FUTURE LEGISLATION
Page 22
If you've noticed an error in this article please click here to report it so we can fix it.
Forthcoming changes in the law brought to you by the Freight Transport Association Financial standing rates The set figures for standard operator licence holders to have available to satisfy financial standing will be reset annually, beginning with a change on 1 January 2012. The revised rates from 1 January 2012 are £7,700 for the first vehicle and £4,200 for each additional vehicle, which is a reduction from the current amounts (£8,100 and £4,500) for standard licence holders. Rates for restricted licences remain unchanged at £3,100 for the first vehicle and £1,700 for each additional vehicle.
Digital tachograph changes The second phase of changes due October 2012 to the specification (first phase in October 2011) looks to increase security. To detect tampering, information from an independent motion sensor will be checked against the vehicle unit and any discrepancies will be logged and reported as motion conflict events. Mandatory upgrade or retrofitment is not required.
Vehicle test changes The items inspected at annual test are being reviewed, driven by a change in European law. Extra items will be included, such as airbags, main-beam tell-tale and EBS. The Department for Transport and VOSA are engaging with industry to find the best ways of meeting the new requirements while minimising the impact on the annual test. HGV, PSV and MoT (car and light commercial vehicle) testing schemes and inspection manuals will change following a review in relation to additional items mandated under Directive 2010/48/EU. Revised requirements will be introduced in January 2012 (with the exception of the change in brake testing procedures for HGVs and PSVs to maximum authorised mass rather than design gross vehicle weight, which will be implemented at a later date). However, there will be a three-month period where customers in all schemes will have the additional items introduced as a result of the directive examined, but a pass with an advisory notice will result if defects are identified. Statutory testing and defect failures will apply to vehicles tested after 8 April 2012. RPCs for Euro-6 Euro-6 emission standards become mandatory for new vehicle types from 31 December 2012, and for new vehicle registrations from 31 December 2013. Reduced pollution certificates (RPCs), which give discounted rates of VED, will be available for those that purchase vehicles that adopt the standard before mandatory introduction from 1 January 2012. Reduced VED will be available for RPC holders until 31 December 2016.
Self-employed in scope of RTD The Road Transport Directive (RTD) requires self-employed mobile workers to be included in the scope of the rules from 23 March 2009. UK legislation still excludes self-employed drivers because debates in Europe continued to make their introduction unclear. However, the DfT is now working towards amending the UK rules early in the new year. This will limit self-employed drivers to a 48-hour working time average, a 60-hour cap and breaks from work. The UK regulations contain an important concession for those who are carrying on their own trade or business, so that the obligation to ensure the rules are met and to keep records fall on the self-employed driver, rather then their customers.
Deregulation of tachograph calibration fees The fee for calibration and periodic inspection of tachographs will be deregulated from 1 January 2012 making it a commercial matter to be agreed by Approved Tachograph Centres and their customers.
ACT NOW
The Road Transport Operator Regulations 2011, The Public Service Vehicles (Community Licences) Regulations 2011 and The Goods Vehicles (Community Licences) Regulations 2011, 4 December 2011 Implements new EU regulations on licensing, like the merging of national and international transport manager CPCs, as well as a limit on external transport managers running more than four operations with a total fleet of 50 vehicles.
The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2011, 18 October 2011 The Driver CPC legislation is amended so licence holders in the Isle of Man, the Channel Islands and Gibraltar can obtain the qualification, variations in implementation in other Member States is recognised, and to include a Secretary of State’s review of the rules every five years.
The National Minimum Wage (Amendment) Regulations 2011 and The National Minimum Wage (Amendment) (No.2) Regulations 2011, 1 October 2011 Minimum wages are increased – from £5.93 to £6.08 per hour – and also key terms are defined.
The Motor Vehicles (Driving Licence) (Amendment) Regulations 2011, 15 November 2011 Changes to allow some applicants with diabetes treated with medication, which carries a risk of hypoglycaemia, to be considered for vocational licences, where before they would be barred from holding them.