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Coming into the fold

9th July 2009, Page 28
9th July 2009
Page 28
Page 29
Page 28, 9th July 2009 — Coming into the fold
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Which of the following most accurately describes the problem?

A new 0-licence regime in Northern Ireland will include own-account operators, and introduce strict rules on operating centres, as well as the right for illegal trucks to be impounded.

Words: Brendan Nolan In two years time, hauliers and ownaccount operators in Northern Ireland will face a new regulatory regime that mirrors the rest of the UK, but with one major exception — there will be no Traffic Commissioners to enforce the regulations.

The most significant change is that a restricted licence is being introduced in order to bring 13.300 own-account operators into the system. This will be part of a threetier licensing system for goods vehicles over 3.5 tonnes, including a standard national and a standard international licence for hauliers.

Operators will be required to have decent operating centres subject to the types of controls that exist elsewhere in the UK. Parking on the roadside will no longer be tolerated, and the right to impound illegal vehicles will be introduced.

An 0-licence is currently required for hire or reward haulage, but not for own-account transport.The new regulations would be similar to those faced by operators in the rest of the UK, explains Phil Flanders, the Road Haulage Association (RI-IA) regional director for Scotland and Northern Ireland.

The RHA and the Freight Transport Association (ETA) agreed to a joint meeting with transport minister Sammy Wilson on 6 July to discuss any fears that own-account operators might have of the new regime.

The FTA has lobbied for such a measure for 16 years, according to Tom Wilson, FTA regional policy manager for Ireland. Direct rule from Westminster delayed developments, but the return of the Northern Ireland Assembly has seen the legislation getting priority status.

The FTA is disappointed that there will be no Traffic Commissioners. "We lobbied for that because it means the procedure would be independent," says Tom Wilson. But similar powers to a TC will be exercised by a Department of the Environment (DoE) official.

Flanders says the legislation brings everyone on to a level playing field: "Many own-account vehicles are not well maintained. This will encourage people to look after their vehicles, thus improving road safety and ensuring fair competition."

Driver Vehicle Licensing Northern Ireland (DVLNI) is responsible, under the 1967 Transport Act, for the licensing of haulage operators and their vehicles. DVLNI will police the new regulations.

The Assembly's Committee for the Environment was told in February 2008 by Donald Armstrong, a spokesman for the DoE, that three quarters of the indu.stry was unregulated. He said there were approximately 2,500 licensed haulage operators, but research found a further 13,300 operators who carried their own goods using vehicles over 3.5 tonnes.They were not included in the present regulatory regime. The total Northern Ireland goods fleet is estimated at 35,000 vehicles, said Armstrong.

Under the new system. the DoE would have stronger enforcement powers, including the right to impound vehicles not properly licensed. Department officials would have powers to enter premises to inspect records, even those of third-party premises that arc responsible for the maintenance of an operator's vehicles.

Armstrong said the DoE would mail every registered keeper of goods vehicles in Northern Ireland, informing them of the changes Operators will no longer be able to park their vehicles on the roadside and must be located at operating centres, defined as the place where vehicles are normally kept when not in use. The operating centre should provide sufficient off-street parking for all vehicles and trailers Centres must be suitable, of a sufficient size, with safe access and in an environmentally acceptable location.

An operator is defined as the user of a vehicle if they are the driver and owner, or if it is in their lawful possession under an agreement for hire, hire purchase, or loan. The operator also uses a vehicle if the driver is their 'servant or agent. An 0-licence will be needed if the operator uses a vehicle for a short period even for just one day.

Maintenance requirements remain similar at present hauliers have to obey maintenance requirements as a matter of course. "You are required to keep your vehicle to a comparable standard in any ease," says Tom Wilson.

"If hauliers do it right, it won't affect them at all," states Flanders "It will bring own-account operators into the system and will make the penalties for lawbreaking a hit more meaningful."

The new regulations are not mirrored in the Irish Republic, where own-account operators are not required to have an 0-licence.

Northern operators close to the border may, therefore, opt to register their premises south of the border.

However, the only vehicles specified on a Northern Ireland 0-licence are those that are registered in the UK. Registration in the Republic will not count.

Meanwhile. the Goods Vehicles (Licensing of Operators) Bill has reached the end of the Committee Stage in its passage through the Northern Ireland Assembly.

When it is completed, there will he a programme of implementing subordinate legislation.The views of the industry will be taken into account throughout the implementation programme. •


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