From Dale Camsell, CEA Senior Technical Consultant
Dear CEA members
I wish to draw your attention to a consultation that has recently opened regarding a potential new UK law that could require the mandatory installation of immobilisers and the mandatory affixing of forensic marking to construction equipment sold into the market of England and Wales. Due to the potential implications if this Bill was to become law, CEA proposes to respond to the consultation, hence we are canvassing members for their thoughts and opinions on the matter.
Background and Status
Back in mid-2022, Greg Smith MP brought a Private Members’ Bill (PMB) to the House of Commons. The scope of the original proposal comprised only all-terrain vehicles (ATVs), e.g. quad bikes. However, as the Bill has progressed, more types of equipment are being drawn into its scope and although construction equipment is not initially being targeted, the Bill includes a provision that other types of equipment, which could possibly include construction machinery, could in future be included in this potential new law.
The Bill is relatively mature, having completed its progress through the House of Commons and has also passed the first and second readings in the House of Lords. Details of the Bill’s passage through the Commons and Lords can be found here and a copy of the Bill, as published on 6th March 2023, can be found here.
CEA liaison with other stakeholders
Since the Bill was first tabled, the CEA has been in close contact with its sponsor, Greg Smith MP, as well as Superintendent Andrew Huddleston of the National Rural Crime Unit. Superintendent Huddleston is the national policing lead for theft of construction and agricultural machinery and is therefore a key stakeholder in the development of the Bill. The CEA’s liaison with these key players has been in an advisory capacity to highlight the potential implications of the Bill should it become law.
CEA has also been in liaison with trade associations that represent other sectors. These include the Agricultural Engineers Association (AEA), the Construction Plant-hire Association (CPA), the Hire Association Europe (HAE), and the Portable Electric Tool Manufacturers Association (PETMA), since the members of all of these associations could be affected should the Bill become law. All are currently considering their position and are likely to respond to the consultation.
Call for Evidence
The progression of the Bill through the Westminster legislative process means that we are now at the stage where a public consultation is being held. A call for evidence has just been launched that seeks to obtain the views of stakeholders in various aspects of the Bill. Importantly it asks for views on the prospect of bringing additional equipment types, including construction equipment, into the scope of the legislation. The Bill, as currently drafted, has already been discussed in some detail during the two most recent meetings of the CEA’s General Technical Committee (GTC). The CEA feels that it is imperative that we provide a response to this call, hence we are canvassing the wider membership for their thoughts, views and opinions.
The consultation document can be found here. I have taken the liberty of highlighting, in the preamble, the areas of the Bill’s proposals that are of greatest consequence to CEA members, hence I draw your attention to these aspects. This introductory text is then followed by 18 questions, where your views are sought. However, Section B of the document covers hand-held power tools only, hence I do not propose that CEA provides an answer to question 7, which specifically asks about this type of product.
It would be greatly appreciated if you could review the consultation document, consider your responses, and provide your answers to me by 12th June. If you need any further explanation or clarification on any matter raised in the consultation, please don’t hesitate to send me an email and I’ll respond at my first opportunity. Of course, since this is a public consultation, you might also wish to submit an individual company response to the consultation.
As mentioned, I will be very happy to answer any queries you might have in this matter. In the meantime, I look forward to receiving your responses. When responding, please hit the “Forward” button and send your file to me at dale.camsell@thecea.org.uk. Please do not use the “Reply” button when responding to this message as I’m afraid that any attachment will, unfortunately, be lost.
