FUTURE LEGISLATION
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Forthcoming changes in the law brought to you by the Freight Transport Association 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.
Self-employed in scope of RTD The Road Transport Directive (RTD) required 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 GB rules in the spring. This will limit selfemployed 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 falls on the self-employed driver, rather than their customers.
HSE cost recovery The government is proposing to introduce cost recovery for health and safety enforcement interventions in April 2012. Where an enforcement officer finds a material breach of regulations, the costs for all interventions, such as visits, phone calls, written advice (by letter or email), or issuing improvement or prohibition notices, will be charged using an hourly rate of about £124 until the issue is resolved by an improvement or a prosecution.
Northern Ireland operator licensing reform The DOE intends to amend the operator licensing system to more closely align with the GB system, including the introduction of restricted licences for own account operations. Primary legislation is now in place and permits are due to be issued from May 2012. Daytime running lamps (DRL) DRLs switch on automatically when the vehicle ignition switch enables the starting/running of the engine. Already required for new van and car types, new vehicle truck types must have them fitted from 7 August 2012. There are no plans to retrofit or for older vehicles to have to use other lights in the daytime. Tyre labelling An EU regulation requires all new tyres for sale to be classified and labelled for fuel efficiency, wet grip and noise performance from 1 November 2012. Similar to the labelling of household appliances, the labels will allow potential purchasers to more easily compare these characteristics.
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London Olympic Games and Paralympic Games (Amendment) Act 2011, 14 December 2011 Amendment legislation that includes increasing the maximum fines for ticket touts, amends traffic rules and their enforcement in London during the games. It also allows traffic commissioners to fast-track variations to operator licences (such as increasing authority or adding new depots) affected by the games where it was not possible to allow sufficient time for the processes to take place.
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 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.