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CM has teamed up with Peter Sewell from the Freight Transport Association's legal team to highlight laws in the pipeline. He is unable to take telephone calls at CM's ( offices but written enquiries "".. will be passed on.
RECENT AND IMMINENT LEGISLATION
MOTs—The Motor Vehicles (Tests) Amendment) No2) Regulations 1995: Amends requirements for authorisation of examiners. Extends list of grounds for refusal to test. Extends list of items allowed free re-test. Increases fees as follows: Light motor vehicles (Class III) to £22.74; motor cars (Class IV) to £27.38; PCVs (Class V) to £34.18; light goods vehicles (Class VII) to £29.84. Came into force 9 October.
EU Type Approval—The Motor Vehicles (EC Type Approval) (Amendment) Regulations 1995: Amend regulations governing vehicle interior fittings, wipers and washers, wheel guards and mechanical couplings.
Type Approval—The Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1995: Amends type approval requirements for noise emissions.
M25—The M25 Motorway (Junctions 1015) (Variable Speed Limits) Regulations 1995: Introduces experimental variable speed limits between junctions with A3 and M4. Now in force.
Budget—Budget proposals now incorporated into Finance Act 1995: Concessions include reduction in proposed tax increases For recovery vehicles and vehicles used on Scottish Islands. "Six miles per week" VED exemption abolished with limited continuation for agricultural vehicles. Red diesel users unaffected except for "six miles per week" which is no longer permitted. Major rationalisation of tax classes. Came into force 1 July 1995.
Exhaust Emissions—The Road Vehicles (Construction and Use) (Amendments) (No 5) Regulations 1995: Reduces the smoke test limits for diesel-engined vehicles from 3.7K for turbocharged and 3.2K for naturally aspirated to 3.0K and 2.5K respectively. Came into force 25 September 1995.
Continuous 0-licensing—The Goods Vehicles Licensing of Operators) Act 1995 (Commencement and Transitional Provisions) Order 1995: On 1 January 1996 this will bring into force almost all the provisions of the 1995 Act, except those which relate to consignment notes.
Food—The Food Safety (General Food Hygiene) Regulations 1995 SI 1995 No1763: Implements most of Council Directive 93/43/EEC Covers temperature controls, drinking water and food production. Came into force 15 September 1995. The Food Safety (Temperature Control) Regulations 1995: SI 1995 No2200: Refers to the temperature of foods. Came into force 15 September 1995. The International Carriage of Perishable Foodstuffs (Amendment) Regulations 1995: Increases fees for examination of goods vehicles, railway wagons and containers carrying perishable foodstuffs on international journeys. Fees for testing and type approval are unchanged.
TAX CLASSES: Following changes to tax classes these regulations are now in force: The Road Vehicles (Construction and Use) (Amendment) ( No4) Regulations 1995 (SI No 1458): Continuing exemption From speed limiter requirements for vehicles previously exempt under the six miles per week rule.
The Goods Vehicles (Plating and Testing) (Amendment) Regulations 1995 (SI No 1456): Continues exemption from plating and testing requirements for six miles per week and road construction vehicles and tower wagons.
The Motor Vehicles (Tests) (Amendment) Regulations 1995 (SI No 1457): Continues annual test exemption for six miles per week vehicles.
The Motor Vehicles (Driving Licences) (Large Goods and Passenger Carrying Vehicles) (Amendment) (No 2) Regulations 1995: Confirms six miles per week exemption to LGV driver licensing.
The Vehicle Excise (Design Weight Certificate) Regulations 1995 (SI No 1455): Specify when and how a certificate showing vehicle design weight may be obtained when this is the revenue weight For VED purposes.
FUTURE LEGISLATION
UK
• Driver licensing: New measures include staged testing, a limit on car licence holders of 3.5 tonnes gross, theory part of driving test, and photocard driving licences. First consultation completed; draft regulations awaited. Changes due 1 July 1996. Current licence holders will retain all current entitlement except new higher eyesight standards for LGV and PCV drivers, which may be retrospective. • Bridge bashing: New DOT proposals to reduce bridge bashing; 1993 proposals drafted. Two-day notice proposal for vehicles over 4.88m high has been dropped. New proposals for automatic warning devices on power operated equipment.
• Special Waste Regulations: New UK Regulations on the transport of Special Waste to implement the EU Hazardous Waste Directive. Likely implementation January 1996.
• Weights & Dimensions: Proposals to increase weight limit of two-axle rigids from 17 tonnes to 18 tonnes and to increase width limit of non-refrigerated vehicles to 2.55m; under consultation.
• Seat belts: Government decision awaited on proposals to require fitment of lap belts in all minibuses and coaches used specifically for transporting children up to 16.
• Emissions tests: The new Environment Act does not contain proposals to allow officials other than uniformed police officers to stop vehicles for emissions tests. London boroughs are still seeking permission for borough officials to stop vehicles for such tests. The ETA, RHA, RAC and AA have jointly petitioned against this move.
• 0-licence exemptions: Proposals to amend exemptions to 0-licensing, plating and testing; under consultation.
• VED Evasion: VED evasion proposals to introduce wheel clomping for VED evasion; under consultation.
• ADR: HSE consultation document on the new ADR-aligned carriage of dangerous goods by road regulations is expected by the end of November. Implementation of new rules planned for 1 June 1996 with a transitional period to November 1997.
EU
• Animal Transport: Considering proposals for implementing directives on travelling time, feeding/watering requirements and vehicle construction standards.
• Second generation tachographs: Amending regulation providing for full electronic alternative or smart card add-on to existing equipment; now adopted by EC as a formal proposal. Under consultation but little progress at EU level.