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uring the 18-year tenure of the previous government, operators grew

9th October 1997, Page 36
9th October 1997
Page 36
Page 37
Page 36, 9th October 1997 — uring the 18-year tenure of the previous government, operators grew
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Which of the following most accurately describes the problem?

Keywords : Tachograph, Bus, Dispatch

used to castigating the Department of ansport for delaying implementation of islation that much of the industry was ady to adopt, while on the other hand troducing regulations that many hauliers re ill-prepared to deal with.

When the Freight Transport Association's season of transport law and vehicle anagement roacIshows got under way in nt earlier this month, some pundits sugsted that the new government's enlarged pariment of Environment, Transport and e Regions will have to face similar critims. As often as not, this will be caused by slow and often illogical grinds and turns the EC legislative process. Many of t-iese issues cannot be dealt with operators in isolation, so the trade body nds or falls by its ability to identify threats its members' interests, win influential friends and influence decisions in favour of its members. So how is the ETA doing?

Topics on the agenda included bridge bashing and low enforcement; incentives to improve emissions levels; second-generation tachographs; operator licensing, and the implications of the Social Chapter and the Working Time Directive, These subjects will be covered by roadshows throughout the country, but presented in a local context. The Kent seminar attracted about 40 representatives from hauliers, removals companies, utilities, high-street retailers, distribution specialists and plant hire operators. The first topic on the agenda was bridge bashing, including the latest legislation which came into force on 1 October.

News that the ETA is working with the British Vehicle Rental and Leasing Association on a code of practice for hirers was welcomed as a way of sharing more of the responsibility for preventing overhead damage. In the past 20 years, bridge bashing has killed 16 and seriously injured 60 people. The new regulations require cab warning notices of vehicle height to be carried and displayed. From 1 April 1998 warning devices will have to be filled to most vehicles carrying high-level equipment {implementation will be phased in over the next year). After roundin on incorrect sicnin b local authorities, FTA regional assistant secretary Karen Packham warned transport managers to be more aware of the need for precise route planning. Agency drivers were mentioned in dispatches and Safeway Stores' Ray Attree raised concerns about the possible dangers caused by a combination of adverse cambers and air suspension. Geoff Day, the ETA's manager of engineering policy, was on hand afterwards to clarify some popular misconceptions and highlight the dangers. "Air suspension is kinder to vehicles and roads but there are two problems," he said. "The 150mm variation in the regulation is to cope with spring deflection between a laden and an unladen vehicle: not, as some people think, so that they can couple trailers within 150mm to it. If I couple up a laden trailer, then find another one 150mm higher, yes I'm OK, What is not acceptable is to couple to another laden trailer 150mm higher and continue to show the same height when this trailer is unladen. This might be 300mm higher than the original marked height.

raised area before the bridge, an air suspension will lift up because the weight has come off it," be added. "Because it's damped it will take some time to settle back to its height. I may be running up to 85rnm higher than my normal running height. If the road profile was wrong and there is a low bridge immediately afterward, I could be running higher than I genuinely set it, with unforeseen results."

The FTA's head of consultancy, Dave Green, explained the significance of the proposed concessions on Vehicle Excise duty for environmentally minded operators, while Peter Sewell updated delegates on proposals for computerising and updating the 0-licensing system. This included an idealised view of the administrative and enforcement benefits which might be provided as a result of a national computer database.

PC Trevor Paffett of the Kent County Constabulary concurred with Sewell's support for such a system while confirming most hauliers' view that such a database will not be on line for a long time to come. Owen Thomas, the FTA's new head of engineering policy, highlighted real fears about the proposals to amend 0-licence qualifications. Plans to make a single serious offence reason enough to revoke an 0licence could force the Transport Commissioners to take a hard line by removing their current freedom of action. There is obviously more work to be done in this area, if only to establish a clear and acceptable definition of the term "serious".

Operators generally accept the need for second-generation tachographs, but seemed genuinely pleased to be enlightened about the possible benefits that might be expected from the introduction of a smart card-driven digital tachograph. The required technical specifications include:

• Recording equipment in the vehicle must be capable of holding at lecist a year's data on driver and vehicle activities;

• A driver-specific smart card must be capable of holding 28 days' worth of data;

• Information in the memory must include information on distance travelled; vehicle speed; driving time; other work; breaks and rest periods; driver card number with insertion and removal times; the exceeding of predetermined speeds; and information about other vehicles the card has been used with.

Working in the background is the European Commission's Tachograph Technical Committee, which includes representatives of the EU member states and the EC. They will have to complete the detailed technical specification for digital tachographs by July 1998; new vehicles should have them fitted two years after that date,

Thomas explained bow this second-generation equipment might lead to improved vehicle management systems for hauliers—and

For the authorities.

But the delegates' appreciation of European legislation soon changed as Thomas spelled out a threat to the competitiveness of some own account-operators under the EC's much misunderstood Working Time Directive (WTD).

The WTD calls for:

A minimum rest period of 11 consecutive hours in 24; o Rest break after no more than six hours; • Weekly rest of at least 24 hours; • A minimum of four weeks' paid leave;

• A maximum 48-hour working week;

• An average maximum shift of eight hours for night workers with regular health checks.

A WTD consultation document published in July explained many of the proposals, but also raised questions about many more.

Inevitable amendments to the drivers' hours regulations, generally referred to as EC regulation 3820/85, will affect every operator in the business. "However," said Thomas, "until the Commission comes up with some thoughts, we don't know whether all of this is going to be a minor inconvenience or a major disaster."

For some own-account operators, disaster is already a distinct possi bility. Thanks to a partic

ularly bizarre interpretation of a WTD clause which ensnares own-account operators, while easing the burden on employers and drivers everywhere else in the rail, maritime, air transport and road haulage sectors.

"Hire-and-reward operators would be subject to the same revised 3820 regulations and a much diluted working-time direc

tive, including health and safety assessments and the four weeks annual leave," said Thomas.

account operators would also have th added eight hours maximum in 24 for nig workers. Any overnight operation would b rendered uncompetitive.' Seminars such as these provide a platfort for operators to air their views They are als bound to use them to judge if their trod body has correctly identified the issues th affect its membership adversely—and if it advising them of every business opportuni that might arise. Judging by the response the Kent roadshow, the FTA is getting thin just about right.

Li by Steve McQueen.


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