ILAWV CM has teamed up with Donald Armour from the
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Freight Transport Association's legal department to highlight laws in the pipeline. He is unable to take telephone calls at CM's offices but written enquiries will be passed on.
RECENT AND IMMINENT LEGISLATION The Road Vehicles (Construction and Use) (Amendment) Regulations 1997. CIF 1 October 1997. Requires cab notices when the overall travelling height of the vehicle exceeds 3m, and automatic warning devices from 1 April/1 October 1998 (depending on the age of the vehicle) when power-operated high-level equipment is fitted.
The Road Vehicles (Construction and Use) (Amendment) (No 3) Regulations 1997. CIF 1 July 1998. Amend regulation 36A of Construction and Use Regulations 1986 with regard to speed limiters on buses and coaches.
The Motor Vehicles (Approval) (Amendment) Regulations 1998. CIF 30 April 1998. Introduce further changes to the Motor Vehicles (Approval) Regulations 1996 affecting certificates of conformity and type approval certificates.
The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997. CIF 3 November 1997. Introduces provisions for the immobilisation, removal and disposal of unlicensed motor vehicles found stationary on public roads in England and Wales, replacing earlier regulations.
The Welfare of Animals (Transport) Order 1997. CIF 1 October 1997. Requires all carriers of cattle, sheep, pigs, goats and horses to obtain "specific authorisations". This order applies to journeys by road, sea and air. Additional standards of competence must be met by attendants from 1 July 1998.
The Motor Vehicles (Driving Licences) (Amendment) (No 5) Regulations 1997, CIF 1 January 1998. Requires that anyone who drives incomplete vehicles in working condition must hold the appropriate licence to drive goods vehicles of the equivalent weight.
The Courses for Drink-Driver Offenders (Designation of Areas) Order 1997. CIF 31 December 1997. Increases the number of areas throughout the UK in which people convicted of a drink-related offence may attend approved driver retraining courses. The Road Vehicles (Construction & Use) (Amendment) Regulations 1998. CIF 2 February 1998. Amends 1986 C&U provision to include prevention of exhaust emissions (as well as noise) as a reason for switching off the engine or a stationary vehicle.
The Motor Vehicles (Type Approvcil) (Great Britain) (Amendment) (No 3) Regulation 1997. Amends Type Approval Regulations 1984 by postponing from January to May this year the requirements for obligatory certificates. Another regulation delays the regulations governing emissions from amateur-built vehicles.
The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997. CIF 26 December 1997. Provides for certain local authorities to issue fixed-penalty notices to users of vehicles in respect of exhaust emissions.
The Road Vehicles (Statutory Off-Road Notification) Regulations 1997. CIF 15 January 1998. Requires vehicle keepers to notify the DVLA if they intend to keep a vehicle off the road untaxed, and to declare where it will be kept.
The Traffic Signs (Temporary Obstructions) Regulations 1997. CIF 1 March 1998. Allows individuals to place specified traffic signs on roads in connection with temporary obstructions, to warn other road users.
The Road Vehicles Registration Fee Regulations 1998. CIF 1 April 1998. Introduces an administration fee of £25 for the initial registration of all vehicles in the UK, with limited exceptions.
The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 1998. CIF 1 April 1998. Introduces increased fees for driving tests. Cars, rising from £31 to £32.75; HGVs, rising from £65 to £73.50.
The Finance Act 1997 (Commencement No 2) Order 1998. CIF 1 April 1998. Brings into effect Schedule 3 of the Act, with new regulations governing the display of VED licences on exempt vehicles.
CIF: Comes into force. FUTURE LEGISLATION rinking and driving: DOT is now considering proposals to lower the legal blood alcohol limit and other measures to reduce the number of accidents attributable to drink-driving.
• Vehicle dimensions: Changes proposed to C&U regs to allow drawbars up to 18.75m overall length, enforcing EU Directive 96/53; April/May 1998.
• Second-generation tachographs: Common position reached by EU transport ministers on a framework regulation. Much technical detail has yet to be agreed; the earliest possible date for fitment to new vehicles is mid-2000.
• Dangerous goods safety adviser EU Directive requiring companies involved in the transport or loading/unloading of dangerous goods to appoint a safety adviser by 31 December 1999. Implementing legislation due this December to allow time for training and examination of advisers. Consultation period closes on 3 July 1998.
• The White Paper on the Working Time Directive: Sets out proposals for applying the principles of the Directive to the excluded sectors, including road transport with unspecified new limits on driving time and other work. Consultation document now issued on the general application of the Directive in the UK.
• Animal Transport: New EU type approval measures proposed for the construction of vehicle bodywork. Likely implementation, November 1998.
• Proposals for Approved Tank Requirements: To comply with EU ADR framework Directive. Legislation required by 1 January 1999 for new approved tank requirements and appointing approved inspectors.
• Construction & Use: Mechanical couplings fitted to category MI vehicles (passenger cars with up to eight seats plus driver) first used on or after 1 May 1998 must be type-approved and comply with directive 94/20 EC. NB: does not apply to car-derived vans.
• Impounding of illegal vehicles: Consultation is now underway by the DOT to introduce impounding of vehicles operating without an 0-licence.