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Forthcoming changes in the law in association with the Freight

29th October 2009
Page 24
Page 24, 29th October 2009 — Forthcoming changes in the law in association with the Freight
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Transport Association Northern Ireland 0-licensing reform The Department of the Environment intends to amend the Northern Ireland 0-licensing system to mirror that of Great Britain. Changes include a system for restricted 0-licensing to apply to own-account carriage for the first time. Primary legislation is expected by the end of this year.

Enforcement of motor insurance The DfT has published a consultation on plans to use the DVLA vehicles register and the Motor Insurance Database held by the Motor Insurers' Bureau to warn and then penalise (fixed penalty of 2100. immobilisation and eventually disposal) vehicle keepers who fail to hold valid insurance. Enabling legislation is already in place in the Road Safety Act 2006, and implementation is expected from autumn 2010 at the earliest.

Conspicuity marking Additional outline reflective markings will be required on goods vehicles first registered from 10 July 2011. The UNECE amendment applies to additional side and rear markings to new goods vehicles over 7.5 tonnes and new trailers over 3.5 tonnes.

Cabotage regulation An EU regulation will tighten the rules on cabotage — the national carriage of goods by road undertaken on a temporary basis by a non-resident haulier. It limits hauliers to a maximum of three cabotage operations within seven days of international carriage. Within the seven-day limit, cabotage operations can be carried out in any member state, but where entry into a member state is unladen, the haulier is limited to one cabotage operation per member state within three days of unladen entry. Hauliers must produce evidence of international carriage and cabotage operations. The regulation is expected to take effect from July 2010.

Temporary Agency Workers Directive A European Directive requires domestic legislation in place no later than 5 December 2011 to provide for the equal treatment of temporary agency workers in relation to basic working and employment conditions, access to permanent employment, and amenities to improve access to training.

Road safety compliance A DfT consultation includes proposals to introduce: six penalty points for exceeding the speed limit by 20mph; make careless driving a fixed penalty offence (E60 with three penalty points); the specification of retraining courses for drivers who have had their vocational licences revoked by a TC; and the lowering of the blood alcohol limit. Changes are expected from early 2010.

Statutory maternity leave changes Under government proposals, after six months' maternity leave, working mothers will be able to elect to return to work and transfer up to the remaining six months' maternity leave to the father. Up to three months of that leave will be paid at the same rate as Statutory Maternity Pay if that leave is taken within the mother's statutory 39-week maternity pay period, and parents are required to 'self-certify' by providing details of their eligibility to take the leave. The government intends for the law to come into force by April 2010, and will be effective for parents of children due on or after 3 April 2011 to allow employers time to plan for the introduction of the measures.

Cl and D1 learner supervisor changes The Driving Standards Agency intends to change the regulations for supervisors of learner drivers in categories Cl, Cl +E, D1 and D1+E, where the supervisors hold vocational entitlements gained with a pre-1997 car test pass. From 6 April 2010, those supervisors will need to meet the higher medical standards, pass the relevant test and wait until they have held their new vocational entitlement for three years before they can act as a supervisor to a learner driver,


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