Brexit row as Labour aligns with EU on breathalysers for British cars
'This can add costs to the manufacturing process, which are liable to be passed onto GB consumers, so we're considering aligning with EU car safety regulations to keep car prices down.'
Unlike the animal health rules, the European Commission has not asked the UK to align on car safety, which is a purely British decision.
British and European law were identical, but in 2022, after the UK left the EU, Brussels introduced the General Safety Regulation 2 (GSR2), which means the rules have diverged.
From July last year, all new vehicles in the EU have had to be pre-installed with an interface allowing a breathalyser-based locking system to be connected to the car. This system stops the car working if the driver fails the breathalyser test.
The GSR2 also requires Event Data Recorders (EDRs) – similar to airplane black boxes – and Driver Drowsiness Warning (DDAW) in new vehicles.
DDAW uses technology to monitor drivers and alert them if they appear to be getting sleepy, while EDRs record data such as the speed travelled before an accident.
GSR2 rules already apply on all cars sold in Northern Ireland, which continues to follow many EU rules under the Brexit deal to prevent a hard Irish land border. Divergence risks making it more difficult for Northern Irish consumers to access the British car market, with fears it could push up costs if it continues for much longer.
The Government believes that aligning with the EU rules will protect the UK's internal market and mean Northern Irish drivers can keep buying from the mainland. It told The Telegraph all regulatory changes were assessed for their impact on safety and cost.
It has already changed British law to mirror Brussels' regulations on in-car e-call systems. The systems automatically contact emergency services if there is a serious accident.
There have also been moves to create the legal base for the installation of the breathalyser technology, but not yet to make it mandatory.
Even though the safety technology is not compulsory in Britain, many manufacturers install it already because their vehicles are destined for the EU market.
Mike Hawes, the chief executive of the Society of Motor Manufacturers and Traders said: 'With the heavily integrated nature of the UK and European automotive sectors, regulatory alignment supports efficient production, keeping costs down for consumers while retaining the widest possible model choice.'
Sam Lowe, a trade expert and partner at Flint Global, said: 'Ensuring you only need one type approval for the entire European market is a cost saver for anyone selling across all the different countries even if the UK for example had a distinct, better or more simple, regulation.
'The savings have to be pretty big to offset the cost of doing things twice and slightly differently.'
'Alignment by stealth'
However, industry sources and the Government said there was some evidence that manufacturers had begun making cars just for the British market, which is the second largest in Europe.
Brexiteers said that proved that divergence could work and accused the Government of 'alignment by stealth'.
Labour has used statutory instruments, a mechanism to update legislation, to mirror the EU changes to regulations already on British law books as a legacy of bloc membership.
Sir Iain Duncan Smith, a former Tory leader, said: 'They are sneaking this through because statutory instruments do not end up in debate. This is a game being played out where they keep incrementally moving back towards the European Union. This is their plan. This is not a one-off.'
Sir Iain said that aligning to typically more draconian EU rules would make cars more expensive and trade deals with car-producing countries, such as the US, harder.
'It screws up all your trade potential elsewhere. Your negotiating capacity is massively reduced,' he added. 'We lose all the competition, all the trade potential, and we lose control. Because now some faceless bureaucrats in Brussels run the UK, which is what we left the EU to stop.'
Mark Francois, the chairman of the Conservative European Research Group, added, 'This is still rule-taking from the EU, however you try and dress it up. Our car industry is already under massive pressure from Chinese dumping of electric vehicles on world markets, so something which stifles domestic innovation and adds to regulatory burdens hardly helps.'
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