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FUTURE LEGISLATION
Page 32
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Forthcoming Law with the Freight Transport Association
Graduated fixed penalties The DfT has issued a consultation on the details of introducing a graduated fixedpenalty system for traffic offences, such as drivers hours and overloading, to be issued by Vasa examiners. A deposit scheme is proposed to cover offences by visiting drivers unable to provide a GB address.
Northern Ireland 0-licensing reform The Department of the Env[ronment intends to amend the Northern Ireland operator licensing system to mirror that of Great Britain. Changes include a system for restricted operator licensing to apply to own-account carnage for the first time, but without the introduction of Traffic Commissioners. Primary legislation is expected in spring 2009, but implementation will take several years.
Statutory holiday increases The final phase of statutory holiday increases is implemented on 1 April 2009. Workers will be entitled to 5,6 weeks of paid holiday, capped at 28 days per year.
European Driver Training 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.
Mirror retrofit This European legislation requires the retrofitting of wide-angled and closeproximity mirrors to the passenger side of goods vehicles more than 3.5 tonnes GVW and first registered from 1 January 2000. The Department for Transport (DfT) is expected to issue specific guidelines before the implementation date of 31 March 2009 (see CM 24 July for details) GPS retrofit for animal transport vehicles Existing European legislation extends the requirement to have GPS tracking systems fitted to all vehicles (rather than t.ist vehicles first used for in-scope animal transport from 1 January 2007) from 1 January 2009. The retrofit applies to vehicles transporting livestock or equidae on journeys in excess of 12 hours in the UK or 8 hours internationally.
ADR changes The 2009 text of ADR will be adopted in the UK by 1 July 2009 by 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 crew member can read and understand (rather than all languages of origin, transit and destination). From 1 January 2011 there are also 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 goods in excess of 8 tonnes.
Vosa test fees A Vasa consultation includes proposals to: • halve supplement fees for tests at designated premises • transfer the vehicle specification fee from the 0-licence system and adding it to the annual test fee • increase fees to reflect higher costs The consultation closes on 29 January and the changes are expected to be introduced from April 2009.
Self-employed drivers in scope of RTD Existing European legislation intends to bring self-employed drivers into scope of the Road Transport Directive on working time. However, the decision is likely to depend on a final report submitted by the European Commission to the Parliament and Council of the EU.