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FUTURE LEGISLATION
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Forthcoming changes in the law in association with the Freight Transport Association
Northern Ireland 0-licensing reform The Department of the Environment intends to amend the Northern Ireland 0-licensing system to mirror that of Great Britain. Changes include a system for restricted 0-licensing to apply to own-account carriage for the first time, but without the introduction of Traffic Commissioners. Primary legislation is expected in spring 2009.
European DriverTraining Directive Introduces initial and periodic training for professional HGV and PCV drivers. The operational level 2 training is referred to as a Certificate of Professional Competence (CPC). For new goods vehicle drivers, the initial qualification is required from 9 September 2009, and existing drivers must complete 35 hours of training by 2014.
ADR changes The 2009 text of ADR will be adopted in the UK by 1 July 2009 through new UK regulations. A key change is that instructions in writing will consist of a specified four-page model and must be provided by the carrier rather than the consignor in languages that each person can read and understand (rather than all languages of origin, transit and destination). From 1 January 2011, there are changes to the carriage of dangerous goods packed in limited quantities, including new placarding requirements for transport units over 12 tonnes tare weight that are carrying limited quantities of goods in excess of eight tonnes.
VOSA test fees A VOSA consultation includes proposals to: Halve supplement fees for tests at designated premises Transfer the vehicle specification fee from the 0-licence system and add it to the annual test fee Increase fees to reflect higher costs The consultation closed on 29 January, and the changes are expected to be introduced from April 2009.
For more information, log on to www.dft.gov.uk/consultations/open/ vosavoluntarytesffees Digital tachograph adaptors for light vehicles The EC has published a regulation to allow the use of adaptors in passenger and goods vehicles up to 3.5 tonnes, when their use with a trailer takes the combination into scope of the European Union rules, Their use is permitted from 23 July 2009.
Changes to the TransportTribunal The Tribunal, Courts and Enforcement Act reorganised how tribunals function; creating a two-tier system known as First Tier Tribunals and the Upper Tribunal.
From September 2009, appeals from Traffic Commissioner decisions, which are currently heard in the Transport Tribunal, will now be heard in the Administrative Appeals Chamber (ACC) of the new Upper Tribunal. Continuous enforcement of motor insurance The DtT nas published a consultation on plans to use the DVLA vehicles' register and the Motor Insurance Database (MID) held by the Motor Insurers' Bureau to warn and then penalise (fixed penalty of £100, immobilisation and eventually disposal) vehicle keepers who fail to hold valid insurance. Enabling legislation is already in place in the 2006 Road Safety Act, and implementation is expected from autumn 2010 at the earliest.
Temporary Agency Workers Directive A European Directive requires domestic legislation in place no later than 5 December 2011 to provide for the equal treatment of temporary agency workers in relation to basic working and employment conditions, access to permanent employment, amenities (such as child-care facilities) to improve access to training.