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Up and coming law with the FDA
Page 38
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FUTURE LEGISLATION Corporate manslaughter: The government wishes to introduce a new offence to hold organisations to account for gross failings by their senior management that have had fatal consequences. As a corporate offence, it will not apply to individual directors or others (CM 21 September).
Speed limiters: European legislation is in force to introduce speed limiters (set to 56mph) to vehicles over 3.5 tonnes over a three-year period. This includes all new and most existing (diesel engine Euro-3. registered from 1 October 2001) vehicles. Those used on international journeys already have to comply, as do vehicles between 7.5 and 12 tonnes which were first registered on or after 1 January 2005. From 1 January 2007 Euro-3 diesel-engined vehicles over 3.5 tonnes registered between 1 October 2001 and 31 December 2004 must have their speed limiters recafibrated. From 1 January 2008 this will also apply to all vehicles above 3.5 tonnes registered from I January 2005. Once the limiters have been reset all affected vehicles are banned from using the outside lane of motorways with three or more lanes (CM 10August).
Driver Training Directive: Requires the initial and five-yearly periodic training of professional goods and passenger vehicle drivers. The operational training will include fuel economy, drivers' hours and customer service, and is referred to as a Certificate of Professional Competence (CPC). Great Britain is expected to draft and introduce legislation by the end of 2006 (Northern Ireland early in 2007), and for goods vehicle drivers initial training will start in 2009.The earliest date that periodic training will need to be completed is September 2012 for goods vehicle drivers, and for some this date could be as late as 2016 (CM 19 October).
EU drivers' hours: EC regulation 561/2006 implements changes from 11 April 2007 to the scope, exemptions and definitions of rules on rest and breaks. It also introduces further changes to the production of records at the roadside from 1 January 2008 (CM 27 July).
Red diesel: HM Revenue and Customs is expected to amend the list of vehicles that are permitted to use rebated fuel. Unlicensed vehicles not used on public roads will need to make a SORN declaration; the tractor/ agricultural, limited road use and mobile crane categories will be reworded: and the road construction vehicle category will be removed. In addition, there will be two new categories: road surfacing vehicles and agricultural material handlers. The changes are expected to take effect from 11 April 2007.
Operator licensing changes: The DfT• intends to make changes to the operator licensing system. These are to introduce: • Centralisation of licence administration to the Leeds unit by April 2007.
• New administrative arrangements forhoiders of more than one licence by spring 2007.
• Reformed licensing and vehicle test fees from April 2008.
• The removal of the 28-day period of grace to use vehicles on the margin, and the abolition of paper discs from April 2008 (CM 9 February).