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Keep it 1 icensed
Page 38
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Soon unlicensed trucKs will get short shrift and big fines. That's dandy, as long as the DVLA has accurate records. Adam Hill reports.
VEHICLE LICENSING regulations are about to change.At the moment, if you have an unlicensed truck an enforcement officer has to spot it on the road before a penalty notice can be issued.
But from January 2004 the onus will be on the operator to keep the DVLA up to date. Continuous licensing means there will be an automatically generated penalty of £80 if you fail to relicense a vehicle and a new criminal offence of being the "registered keeper of an unlicensed vehicle" will target persistent offenders. This carries a minimtun fine of £1,000.
The timing of the new law's introduction is still subject to approval from the Treasury. This is appropriate, as the regulation change is designed to provide cost-e ffecti ve enforcement and reduce vehicle excise duty evasion.
That's all well and good in theory, but the system has a flaw: it will stand or fall entirely on the accuracy of the DVLA's records The FreightTransportAssociation welcomes the aims of the legislation but has misgivings about the fine print. Sally Thornley, the FTA's manager, road transport law, says:"It will introduce increased liability for operators.Previously you would have had to be on the road without a licence for a prosecution to be pursued.
"The civil penalty is the first you'll be liable for, but for persistent offenders there is the criminal offence of keeping an unlicensed vehicle. But operators need assurance from the DVLA that their records will be accurate."
Filling in a Statutory Off-Road Notification (SORN) on a vehicle would exempt you from the penalty, but the FTA is concerned that a postal delay could result in the DVLA automatically issuing a penalty before receiving the SORN form.
"Another significant loophole is that the legislation doesn't define who the 'keeper' can or cannot be," says Thornley. "Someone who's serious about avoiding liability could register in the name of their underage daughter or dog."
The DVLA promises to respond promptly to SORN forms by sending an acknowledgement confirming the update.
Most operators seem relaxed about the new regs. "On the face of it this is not too sinister," says Gerry Jones, MI) of Newport-based Gerry JonesTransport Services."The people that have to worry are the ones flouting the law anyway. You have to fill in a SORN already; this will add a small amount to the administrative burden.
"If you're running a fleet and a vehicle's not taxed for some reason you fill in the appropriate form. For professionally run companies there's not a problem. We're wrapped up in so much legislation that a bit more won't hurt — this isn't the straw that will break the camel's back."
Brian Lee, MD of Allan Morris Transport in Deeside, does not foresee any great problem when it comes to the DVLA updating records: "I'm pleased about it. I'm not the most organised but I don't have a problem with it because we're trying to run an honest company.
"If we communicate with the DVLA now we do it by e-mail, fax or letter so there would always be a copy.At the moment,unless the authorities saturate the place with enforcement officers, people can get away with it."
Thornley suggests that the DVLA should make the mechanics of continuous licensing easier for hauliers: "We need the introduction of electronic vehicle licensing. It is incredible in this day and age that you still have to go to a Post Office — you should be able to tax a vehicle in a similar way to renewing a TV licence. At the moment it's all sticks and none of the carrots" •