bacon AM Bexley and Bromley Jennette Arnold AM North East Len Duvall AM Greenwich and Lewisham Navin Shah AM Brent and Harrow Nicky Gavron AM Londonwide Tony Arbour AM South West Andrew Boff AM Londonwide

24 Tom Copley AM Londonwide Joanne McCartney AM Enfield and Haringey Onkar Sahota AM Ealing and Hillingdon Fiona Twycross AM Londonwide Shaun Bailey AM Londonwide Susan Hall AM Londonwide Sian Berry AM Londonwide Leonie Cooper AM Merton and Wandsworth Unmesh Desai AM City and East Tony Devenish AM West Central Florence Eshalomi AM Lambeth and Southwark David Kurten AM Londonwide Keith Prince AM Havering and Redbridge Caroline Russell AM Londonwide Peter Whittle AM Londonwide Steve O'Connell AM Croydon and Sutton Caroline Pidgeon AM Londonwide Andrew Dismore AM Barnet and Camden

Local Authorities London Borough of Barking and Dagenham London Borough of Barnet London Borough of Bexley London Borough of Brent London Borough of Bromley London Borough of Camden City of London London Borough of Croydon London Borough of Ealing London Borough of Enfield Royal Borough of Greenwich London Borough of Hackney London Borough of Hammersmith and Fulham Royal Borough of Kensington and Chelsea London Borough of Haringey London Borough of Harrow London Borough of Hillingdon London Borough of Hounslow London Borough of Islington London Borough of Richmond-Upon-Thames Royal Borough of Kingston-Upon-Thames London Borough of Lambeth London Borough of Lewisham London Borough of Merton London Borough of Newham London Borough of Redbridge London Borough of Southwark London Borough of Sutton London Borough of Tower Hamlets

25 London Borough of Waltham Forest London Borough of Wandsworth London Borough of Westminster

Police and Health Authorities Metropolitan Police London Fire and Emergency Authority London Fire Brigade

Transport Groups Action on Lorry Danger Association of British Drivers British Cycling Institute of Advance Motorists See Me Save Me Freight Best Practice South London Freight Quality Partnership RoadPeace The Association of Bikeability Schemes Central London Freight Quality Partnership Central London Freight Quality Partnership Motorcycle Industry Association Clapham Transport Users Group Living Streets London TravelWatch Cycling UK London Cycling Campaign Campaign for Better Transport Sustrans CTC Wheels for Wellbeing Disabled Motoring UK London City Airport Gatwick Airport London Luton Airport Stanstead Airport Transport Focus Motorcycle Action Group British Motorcycling Association AA Motoring Trust RAC Foundation for Motoring Association of Car Fleet Operators Port of London Authority Licenced Taxi Drivers Association Office of Rail Regulation Transport for Greater Manchester

26 Trade Associations Road Haulage Association Freight Transport Association Mineral Products Association Chartered Institute of Logistics and Transport Construction Products Association Engineering Employers Federation Institute of Civil Engineers

Vehicle Manufacturers Daimler AG Mercedes-Benz UK Ltd Volvo RosRoca Dennis Eagle Scania MAN Truck and Bus DAF Trucks Iveco Ltd Renault Trucks

Construction and operators Balfour Beatty Interserve Kier Group Morgan Sindall Amey UK Gallaford Try Laing O’Rouke Keller Bam Lsg Skanska Willmott Dixon Mace Costain Sir Robert McAlpine Wates Vinci UK J Murphy Lakeside 1

CLOCS Operator or contractor O’Donovan Waste Disposal Cemex FM Conway Tarmac

27 Travis Perkins Powerday SIG Day Group Speedy Services Keltbray L Lynch Plant Hire Erith Bam Nuttall Crossrail HS2 Mace Berkeley Homes Land Securities Brookfield Muliplex

Business Groups Confederation of British Industry Federation of Small Businesses North East Chamber of Commerce We Are Waterloo Garratt Business Park BID Victoria BID Vauxhall One BID Croydon BID Clapham BID London Riverside BID Paddington BID Canary Wharf Group Hainault Business Park BID E11 BID Hammersmith London Merton Chamber of Commerce In Streatham In Angel New West End Company Heart of London Business Alliance Ilford Town BID Kimpton Industrial Estate BID Team London Bridge Better Bankside Independent Shoreditch Fitzrovia Partnership Baker Street Quarter Partnership Ltd

28 Appendix B – Consultation email and letter

Consultation email

Dear Stakeholder

Phase 2b consultation report with our response to feedback and launch of phase 2c consultation

Between 8 January 2019 and 18 February 2019, we consulted on the final scheme proposals for our Heavy Goods Vehicle (HGV) Safety Permit scheme, including the permit application process, safe system requirements and enforcement of the scheme. This consultation was the third consultation on the Direct Vision Standard and the principles of an HGV Safety Permit.

We received 280 responses to the consultation, which included 47 responses from stakeholders. Thanks to all those who provided their views, they have helped us refine our scheme.

Overall, the responses were in favour of the proposals as presented. x 61 per cent of respondents either agreed or strongly agreed with our proposed process for obtaining a vehicle star rating. x 60 per cent of respondents either strongly agreed or agreed with our permit application process proposals. x 67 per cent of the total respondents either strongly agreed or agreed with our proposed safe system mitigating measures (including cameras and mirrors). x Our plans for how to enforce the scheme and deal with appeals were strongly agreed or agreed with by 57 per cent of respondents.

Following careful consideration of the consultation responses, we made some amendments to our proposals.

Key changes in response to the consultation include:

x Safe System – we have provided clearer guidance on the requirements for the safe system mitigating measures x Progressive Safe System – we have committed to consulting on the progressive safe system in 2022 ahead of its introduction in 2024 x Driver Training – we have clarified that driver training, while highly recommended is not a mandatory requirement for obtaining a permit. A list of training providers of will be included on the permit application portal x HGV Safety Permit – for HGVs that meet the minimum DVS star rating (one star in 2020) Permits will be issued automatically once the online application has been completed. During the pre-compliance year (October 2019 – October 2020) Permits for HGVs that are required to fit the safe system will be issued within 28 days following approval of the safe system evidence pack. Once enforcement of the scheme begins in October 2020, the turn-around period will be shortened and a system put in place for expedited applications. Further details on this will be communicated later this year. We have also provided details on the appeals process where a permit application is refused.

29 x Enforcement – we have provided further guidance on the enforcement process for the scheme x Appeals Process – we have provided details on the appeals process regarding any Penalty Charge Notice issued under the Scheme

A more detailed analysis of the results can be viewed in our consultation report. We have also published our responses to the main issues raised through this report in a separate ‘Response to Issues Raised’.

Our next steps and further consultation

It is proposed the Scheme is implemented by using an existing TRO in connection with the London Lorry Control Scheme (LLCS) operated by London Councils

We are now holding the fourth and final phase of consultation on this Scheme; the phase 2c statutory consultation on the final scheme proposals and the Traffic Regulation Order (TRO) used to implement the scheme.

This includes a statutory consultation on an order (the Amendment Order) to make the necessary changes to the 1985 TRO to accommodate the HGV Safety Permit Scheme alongside the LLCS. This will not in any way change the existing LLCS. If approved, the Permit Scheme will become mandatory from 26 October 2020 and will be enforced by PCN. Any objections to the Amendment Order, clearly specifying the grounds for objecting, must be made by Thursday 23 May 2019.

From Friday 26 April you can let us know your views online www.tfl.gov.uk/direct- vision-standard. You can also write to us at FREEPOST TFL CONSULTATIONS or by email to [email protected].

Subject to the successful application for the TRO we plan to make permits for the scheme available in October 2019 and begin enforcement of the scheme in October 2020.

Yours faithfully

Alex Williams Director of City Planning Transport for London

30 Consultation letter

The letter below and overleaf was sent on 17 April 2019 to the following consultees:

x HS2 Ltd x Mineral Products Association x Department for Transport x Freight Transport Association x Traffic Commissioner x Road Haulage Association x London Boroughs x 32 and the City of London x Chartered Institute of Logistics and Transport x City of London Police x The Society of Motor Manufacturers and Traders x Metropolitan Police x British Vehicle Rental and Leasing Association x Heathrow x Federation of Small Businesses x London Chamber of Commerce x Road Safety Groups

Dear Sir or Madam Consultation on London HGV Safety Permit Scheme and advance notice of the proposed Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (Amendment) Order 2019 – Regulation 6, Local Authorities Traffic Orders (Procedure) (England & Wales) Regulations 1996

I am writing to you about our fourth (Phase 2c) consultation on the proposed Heavy Goods Vehicles (HGV) Safety Permit Scheme (“the Scheme”), which will launch on 26 April 2019 and finish on 23 May 2019. The Phase 2c consultation will consult on the Scheme’s further policy proposals, which have been developed iteratively to date, and the proposed road traffic order to implement it. The key Scheme changes since the last consultation will be published at the same time via the Phase 2b Consultation Report and Response to Issues Raised documents.

London HGV Safety Permit Scheme The objective of the Safety Permit Scheme is to address London’s particular problem with collisions between HGVs and vulnerable road users such as pedestrians and cyclists by improving the safety of the HGVs coming into the Capital. The Scheme proposals, which were first announced by the Mayor of London in 2016, have been developed and shaped through on-going stakeholder engagement and three phases of consultation to date. The Scheme would require all HGVs over 12 tonnes to be issued with an HGV Safety Permit (“Permit”) in order to drive or be used on any road in Greater London after 26 October 2020. The appropriate minimum acceptable Direct Vision Standard (DVS) rating to operate a HGV over 12 tonnes in London, relating to the level of a

31 driver’s direct visibility from the cab and having regard to the potential dangers posed to people walking and cycling, is one star (from 26 October 2020) and three stars (from 26 October 2024). Permits will be granted on application at no charge in accordance with a proposed Policy Statement and Permit Conditions. HGVs not meeting the minimum star rating, or which are un-rated under the DVS, will be granted a Permit subject to “Safe System Conditions” that will require the fitting of additional safety equipment to the vehicle to minimise its potential danger to other road users. The Scheme will be implemented across Greater London using traffic regulation powers by means of amendments to the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (“1985 Traffic Order”). As a result, it would be unlawful (1) to operate a HGV over 12 tonnes in Greater London without a Permit from 26 October 2020 or (2) to breach permit conditions where they are imposed (including conditions imposing the Safe System where the minimum DVS requirement is not met). Further details are given in the Statement of Reasons enclosed. It is proposed that TfL will operate and administer the Scheme, including the issue of Permits and Scheme enforcement. Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (Amendment) Order 2019

The Phase 2c consultation includes a statutory consultation on the above Order (“the Amendment Order”). The Amendment Order is promoted by London Councils’ Transport and Environment Committee to make changes to 1985 Traffic Order to implement the Scheme on a mandatory basis in Greater London from 26 October 2020.

This letter constitutes advance notice to your organisation of the intention to begin the Phase 2c consultation and publish Statutory Notice of Proposals/ intent for the Amendment Order on 26 April 2019. A copy of the Statutory Notice and the Statement of Reasons for making the Amendment Order are enclosed.

Responding to the Phase 2C consultation The four week Phase 2c consultation will run from 26 April 2019 to 23 May 2019.

Consultation materials will be available online via the TfL Consultation Portal at consultations.tfl.gov.uk/. Materials will include the last Phase 2b Consultation report and Response to Issues Raised document along with the consultation document for Phase 2c (current consultation) and other relevant materials including copies of the Amendment Order, Notice of Proposals and a Statement of Reasons; the 1985 Order (original and as amended) and associated documents, including proposed Policy Statement and HGV Safety Permit Conditions referred to, together with a map indicating the location and effect of the Scheme. These documents will also be on deposit and may be inspected in hardcopy during normal office hours at: x TfL’s offices at Palestra, 197, Blackfriars Road, London SE1 8NJ or x London Councils’ offices at 59½ Southwark Street, London SE1 0AL

Preliminary arrangements are being made with the Planning Inspectorate to hold a public inquiry to start in the week commencing Monday 8 July 2019, in connection

32 with the Amendment Order and, if relevant objections to the Order (if any) are made. Further details of the potential inquiry will be made public in due course. Any objections to the Amendment Order and other representations regarding the Scheme must be made in writing via our online consultation portal, by writing to our freepost address (FREEPOST TFL CONSULTATIONS) or by emailing [email protected], to arrive before 23 May 2019. Any objections and/or representations made may be made public as part of the TRO process.

If you have any comments or concerns, please do not hesitate to contact Lucy Kosenko, Engagement Specialist, TfL on [email protected] or 020 7126 4308. Yours sincerely

Alex Williams

Director of City Planning Transport for London

33

London Councils - Transport and Environment Committee Road Traffic Regulation Act 1984 & Road Traffic Act 1988 The Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (Amendment) Order 2019 London HGV Safety Permit Scheme PUBLIC NOTICE OF PROPOSALS/ INTENT London Councils’ Transport and Environment Committee (“the Committee”) hereby gives notice that it intends to make the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (Amendment) Order 2019 (“the Amendment Order”) under section 6 of the Road Traffic Regulation Act 1984 (as amended). 1. The Committee has resolved to make the Amendment Order to amend the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (“the 1985 Order”) for the purpose of improving the safety of vulnerable road users through the implementation of the London Heavy Goods Vehicles (HGV) Safety Permit Scheme (“the Scheme”) in Greater London.

2. The Scheme would require all HGVs over 12 tonnes to be issued with an HGV Safety Permit (“Permit”) in order to drive or be used on any road in Greater London after 26 October 2020. Permits will be granted on application at no charge in accordance with a proposed Policy Statement and Permit Conditions. The appropriate minimum acceptable Direct Vision Standard (“DVS”) rating to operate a HGV over 12 tonnes in London, relating to the level of a driver’s direct visibility from the cab and having regard to the potential dangers posed to vulnerable road users, is one star (from 26 October 2020) and three star (from 26 October 2024). HGVs not meeting that minimum star rating, or which are un- rated under the DVS, will be granted a Permit subject to “Safe System Conditions” that will require the fitting of additional safety equipment to the vehicle to minimise its potential danger to other road users. Contraventions will be enforced by issuing civil penalty charge notices.

3. It is proposed that the requirements of the Scheme, implemented by the relevant amendments to the 1985 Order, will commence on 26 October 2020. All roads in Greater London (including GLA Roads and GLA Side Roads) will be affected.

4. Consultation materials describing the Scheme proposals will be available online via the TfL Consultation Portal at consultations.tfl.gov.uk . They will include a consultation document and other relevant materials including copies of the Amendment Order, Notice of Proposals and a |Statement of Reasons; the 1985 Order (original and as amended) and associated documents, including proposed Policy Statement and HGV Safety Permit Conditions referred to, together with a map indicating the location and effect of the Scheme. These documents will be on deposit and may be inspected in hardcopy during normal office hours at the offices of Transport for London and London Councils stated below. 5. All objections and other representations to the Amendment Order and/ or proposed Scheme must be made in writing and (in the case of objections to the

34 Amendment Order) must specify the grounds on which they are made. These may be sent via our online consultation portal, by writing to our freepost address (FREEPOST TFL CONSULTATIONS) or by emailing [email protected], to arrive before 23 May 2019. Objections and representations made may be communicated to other persons who may be affected.

6. Arrangement are being made with the Planning Inspectorate to hold a potential public inquiry in connection with the Amendment Order and Scheme if relevant objections to the Order (if any) are made, to start in the week commencing Monday 8 July 2019. Further details of the potential inquiry will be made public in due course.

Dated 25 April 2019

Alex Williams Spencer Palmer Director of City Planning Director, Transport & Mobility Transport for London London Councils Palestra 59½ Southwark Street, 197, Blackfriars Road London London SE1 0AL SE1 8NJ

35 Road Traffic Regulation Act 1984, section 6 The Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (Amendment) Order 2019 London HGV Safety Permit Scheme STATEMENT OF REASONS The London Councils’ Transport and Environment Committee (“the Committee”) has resolved to make an order entitled the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (Amendment Order) 2019 (“the Amendment Order”) amending the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (“the 1985 Order) for the purpose of improving the safety of vulnerable road users through the implementation of the London HGV Safety Permit Scheme (“the Scheme”). The Scheme, implemented by the 1985 Order as amended, will require all heavy goods vehicles (“HGVs”) over 12 tonnes to be issued with an HGV Safety Permit (“Permit”) in order to drive on any road in Greater London after 26 October 2020. Permits will be granted according to a rating system based on a Direct Vision Standard (“DVS”). The DVS has been developed in order to address the high number of collisions in London involving HGVs and vulnerable road users (predominantly pedestrians, cyclists and motorcyclists); it measures a driver’s direct view through the windows of an HGV cab. This is communicated as a star rating from zero (poor) to five (excellent) which indicates the level of risk to vulnerable road users near to the vehicle. The appropriate minimum acceptable DVS rating to operate a HGV over 12 tonnes in London, having regard to the potential dangers posed to vulnerable road users, is one star (from 26 October 2020) and three stars (from 26 October 2024). Permits will be granted for HGVs to which the 1985 Order applies on application. Vehicles not meeting the minimum DVS star rating (one star from 26 October 2020 and three stars from 28 October 2024) or which are un-rated under the DVS will be granted a Permit that is subject to the “Safe System Conditions”. Safe Systems Conditions will apply to HGVs not meeting the minimum one star rating, or are un-rated under the DVS, until 26 October 2024 will require the fitting of additional measures to increase the vehicle’s safety as regards vulnerable road users by: (i) the use of indirect vision equipment (cameras, mirrors and sensors), (ii) the use of warning measures (audible and pictorial) and (iii) the fitting of appropriate side under-run protection (where practicable, sideguards). Driver training is recommended and will be promoted, but will not be mandatory. The measures to be required by the Safe Systems Conditions that will apply to HGVs not meeting the minimum three star rating, or which are unrated under the DVS, after 26 October 2024 will form part of a review and further consultation in due course. Certain types of HGVs, such as emergency service vehicles and road sweepers, will be exempt from the need for a Permit and/or from certain of the Safe Systems Conditions by virtue of Article 4 of the 1985 Order and an exemptions policy. A policy statement has been published with the proposed Amendment Order. Applications for Permits will be free. Contraventions of the 1985 Order or of the conditions of a Permit will be enforced by issuing civil penalty charge notices.

36 The documents that are published with the Amendment Order are: - Consultation document on the final proposals for the London HGV Safety Permit Scheme (Phase 2c) - Draft policy statement, including exemptions policy, for granting HGV Safety Permits (combined with the policy for granting permits under the existing London Lorry Control Scheme); - Draft HGV Safety Permit conditions (standard conditions and Safe Systems Conditions); - Integrated Impact Assessment of the Phase 2c consultation proposals; - Draft guidance note to operators on the permitting process; - Draft enforcement policy; - Response to/feedback from the [phase 2b] consultation on the Scheme; - Map of roads affected by the amendments to the Order; - Copy of the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (Amendment Order) 2019; - Copy of the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 as if amended by the above; and - Copy of the Greater London (Restriction of Goods Vehicles) Traffic Order 1985 (as amended) without the changes made by the Amendment Order. The Committee promotes the Amendment Order making amendments to the 1985 Order in accordance with section 6(1) of the Road Traffic Regulation Act 1984 (“the 1984 Act”) having regard to the matters specified in section 122(2) of the 1984 Act and section 39(3) of the Road Traffic Act 1988. In particular, the DVS scheme is promoted to avoid danger to persons or other traffic using the roads in Greater London or for preventing the likelihood of such danger arising. London has a disproportionate problem with collisions between HGVs and vulnerable road users. The amendments to the 1985 Order will prevent or reduce the likelihood of accidents occurring where vehicles have a low degree of direct vision. Evidence indicates this factor has a material impact on the driver’s awareness of the presence of vulnerable road users and the reaction time available to avoid collisions. The Scheme will also contribute to the Mayor of London’s “Vision Zero” aim to eliminate deaths and serious injuries from London’s streets by 2041. The proposals have been the subject of three periods of pre-Order consultation: phase 1 (January-April 2017), phase 2a (November 2017-January 2018) and phase 2b (January-February 2019). In promoting the amendments to the 1985 Order and the associated documents, the Committee has had regard to the responses received. In particular, the Committee considers that the proposals are a proportionate way of addressing a serious issue that arises on London’s roads. The additional cost to drivers and businesses is anticipated to be low. The permitting process will be accessible, transparent and free to use. Overall, the DVS scheme will make London’s streets safer and more attractive places to be, including for cyclists and other vulnerable road users. London Councils Transport & Environment Committee Transport for London 25 April 2019

37