Keeping up with the law
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New legislation round-up
of tachographs might be confined to those vehicles undertaking international journeys, for the Transport and General Workers', Union announced that the Transport Committee of the EEC Economic and Social Committee had agreed to recommend this to the Commission.
Hopes were dashed very quickly when the E and SC pointed out that this applied only to the hours rules and not to the use of tachographs and again when the recommendation was thrown out anyway.
The British Government's argument against implementing the Regulations has been that Regulation 543/69 itself was subject to alteration as the result of representations from other member countries as well as Britain, so why implement something which might very shortly be changed?
From the arguments now going on in Brussels, however, it seems unlikely that radical alteration will result.
Between the confusion in Brussels, the indecision of the British Government and the implacable attitude of the trade unions, the road haulage operator can be forgiven for feeling more than a little confused. He has been in the position since the beginning of the year of having to provide tachographs for those of his vehicles which venture on to the Continent while unable to use them without agreement from his local trade union organiser and then not for enforcement purposes.
Moreover, the tachographs which he uses on the Continent are illegal because they are not calibrated and sealed according to EEC law in licensed centres; arid this applies to passenger vehicles as well as goods.
In the midst of all this, it continued overicaf
would be interesting to know how the DTp would react to an operator who insisted on using his tachograph discs in place of logbooks — supposing he was being allowed to use the instrument by the trade unions — and if the DTp would prosecute.
It would be anomalous for an operator complying with EEC law, which is supposed to be binding in this country, to be convicted for such a supposed offence. Would he be able to appeal to the EEC Court?
New laws
After that, it is almost a relief to turn to the legislation which has been implemented, onerous as this might be.
EEC driving licence regulations are also included in Regulation 543/69 and these were due for implementation in the UK from January 1, 1976 in the same way as the tachograph and hours requirements.
However, the enabling legislation to change the British law was not in operation till April 16 in the shape of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 and Only that part of the Act which referred to the new driving licence requirements was implemented.
The effect was to change the basis of drivers' licensing from unladen weight of the vehicle to gross weight. Drivers of vehicles over 3.5 tonnes gross now have to be at least 18 years of age and if the vehicle exceeds 7.5 tonnes the driver must be 21 years old.
British authorities are insisting that drivers of vehicles over 7.5 tonnes must also have an hgv licence and this was incorporated in the new Act. However, those who had been in the habit of driving vehicles which now require the possession of an hgv licence have been allowed to continue and, if they have been driving them for six months, continuously or in aggregate, during any 12-month period between January 1, 1 975 and April 16, 1976, they may claim a hgv licence as of right, despite their age.
Drivers have till January 1, 1977 to obtain hgv licences and these will be restricted to vehicles up to 10 tonnes gross. Of interest to waste disposal contractors was the implementation of part of the Control of Pollution Act 1974 in January 1976 and under these provisions, the licensing of disposal sites is expected to begin in the spring of 1977.
Later in January, the DTp issued the Goods Vehi (Ascertainment of Mat..
Gross Weight) Regulations 1976 which established multipliers to be used for calculating the unladen weight of vehicles were the vehicles were not marked or plated so that the appropriate driving licence requirement could be found.
February saw parts of the Employment Protection Act 1975 brought into operation with further sections following in March and April.
In March an important amendment was made to the Motor Vehicles (Construe tion and Use) Regulations 1973. These amendment regulations contained in Statutory Instrument no 317 made certain alterations in respect of brakes and tyres, but of immediate interest to the operator was the replacement of Regulation 90 (2) of the original regulations, and this dealt with the security of loads.
It said that physical restraint should be used to secure the load if necessary and restraint should not rely on the weight of the load.
Moreover, neither danger nor nuisance must be caused by any part of the load falling or being blown from the vehicle so that sheeting of loose material became inevitable.
In April the testing and plating fees were increased by the Goods Vehicles (Plating and Testing) (Amendments) Regulations 1976. The fee payable for first examination rose from E5.50 to £11 fc vehicles and from £3.50 1 £6.50 for trailers; for re-tesi the fees were increased fror E3.50 to E6.50 and from E2 t £4 respectively.
Periodic tests and the poss ble re-test also cost aboL double the former charge.
To add to this the Good Vehicles (Operators' Li cences) (Fees) Regulation 1976 increased the cost of a operator's licence to £12 vehicle a year, and, in August the cost of an hgv driving tes went up from E8 to E24 uncle the Motor Vehicles (Drivers Licences) (Amendment) (Ni 2) Regulations 1976.
PSV regs
For psv operators, Thi Public Service Vehicle; (Conditions of Fitness Equipment and Use (Amendment) Regulation; 1976 came into operation or June 9 containing alteratiorm about the minimum height oi the rear entrance of vehicles, requirements about automatic doors; deleted the formei requirements about radios in passenger vehicles; and altered the fire extinguisher regulations.
On August 1, the construction of new vehicles carrying livestock to comply with the Transit of Animals (Road and Rail) Order 1975 became compulsory — existing vehicles will have to conform by August 1, 1980.
EEC-type logbooks became compulsory in use on October 31 as the result of the Drivers' Hours (Keeping of Records) Regulations 1976 and the strict enforcement of these will begin on January 1, 1977. During the intervening per d. enforcement staff have
een checking the use of the EC-type logbooks with .discreon and making allowances for rivers being unaccustomed to
)eir use.
After December 31, this will o longer apply and the penalty )1offences against the regulaons could be as high as E.200 n summary conviction or two ears imprisonment on
— that is, conviction efore a judge and jury.
On New Year's Day, the perators' licence threshold will ,ecome metric and the Motor fehicles (Tests) Regulations 976 come into operation. "hese concern operators of mall vans and large passenger :ehicles with more than 12 eats including the driver but lot if they are psv.
VioT tests In effect, these regulations nake certain changes in relaion to the MoT test for other han goods vehicles which are ;ubject to plating and testing .egulations.
The annual test is made -nore stringent with the exa-nination of more equipment • han in the past. The fee will be -aised to £4.10. Later in the year, more of the
Employment Protection Act 1975 will be implemented, replacements for trade plates will cost more, and there will be new rules about the display of road tax discs.
As already pointed out, the implementation of the EEC driving hours regulations which will, in effect, reduce the available driving hours to eight and restrict the distance driven is scheduled for March 1. Whether this will come about or in what form is anybodys guess.
Finally, the Docks Work Regulation Act 1976, affecting those operators who have premises within half a mile from harbours or harbour land, is poised to take effect sometime during 1977. However, the Act is not yet printed and is, therefore, not available for cornment.
Suffice to say that under the terms of the Act, as I understand it, the Secretary of State is required to prepare, and get the approval of Parliament to a new dock labour scheme.
As the appointed day for the introduction of the provisions of the Act has not yet been established, we shall have to wait and see.