KNOW T AW
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By Les Oldridge, T.Eng (CEO, M I M I, AM I RTE
IN THE last article in this series I listed the laws dealing with the running of all goods vehicles. Now we come to the legislation dealing with specialised transport operations. Generally the title of the regulations gives a clear indication of their purpose and I have not attempted, in most cases, to summarise their contents. The laws are as follows:
(1) The Weights and Measures Act 1963. When carrying sand, gravel, shingle, chippings and similar materials for delivery to a buyer, the person in charge of the vehicle must carry a document, signed by the seller, stating his name and address and that of the buyer, plus details of the load, including weight or volume, and place, date and time of loading. Special documentation is also required when loads consisting of solid fuel, ready mixed concrete or cement are carried.
(2) The Deposit of Poisonous Waste Act 1972 (3) The Food Hygiene (General) Regulations 1970 (SI 1970 No 1172) (4) The Food Hygiene (Market, Stalls and Delivery Vehicles) Regulations 1966 (SI 1966 No 791 and 1487) (5) The Food Hygiene (Docks, Carriers, Etc) Regulations 1960 (SI 1960 No 1602) (6) The Radioactive Substances Act 1948 (7) Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974 (SI 1974 No 1735) (8) Radioactive Substances (Road Transport Workers) (Great Britain) Regulations 1970 (SI 1970 No 1827) (9) The Petroleum (Consolidation) Act 1928 (10) The Petroleum Spirit (Conveyance by Road) Regulations 1957 (No 191) (11) The Petroleum (Compressed Gases) Order 1930 (SR and 0 1930 No 34) (12) The Petroleum (Carbon Disulphide) Orders 1958 and 1968 (13) Gas Cylinders (Conveyance) Regulations 1931 and 1959 (14) The Petroleum (Inflammable Liquids) Order 1971 (SI 1971 No 1040) (15) The Inflammable Substances (Conveyance by Road) (Labelling) Regulations 1971 (16) The Corrosive Substances (Conveyance by Road) Regulations 1971 (SI 1971 No 618) (17) The Organic Peroxides (Conveyance by Road) Regulations 1973 (SI 1973 No 2221) (18) The Transit of Animals Order 1927 (SR and 0 1927 No 289) (19) Transit of Calves Order 1963 (SI 1963, No 1228) (20) Regulation of Movement of Swine Order 1959 (SI 1959 No 1029) (21) The Movement and Sale of Pigs Order 1975 (SI 1975 No 203) (22) Transit of Animals Order 1951 (SI 1951 No 335) Militant trade unionism and a government in office sympathetic to the trade union movement has produced a crop of laws dealing with industrial relations_ These laws have produced many difficulties for employers. In some cases hauliers have closed their business rather than be bothered with the onerous requirements of the new laws.
The laws with which fleet operators are likely to be concerned are as follows:
(1) The Contract of Employment Act 1972. This Act lays down minimum periods of notice for employers and employees on termination of services. It requires that employees receive a written contract of employment within 13 weeks of starting work with the company.
(2) The Redundancy Payments Acts 1965 and 1969. The Act requires an employer to make lump sum compensatory payments to employees who are dismissed because of redundancy after 104 weeks service with the company since the age of 18 years.
(3) The Trade Union and Labour Relations Act 1974. Under the provisions of this Act, employees have the right not to be dismissed unfairly. It enables an employee who thinks he has been
unfairly dismissed to seek a remedy complaining to an industrial tribunal.
(4) The Employment Protection A 1075. This Act set up the Advisory, Co ciliation and Arbitration Service (ACAS) ( a statutory basis. Employers are r quired to disclose information to t[ representative of recognised trade unions which it would be gol industrial relations to disclose. The information must be request, for collective bargaining purposes. Under the Act employees mt_ be given itemised pay statements with their wage packets.
An employee absent from work because of pregnancy confinement is entitled to maternity pay and to return to work aft the birth of her child. Employees are entitled to time off work, wi pay, to carry out trade union duties and to time off, without pay, f various public duties, eg, as a Justice of the Peace. Employers E required to consult trade unions over proposed redundancie Employees who lose pay because of short-time working or lay-oi are entitled to guaranteed payments for a limited period.
(5) Race Relations Act 1968, Sex Discrimination Act 197 These Acts make it illegal to publish an advertisement indicating ; intention to discriminate on the ground of colour, race or sex or discriminate against him for any similar reason.
(6) The Health and Safety At Work Act 1974. The new le cancerning safety and health at work is contained in this Act. It is ; -enablingAct under which the Secretary of State can ma regulations on the advice of the Health and Safety Commission ov a wide range of industrial and commercial activities. The A places a general duty on employers to ensure, so far as is reasonat practicable, the health, safety and welfare of all his employees.
Plants and systems of work must be safe and without risk health. Information, instruction, training and supervision on safe matters must be provided. Employers must also conduct the business in such a way that persons not in their employment, w[ may be affected, are not exposed to risk to their health or safety. written statement of the employer's general policy with respect health and safety at work must be provided and brought to tt notice of employees.
(7) The Factories Act 1961 and the Offices, Shops au Railway Premises Act 1963 still remain in force. These Acts ,ma provisions for the health, welfare and safety of all employees and I down rules concerning the employment of women and youi persons. (It is noticeable that in spite of the Sex Discrimination A discussed earlier, women are protected from working excessi hours, while there is no comparable law for men.) (8) The Asbestos Regulations 1969 set out the precautio which must be taken when handling asbestos dust such as present in clutch and brake linings.
(9) The Abrasive Wheels Regulations 1970 lay down t rules for the fitting and use of abrasive wheels.
(10) Employers' Liability (Compulsory Insurance) A 1969). This Act requires employers to take out insurance polici against liability for bodily injury or disease sustained by thi employees in the course of their employment. The policy must I for £.2 million and an insurance certificate must be displayed at ti place of business where it can be easily seen and read I employees.
Although the list of laws I have made in this and the previa article is a long one, I do not pretend it is exhaustive. For exampli have not dealt with company law or that appertaining to VAT Income Tax.