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Up and coming law with the HA
Page 40
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FUTURE LEGISLATION
DVLA fee proposals:The DVLA is considering revising fee structures to cover the costs of changes including the 10-yearly renewal of photocard licences, the removal of the paper counterpart and the redevelopment of vehicle systems and processes.
Road Safety Bill:This includes the introduction of: graduated fixed penalties for speeding; fixed penalties and a deposit scheme for offences such as overloading; tougher penalties for using a hand-held mobile phone while driving; new powers to seize and dispose of uninsured vehicles; new penalties to deal with dangerous and bad drivers; the piloting of motorway rest areas: better enforcement of drivers' hours rules; and a new offence of being the registered keeper of an uninsured vehicle (CM 19 January).
Third Driver Licence Directive: The EC is discussing revisions to European law as follows: standardising the photocard licence and allowing microchips; introducing limited administrative validity: harmonising the frequency of medicals; ending driver 'licence tourism' with a pan-European application process; progressive access to the most powerful motorcycles, trucks and buses; removing the flexibility of towing larger trailers on a car licence;andintroducingminimum requirements for the initial qualification and training of driving examiners (CM 14 July 2005).
EU drivers* hours: EC regulation 561/2006 implements changes from 11 April 2007 to the scope, exemptions and definitions of rules on rest and breaks. It also introduces further changes to the production of records at the roadside from 1 January 2008 (CM 27 July).
Corporate manslaughter: The government wishes to introduce a new offence to hold organisations to account for gross failings by their senior management that have had fatal consequences. As a corporate offence, it will not apply to individual directors or others. However, proceedings for manslaughter, or under health and safety law, will continue to be possible against individuals. The offence will not be applicable in the case of British companies that cause death abroad.
Age discrimination: Legislation comes into force on 1 October 2006 banning age discrimination when recruiting,promoting and training (CM 23 February). It also bans all retirement ages below 65 (unless justified), and removes the upper age limit for unfair dismissal and redundancy rights. In addition, all employers will be required to notify workers at least six months before retirement and to consider requests from employees to work beyond retirement age.
Red diesel: HM Revenue and Customs is expected to amend the list of vehicles that are permitted louse rebated fuel. Unlicensed vehicles not used on public roads will need to make a SORN (Statutory Off-Road Notification) declaration; the tractor/agricultural, limited road use and mobile crane categories will be reworded; and the road construction vehicle category will be removed. In addition, there will be two new categories: road surfacing vehicles and agricultural material handlers.
Speed limiters: European legislation is in force to introduce speed limiters (set to 56mph) to vehicles over 3.5 tonnes over a three-year period. This includes all new and most existing (diesel engine Euro-3, registered from 1 October 2001) vehicles. Those used on international journeys already have to comply, as do vehicles between 7.5 and 12 tonnes which were first registered on or after 1 January 2005. From 1 January 2007, Euro-3 diesel-engined