HAULAGE BULLETIN NEWS Employment: EU working time Working time Regulations
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The Department of Trade and Industry (DTi) has published draft regulations* for the implementation of the Working Time Directive and the Young Workers' Directive into UK law. The main proposals in the regulations are: • Three weeks' paid annual leave, rising to four weeks in 1999; • 11 consecutive hours' rest in any 24-hour period; • An average of 48 hours a week as the maximum that a worker can be required to work; • An average of eight hours' work in 24 hours which night workers can work; • Special protections for young people.
* Measures to implement provisions of the EC directives on the organisation of working time (the "Working Time Directive") and the protection of young people at work (the "Young Workers Directive") are available from DTi Publications, E Christians and Co, Vestry Estate, Otford Road, Sevenoaks, Kent TN14 5EL. Contact: 0870 1502 500.
Comments should be sent to Chris Hannant, Employment Relations Division, DTi, 1 Victoria Street, London SW1H OET by 5 June 1998.
Dispute resolution The Employment Rights (Dispute Resolution) Act 1998*, which will improve access to informal, speedy and inexpensive justice, received Royal Assent on 8 April. Some of the main provisions of the act are that: • Subject to the approval of the Secretary of State, the ACAS will be empowered to provide, fund and promote an arbitration scheme for unfair dismissal disputes as a voluntary alternative to a tribunal; • The use of internal appeals should be encouraged and be taken into account when determining compensation payments; • Tribunals will be able to determine cases on written evidence alone in some circumstances. * Available, priced £4.85, from The Stationery Office.
Loans The Official Rate of Interest used to calculate the taxable benefit from a cheap or interestfree loan, made by an employer to an employee or director earning £8,500 a year or more, is 7.08% for 1997/98.
Maternity New regulations*, which amend the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994, came into effect on 6 April 1998. These regulations increase the additional amount which can be recovered by a small employer in respect of SMP payments to 7% (formerly 6.5%).
* Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 1998 (SI 1998 No 522) are available, priced 65p, from The Stationery Office. Contact: 0171 873 9090.
Company directors: Home addresses Filing of particulars However, the DTi has decided that the requirement for companies to file directors' other directorships at Companies House should be revoked. Legislation that would remove the requirement for this information to appear in the company's annual returns will be introduced later this year. An act of Parliament will be required to revoke the requirement to record directors' other directorships in companies' own registers, and to send details to Companies House both on incorporation and when there are other changes. This will happen when Parliamentary time allows.
Transport: Illegal vehicle impounding Illegal operation The Department of the Environment, Transport and the Regions (DETR) is consulting* on a new scheme designed to prevent haulage companies operating trucks illegally. The proposals would enable Vehicle Inspectorate examiners to detain, and subsequently impound, unlicensed vehicles.
* The Proposed Scheme for the Detention of Illegally Operated Goods Vehicles is available free from the Traffic Area Network (TANU3), DETR, Zone 2/11, Great Minster House, 76 Marsham Street, London SW1P 4DR.
Comments should be sent to Martin Thomas, Zone 2/13 at the above address by 29 May 1998.
Excise duty exemption A Commencement Order* has brought into force the provisions of Schedule 3 to the Finance Act 1997. These provisions amend the Vehicle Excise and Registration Amendment Act 1994 in relation to vehicles exempt from excise duty, covering areas including: • The registration of vehicles on issue of a nil licence; • The return of a nil licence; • Offences of not exhibiting, failing to have, or fraudulently using a nil licence for an exempt vehicle; • The definition of a nil licence.
* The Finance Act 1997 (Commencement No 2) Order 1998 (SI 1998 No 560 (C10)) is available, priced 65p, from the Stationery Office.
Drugs testing The DETR has started trials in Clevelend, Lancashire, Strathclyde and Sussex of roadside testing for illicit drugs. The trials' aim is to establish the suitability of the devices used to test for these drugs. Tests on the accuracy and reliability of the devices will be carried out separately.
Drugwipe, the first device to be tested, involves taking a sample of sweat from the driver's forehead. All participants will remain anonymous and be asked to complete a questionnaire.
Health and Safety: Video advice Safety zone * Signposts for Safety is available, priced £146.88, from HSE Videos, PO Box 35, Wetherby, West Yorkshire LS23 7EX. Contact: 0845 741 9411 for credit card sales.
Fire video The Fire Protection Association (FPA) has released a fire safety video, Workplace Fire Risk Assessment—a Guide for Employers* (running time 15 min), which gives employers guidance on how to comply with the Fire Precautions (Workplace) Regulations 1997.
* Available, priced £49.50 (ex-VAT), with a 15% discount to FPA members, from the FPA Publications Department, Melrose Avenue, Boreham Wood, Hertfordshire WD6 2BJ. Contact: 0181 207 2345.
Lead exposure New regulations* came into force on 1 April 1998 which give greater protection to workers exposed to lead. In addition, two Approved Codes of Practice** and the leaflet Lead and You? have been updated to take account of the new regulations.
* The Control of Lead at Work Regulations 1998 (SI 1998 No 543) are available, priced £2.80, from The Stationery Office.
** Control of lead at work (priced £8.95) and Control of Substances Hazardous to Health (priced £5) are both available from HSE Books, PO Box 1999, Sudbury, Suffolk C010 6FS. Contact: 01787 881165.
They are available free for single copies or £5 for a pack of 15 from HSE Books.
Flammable liquids The Health and Safety Executive has published revised guidance on the Spraying of Flammable Liquids*, which gives information on the hazards involved and describes preventative and protective measures to reduce the risk of fire and explosion.
* Available, priced £9.50, from HSE Books, PO Box 1999, Sudbury, Suffolk C010 6FS. Contact: 01787 881165.
Training: Test fee increases Driving test fees Roadworks: Illegal HGV crackdown Financial: Late payers Late payment 11111111111111= The DTi has revised its pro =or posals for the Late Payment of Commercial Debts (Interest) Bill. The main changes are: • The statutory rate of interest will be base rate plus 8%; • A business will be regarded as small if it employs 50 or fewer full-time staff or their part-time equivalents—the proposed criteria based on the Companies Act 1985 have been abandoned as those definitions may change in the near future.
Further information is available from Kobina Lokko or Vicky Bytel at the DTi. Contact: 0171 215 3931/0259.
Competition Bill The Office of Fair Trading (OFT) has published two draft guidelines on the provisions of the proposed Competition Bill: A Guide to the Major Provisions of the Act*, and Market Definition*. The final versions of the guidelines will not only take into account responses to the drafts, but also any changes made to the bill during its passage through Parliament.
* Available free from the OFT, PO Box 366, Hayes UB3 1XB. Contact: 0870 606 0321. Also http://www.oft.gov.uk/html/new/bill.htm on the internet.
Comments should be sent to Gover James, Competition Policy Division, OFT, Room 104, Field House, 15-25 Bream's Buildings, London EC4A 1PR.
EU news: Dealing with Euro currency * Available free from Unit DG XVD3, C107 02/57, European Commission, 2000 rue de la Loi, B-1049 Brussels, Belgium. E-mail: d3@dg15.cec.be.
It is also available on the Internet at: http://europa.eu.int/comm/dg15.
Patent regulation The European Commission has proposed that a regulation (3295/94), which produced excellent results against counterfeit goods, should be extended to cover product patents. The measure could also be widened to allow Customs authorities to act in cases involving free zones or warehouses, and goods under customs supervision.
The Commission also plans to allow one application for customs protection to cover all EU territory, rather than requiring a separate application for each country.
EU merger rules Amendments extending and simplifying existing EU merger rules came into force on 1 March 1998. They now cover all "full-function joint ventures" that meet the turnover thresholds of the Merger Regulation.
In addition, procedural aspects have been altered to facilitate notifications to the Commission and to avoid multiple notifications at national level.