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24th May 2012, Page 18
24th May 2012
Page 18
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Which of the following most accurately describes the problem?

for change?

A shortage of transport law is unlikely to happen any time soon, as a recent conference proved

Words: Patric Cunnane Transport law is like a train coming down the tracks – it might be delayed en route, but eventually it will arrive at your station where you must be ready to board. As soon as the industry has familiarised itself with one major change, a new set of laws will emerge, often from Brussels.

With this in mind, Woodfines Solicitors held a one-day conference to bring operators up to date with new legislation and remind them of the most important details of recently introduced laws.

First off the stocks was Sally Thornley, the Freight Transport Association general manager of compliance information services. What has emerged from the red tape challenge, the government’s much-touted initiative to cut back on unnecessary rules? Thornley explained that a consultation process began in May 2011 and that the Department for Transport (DfT) responded in December.

The recommendations include:

• scrapping the paper counterpart to the photo driving licence by 2015; • no need to prove insurance every year; • the abolition of a paper certificate of insurance registration; • no need to apply for SORN every year; • fleets will not need a V5 registration document for every vehicle; • no requirement to hold a hard copy V5; • an increase to exemptions from Driver CPC, including farmers driving stock to market; • a simplified version of the EU drivers’ hours and Road Transport Directive (Working Time Directive) to be industry-led and discussed with the European Commission (EC); • consult on changing minimum digital tachograph VU download from 56 to 90 days; • scrap regulation specifying logbooks under domestic drivers’ hours rules.

Thornley is concerned that action may not follow unless pressure is applied. “Very few timescales have been given,” she said. “It’s all gone quiet since December so we have been reminding the DfT that these burdens must be cut.” She added that scrapping the paper licence presents an issue for employers because it includes details of a driver’s endorsements. She warned operators that the Olympics will create difficulties for some. “If you have depots that cross the route you could have problems. There are 31 miles of Games lanes with 6am to midnight restrictions. It’s important that operators speak to their suppliers and customers and be prepared for security checks. Drivers must have photo IDs.”

End of cabotage regulation?

Chris Hallsworth, partner and head of the crime and regulatory department at Woodfines, mused on the current state of cabotage regulation. The ‘three jobs in seven days’ rule was introduced in 2010, whereby a haulier visiting another member state can carry out three domestic jobs before returning home. “Eventually there will be a unified transport system where everyone will be able to do whatever they want in another’s territory,” said Hallsworth. The EC is aiming for full liberalisation around 2013-14.

In the meantime, there are plenty of rogues prepared to break the existing rules. “Some of the larger foreign hauliers are prepared to put up with a vehicle being impounded,” said Hallsworth.

Hauliers who are suspicious about the activity of a visiting operator should inform Vosa. “Do something about it if you notice their vehicle has been around again. Are they operating a non-temporary haulage business in this country?” If suspicions prove correct, Vosa gives the law breaker 14 days’ notice before impounding. “I know of 10 vehicles being impounded in one swoop by Vosa and the police,” said Hallsworth, proving that despite a warning many offenders refuse to change their ways.

How does a TC see the law?

Richard Turfitt, traffic commissioner (TC) for the Eastern region, explained how the law looks from the TC’s point of view. New regulations on Access to the Occupation of Road Transport Operator came into force in December.

As a result, a mandatory questionnaire was sent to 45,000 holders of standard goods and PSV licences to ensure they are meeting the new requirements, which include a greater focus on the qualifications of the transport manager. Turfitt revealed that 7,000 had yet to respond, “thus risking regulatory action” .

The new regulations give TCs extra powers to deal with poor transport managers including disqualification; the ability to make the transport manager sit or re-sit their CPC and other rehabilitation measures.

When Turfitt meets an operator at a public inquiry, he asks himself a number of questions, including: “Is this operator committed to safety? What steps have they taken to put things right?” The law is not black and white. “I retain the discretion to assess individuals – there may have been tragic incidents in a family business that have led to the current situation,” he explained. ■


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