FUTURE LEGISLATION
Page 17
If you've noticed an error in this article please click here to report it so we can fix it.
Northern Ireland O-licensing reform The Department of the Environment has introduced primary legislation to more closely mirror the British system, including the introduction of restricted licensing for own-account carriage for the first time. In April 2011, existing hire or reward operators will be entered onto the Operator Licensing Business System database and, from April 2012, own account operators will have to apply for a restricted licence.
Conspicuity markings The introduction of additional outline reflective markings on goods vehicles was originally due to come into force on 10 October 2009, but was postponed in September 2009 to be introduced from 10 July 2011. The UN Technical Committee has published the requirements in an amendment to R48, which will apply additional side and rear markings to new goods vehicles over 7.5 tonnes and new trailers over 3.5 tonnes. At this stage, there are no plans to introduce the requirement to passenger vehicles or to require retrofitment.
Digital tachograph changes European legislation amends the technical specification of the digital tachograph. This includes an increase in the number of company locks from 20 to 255, changes to the way in which driving and activity is recorded, and establishes common test specifications for printout paper in October 2011. To detect tampering, information from the motion sensor will be checked against vehicle data, and any discrepancies will be logged as faults from October 2012.
O-licensing changes Harmonised licensing rules for international operators and transport managers will be introduced on 4 December 2011. Key changes are the introduction of a panEuropean database, merging of National and International Transport Manager CPCs, and restrictions on part-time transport managers. These access to the occupation regulations limit external transport managers from being named on more than four undertakings’ licences with a combined total maximum fleet of 50 vehicles. Agency worker regulations A European directive provides for the equal treatment of temporary agency workers in relation to basic working and employment conditions, access to permanent employment and amenities (such as child-care facilities), and to improve access to training. The directive requires member states to implement it no later than 5 December 2011, but UK legislation comes into force on 1 October.
VOSA powers to stop changes The Department for Transport proposes to change VOSA officers’ powers across England and Wales and extend them to Scotland and to DVA (Driver and Vehicle Agency) in Northern Ireland. Officers will be allowed to stop a vehicle at the roadside to make a routine check of drivers’ hours compliance, overloading or paperwork, without having to first undertake an assessment of the mechanical condition. New offences of impersonating or obstructing an officer are also proposed.
Revised VED rates Exceptional rates of vehicle excise duty are being introduced on 1 April for certain HGV categories to comply with EU minimum taxation rates. The increases are expected to affect no more than 12,000 vehicles and to be around £40 per vehicle. The increased rates should not apply to vehicles fitted with road-friendly suspension, and operators may be able to voluntarily down-plate vehicles to avoid increases.
Vehicle test changes The DfT is reviewing the exemptions from HGV testing, with a view to removing up to 10 categories, including electric vehicles, engineering plant and tower wagons. The items inspected at annual test are also being reviewed, driven by a change in law. Extra items are expected to be included in the test, such as air bags, front fog lamps and headlamp washers, but some items tested might be removed. Both sets of changes are expected to be introduced in January 2012.