The Conservatibve administration has finally forced through at the third attempt the controversial Rapid Transport Route through back gardens in Newbridge.

This costly two lane highway for one bus every 15 minutes or so will not solve congestion problems and will cause considerable environmental damage. The Liberal Democrats are continuing to challenge this decision. The BRT is now subject to an Article 14 declaration, which means that Secretary of State John Denham will decide whether or not to call for a public inquiry into the scheme.

Council officers were even phoning around to businesses and others trying to whip up some support for the scheme.  And it is not that there are not alternatives available. The Conservative administration has simply refused to consider the Liberal Democrat alternative based on work to improve the Lower Bristol Road, such as the widening that has been promised for years.  This would actually help to reduce congestion in Bath.

And with the much welcomed announcement to electrify the London Bristol rail line now is surely thentime to refurbish and renew stations at Corsham, Box and Bathampton and get people onto rail and ride solutions from their local stations.

I was notified of a website that seemed to indicate that small independent garages would be under threat from European Legislation.

So I wrote the following to Graham Watson MEP ( What a pity he was not joined by Kay Barnard in June).

Graham

Please have a look at this web site  http://www.r2rc.co.uk/home/content/view/27/97/

many thanks
Paul

and got this reply back which is good news for small independent garages.

Dear Paul,

Thank you for your email of 25 July regarding the Block Exemption for Motor Vehicles (EU Regulation 1400/2002).

I should say in the first instance that in no way is the EU forcing independent garages to close through any removal of the above in 2010. An evaluation report recently adopted by the European Commission on the block exemption concluded that conditions for competition have improved in recent years on the markets for both new cars and repair and maintenance.

Independent repairers now have better access to technical information; and in fact this has been supported by EU legal enforcement in this regard.  In 2007, the European Commission adopted four decisions that legally bound Daimler Chrysler, Toyota , General Motors and Fiat to commitments to provide technical information about car repairs to all independent garages in the EU.

These commitments were sought precisely because of concerns that inadequate access to the full range of technical information could drive independent repairers from the market and that the agreements between the carmakers and their authorised repairers would therefore infringe European Union treaty rules on restrictive business practices.

The report concludes that the general framework of the block exemption has had positive effects overall, and that provisions such as those obliging manufacturers to give independent repairers access to technical information have been effective.  These provisions will in the future be superseded by rules in other EU policy areas, not least by a Regulation on vehicle emissions (0715/2007) which is spearheaded by government departments and ministers from EU governments including our own.    Although these are all positive signals, I appreciate the concerns that people have, having met with many local garage owners at a recent forum. I can also understand that some of the Commission’s communications on this matter have not always been as clear as they could have been. Consequently, I wrote to the Commission in May in order to gain assurances that whatever changes are made to MVBER, independent garages would still enjoy the same level of protection as before. I have since received a reply, and attach copies for your perusal. 

The response puts on the Parliamentary record the Commission’s commitment to ensuring that there is a level playing field when it comes to ensuring free access to tools, information and authorised repair networks. This clarification leaves little doubt that whatever changes are made to MVBER, the Commission will retain the power to protect independent garages and consumers as before.

Nonetheless, you can rest assured I shall continue to monitor the situation and endeavour to seek the best solution for small businesses and consumers.

Yours sincerely,Graham Watson MEP
Liberal Democrat Member of the European Parliament for South West England and Gibraltar

Parliamentary Question by Graham Watson (ALDE) to the Commission 19 May 2009 on Motor Vehicle Block Exemption Regulations

The European Commission is currently in the process of reformulating Regulation (EC) No 1400/2002 concerning Motor Vehicle Distribution and Servicing (MVBER).The Commission’s evaluation report concludes that although competition in the automotive industry has been stimulated to a degree, many provisions in the Block Exemption Regulations have proven ineffective, irrelevant or sometimes even counterproductive.

There lies an implicit message in Commission communications that many of the measures in MVBER will be scrapped, but that the overall goal of improving competition in the sector will be served by a patchwork of other legislation. Can the Commission therefore confirm that this will continue to provide the immediate and effective protection independent after-market operators require?

In the UK , there are more independent repairers than franchised dealers and they often charge half the hourly rate of franchised dealers, offering a local and affordable service. This not only provides a valuable service to consumers and the environment, but also accounts for thousands of jobs. Can the Commission confirm that whatever changes are made to MVBER, there will be clear legal protection for independent garages and repairers to access the tools, parts and information that they need to conduct repairs?

Answer given by Commissioner Kroes on behalf of the European Commission on 23 June [E-3664/2009]

The Commission would agree with the Honourable Member that independent garages provide motorists with a valuable, and often cheaper, alternative to the authorised networks, and that they also provide employment to large numbers of European citizens. As regards the ongoing review of Regulation 1400/2002 ^[1], any future competition framework for the motor vehicle sector must clearly ensure that the Commission can act when barriers are put in the way of independent repairers accessing tools, parts, and technical information.

One of the questions being analysed as part of the review of Regulation 1400/2002, in the light of the positive and negative impacts of the regulation identified in the Commission’s Evaluation Report of May 2008^[2] is what is the most effective means of ensuring a level playing field between authorised and independent repairers, to the benefit of the European consumer.

The Commission’s determination to ensure that competition is not impeded to the detriment of independent repairers and consumers can be gauged by the formal decisions that it adopted in four cases in 2007 (Daimler Benz, Fiat, GM and Toyota)^[3], with a view to ensuring that independent repairers have access to technical information. The Commission would like to assure the Honourable Member that any future competition framework replacing Regulation 1400/2002 will not affect the Commission’s ability or indeed willingness to take similarly robust action in the future.

^[1] Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector, OJ L 203, 1.8.2002.

^[2] See http://ec.europa.eu/competition/sectors/motor_vehicles/documents/evaluation_report_en.pdf

^[3] See press release IP/07/1332 of 14/09/2007

The fallout from the way the Conservative administration is handling its transport plans continues to gather pace. This afternoon I was talking with angry residents from Batheaston. This outrage and feeling of being cheated by the Conservative administration on this issue is not going to dissipate. The Conservatives may well say the whole Government package is at risk. Maybe it is and maybe it isn’t. What is clear is that residents want the proposals shelved and a fresh look taken at the issues and possibilities.

Our latest Press release on the subject

Lib Dems seek solutions to BRT chaos

Councillor Gerry Curran (Twerton) who is the Lib Dem lead on planning, has said that the situation following last week’s second Bath Transport Package planning committee is one of chaos and confusion and is trying to persuade the Council Leadership to agree to bring an alternative scheme to the next planning committee.

Councillor Curran said: “As things stand, the Conservative Leadership of B&NES Council is failing to take action, leaving a chaotic and confused situation. The planning application for the Newbridge Park & Ride and the bus rapid transit route has been deferred for the second time; it will come back a third time in August or September, but I can’t really see the point if the proposals are going to be the same. I have requested an urgent meeting with the Chief Executive and Leader of the Council to try and come up with a workable and acceptable solution. We certainly don’t want to lose the Package as a whole, but I believe it is time for the Council Leadership to shift their position. At the last planning committee meeting Councillors from all political Groups on the committee asked for the two elements of the planning application to be separated. My proposal is that we should drop the BRT segregated route in favour of a bus lane from the Golden Fleece on the Lower Bristol Road to Windsor Bridge combined with extensive works to the two junctions at either end of the bridge. Some of the money which would have been spent on the BRT should be put into the Western Riverside transport corridor, which might help kick start that whole project, while also bringing forward part of the transport package. I think this is a good argument to make to the government in the current economic climate. Finally, we should look again at the proposal for a park and ride on the other side of the river at Newbridge – it may now provide a better alternative.”

Councillor Curran has also asked for transparency about the legal advice given to Councillor Lees at the first planning committee on 20^th May when he was advised he could remain in the room, despite having been substituted, but then later may have been advised to leave.

Local Councillor Sharon Ball (Westmoreland) said: “As local ward Councillor for Westmoreland, which includes part of the Lower Bristol Road, I would welcome the park and ride buses travelling along the Lower Bristol Road, with the planned bus stops, which would enable my residents and Twerton residents to make use of the service.”

Local Councillor Caroline Roberts (Newbridge) added: “Residents are rightly angry at what they see as a betrayal of democracy over the way this application was handled and the TV interview with the chamber of commerce merely added insult to injury. This road is unnecessary, will not deliver the reduction on congestion and is simply not worth the pain and cost to enable commuters to get into work two minutes quicker.”