The text of the deal reached on 24 December 2020 has now been published and brought into effect. The publication includes a section on the transport of goods by road and associated appendixes. Much of the familiar content.
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About: christabel
Recent Posts by christabel
Caught in a jam – changes to EU drivers’ hours rules effective from 20 August 2020.
Posted by christabel |
A not uncommon scenario for professional drivers is being caught up in the aftermath of an accident on the motorway. They are struck in a queue of traffic waiting for the motorway to re-open or to pass the cause.
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On-line checker to help prepare for clean air zones.
Posted by christabel |
A new service has been launched to help drivers and businesses prepare for the introduction of clean air zones in cities outside London. The scheme currently allows drivers to check whether their vehicle will be affected by the charges proposed.
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Do drivers’ hours rules assist with animal welfare?
Posted by christabel |
Should an exemption from the requirement to comply with the tachograph and drivers' hours rules be extended to cover livestock wholesalers who collect animals from farms and take them to slaughter? That was the question recently put to the European.
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Seriousness of driver conduct hearings reflected in proposed amendments.
Posted by christabel |
The Senior Traffic Commissioner has recently launched a consultation on changes to how Traffic Commissioners will conduct driver conduct hearings. The proposals confirm the seriousness with which Traffic Commissioners consider the behaviour and conduct of professional drivers; any driver called.
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No escape from tachograph infringements
Posted by christabel |
Can a company or an individual be prosecuted for failing to undertake a download of the driver's card or undertake downloads from the company card if that offence comes to light at a road side check in another EU member.
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Applications now open for ECMT permits
Posted by christabel |
Those operators who are eligible to apply for a ECMT permit to undertake international work post Brexit need to be applying for permits now as the application process for 2019 permits closes on Friday 21 December 2018.
As has been well.
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Slight increase in financial standing levels announced.
Posted by christabel |
It is that time of the year again when the level of finance which is required for operating a standard goods vehicle operator's licence is announced.
With effect from 1 January 19 the amount which an operator will be.
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Government confirms criteria upon which International Road Haulage Permits will be granted.
Posted by christabel |
The Government has taken steps to maximise the amount of goods that can be moved abroad and protect the interests of UK operators post Brexit.
Although negotiations are still ongoing regarding any Brexit deal, the Government has now issued guidance on.
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Trailer registration to take effect late 2018
Posted by christabel |
The Government has published more details of its proposed Trailer Registration Regulations. The Government is having to bring in a scheme for registration of trailers in order to reduce the risk of UK trailers being subject to enforcement action in.
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Exemptions from goods vehicle operator licensing due to change
Posted by christabel |
For many years mobile plant which also carries goods used in connection with the plant have been exempt from the requirement to hold a goods vehicle operator's licence. The Regulations which granted this exemption are due to change on.
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Government asking for views on regulation of international haulage post Brexit
Posted by christabel |
The Haulage Permits and Trailer Registration Bill is currently before Parliament and subject to a consultation process which closes on 20 June 18. The Bill has been drafted so that there can be a system of permits for UK.
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Changes to exemptions from holding an operator’s licence for electrically propelled vehicles
Posted by christabel |
The government has recently announced a suite of changes to encourage the uptake and use of electrically propelled vehicles. Changes are being introduced to exempt vehicles with a maximum permissible mass not exceeding 4.25 tonnes from goods vehicle.
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Christabel attends a reception at the Houses of Parliament
Posted by christabel |
Christabel was invited to contribute to the 2018 Law and Justice Edition of the Parliamentary Review, which aims to share best practice amongst policy makers and business leaders. The publication includes forwards by the Prime Minister and Law Society.
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Government proposals to modernise the reporting of accidents.
Posted by christabel |
It is estimated that 82,000 accidents are reported to the police each year. Each one of these involves a member of the public taking time out from their usual schedule to report the accident and so proposals to modernise the.
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Driver CPC – does carrying a mobile phone qualify as an exemption?
Posted by christabel |
It is now some 10 years since the introduction of the driver CPC regulations. There is an exemption from the requirement to undertake the training and carry the qualification card for a person driving a vehicle carrying materials and equipment.
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More vehicles to be subject to operator licensing.
Posted by christabel |
The government has published its response to a consultation on extending the scope of operator licensing. It was thought that the some of the exemptions to operator licensing may no longer be justifiable. In particular the government consulted on removing.
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Traffic Commissioners get tough on inadequate brake testing.
Posted by christabel |
In a recent press release the Traffic Commissioners for Great Britain are warning commercial vehicle operators to improve their approach to brake testing. The Traffic Commissioners are concerned that despite the Bath manslaughter case, far too many operators are just.
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DVSA to start issuing fines for taking a weekly rest in a vehicle.
Posted by christabel |
With effect from 1 November 17, DVSA will start to fine drivers up to £300 if they spend their full weekly rest break in their vehicle, if their vehicle is in a place where it causes a problem. This may.
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EU proposals for operator’s licences for light goods vehicles.
Posted by christabel |
The European Commission has recently published a draft proposal for a new regulation to bring light commercial vehicles within the scope of operator licensing.
Last year the Commission undertook a public consultation exercise and concluded that the present regulation was only.
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European Court decisions after Brexit
Posted by christabel |
Earlier this month, the President of the Supreme Court, Lord Neuberger, called for greater clarity over the legal position of decisions of the European Court of Justice, following Brexit.
European Court decisions are at the heart of our transport law. For.
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EU looks at revision of driver CPC requirements
Posted by christabel |
Draft proposals have been produced to amend the EU directive on initial and periodic training. The proposals allow for the exemption of drivers working in certain industries.
Currently, anyone who drives a relevant vehicle is subject to the requirement to undergo.
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How much time should a transport manager spend on his work?
Posted by christabel |
When completing the TM1 form, the transport manager indicates how many hours he will spend each week on his transport manager duties. What is the position if he is unable to complete all his duties in that specified amount of.
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Mobile phones – two strikes and you’re out !
Posted by christabel |
Tougher penalties for using a hand held mobile phone whilst driving came into force on 1 March 17, which could have a knock on effect on operators’ businesses. The number of penalty points have increased from 3 to 6 and.
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EU members states in disarray over weekly rest
Posted by christabel |
The EU advocate general has recently published an opinion on whether or not a regular weekly rest can be taken in a vehicle. The case involves interpretation of EU Regulation 561/2006. A recent study indicated that of 24 member states,.
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Who is responsible for tachograph infringements?
Posted by christabel |
In a couple of recent cases that have come before the European Court, employers and drivers have argued over which one of them was liable for tachograph rule infringements.
In one case, Bulgarian drivers were stopped at a check point and.
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Financial implications of Brexit begin to bite.
Posted by christabel |
The government have announced the new financial standing levels for 2017. Although there is no change to the levels for restricted operators, there has been a large increase in the amount that the holder of a standard licence needs to.
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Mobile phone use – tougher penalties for those who break the law.
Posted by christabel |
The recent case of lorry driver Tomasz Kroker, who was found guilty of causing death by dangerous driving and causing serious injury by dangerous driving has yet again highlighted the potentially devastating consequences of using a hand held mobile device.
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Received a notice from another government agency – does it affect your operator’s licence?
Posted by christabel |
Holders of goods vehicle operator’s licences operate in a highly regulated commercial environment. Their businesses come into contact not only with the DVSA and Office of the Traffic Commissioner but also with many other government departments and agencies. There is.
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Where now after Brexit?
Posted by christabel |
Over the past years a significant proportion of my legal updates have included commentary on EU legislation or case law that has affected the haulage industry. We are now in unchartered territory and extricating ourselves from the EU is going.
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Are your drivers putting your good repute at risk?
Posted by christabel |
On 18 March 16, the European Commission published a new regulation which classifies offences and infringements into degrees of seriousness. This classification is then to be used as a basis for considering the good repute of the operator and for.
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For love or money – the role of the transport manager?
Posted by christabel |
Although many transport managers will love their jobs, what is the position if a transport manager does the job for the love it, rather than being paid?
These questions have recently been raised by a case heard before the Upper Tribunal. .
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Transport managers – Is yours up to the job?
Posted by christabel |
At the end of last year, the Senior Traffic Commissioner revised her guidance on the role of transport managers. For the first time the guidance includes detailed guidance and what a transport manager is required to do in order to.
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Slight reduction in finance levels for a standard operators’ licence
Posted by christabel |
With effect from 1st January 16, revised levels of financial standing came into force. The slight reduction reflect the annual re-alignment of the pound/euro rate.
The revised rates are now £6,650 for the first vehicle and £3,700 for every additional vehicle.
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European Commission gets tough on countries that haven’t established a national register.
Posted by christabel |
It is now four years since the implementation of EU Regulation 1071/2009. One of the major changes that came about following the implementation was the establishment of a national register. Operators may remember having to provide details to the Traffic.
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Family hobbies – could they end up costing you more than money?
Posted by christabel |
Many parents are keen to help their children make the most of their spare time. For a lot of parents this involves driving. However for some the implications could be more than just spending the weekend taxiing the children from.
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What is a preliminary hearing before the Traffic Commissioner?
Posted by christabel |
It is becoming more common for operators to receive a letter inviting them to a preliminary hearing before the Traffic Commissioner. What are these and how important are they?
A preliminary hearing is called, either if the Traffic Commissioner has concerns.
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Proving finance for an operator’s licence
Posted by christabel |
Operators are asked to provide financial evidence when they submit an application for an operator’s licence and if they are called to attend a public inquiry hearing before the traffic Commissioner. In both these circumstances, they are asked to provide.
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Increased penalties at driver conduct hearings
Posted by christabel |
The Senior Traffic Commissioner has recently published a draft Statutory Guidance and Directions document on Vocational Driver Conduct. The publication is currently out for formal consultation, which will close on 7 September 2015.
The draft, if adopted, will replace the 2011.
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How secure is your load?
Posted by christabel |
The DVSA has published a revised version of its guide “Load securing: vehicle operator guidance”. Over 2000 prohibition notices are issued each year to vehicles with insecure loads. The cost to the industry includes not only the costs of fixed.
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Removal of the paper driving licence counterpart
Posted by christabel |
On 8 June 15 the paper counterpart of the driving licence was abolished. The removal will have an effect on operators, who should now review their systems for compliance.
One of the undertakings made when applying for a goods.
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DVSA to allow more time for tachograph downloads
Posted by christabel |
Many operators are still falling foul of the requirement to download from the vehicle units, thinking that it is only a download from the driver’s card which is important. If DVSA are doing an investigation they will ask for.
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A Public Inquiry – what is it and what to expect?
Posted by christabel |
Recently the Upper Tribunal categorically re-affirmed that an appeal to themselves is not a second time around re-run of a public inquiry. But what is a public inquiry before the Traffic Commissioner and what should one expect?
Firstly,.
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Road traffic offenders to be traceable across the EU.
Posted by christabel |
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A directive is to be adopted by which the UK becomes party to a system of cross border exchange of information on road traffic offences. The new EU cross boarder enforcement directive was adopted by the European.
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Why correspondence with the DVSA and Traffic Commissioner’s office is important.
Posted by christabel |
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During the lifetime of an operator’s licence, it is likely that you will need to correspond with either the Office of the Traffic Commissioner, DVSA or both. The importance of getting this right could be more than what you.
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Proposals to remove some of the exemptions from operator licences.
Posted by christabel |
Changes could be afoot for those who operate volumetric concrete mixers, recovery vehicles, showman’s vehicles and mobile cranes. The government is currently consulting on whether or not these type of vehicles should continue to be exempt from operator licensing.
Recent.
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Changes to finance requirements
Posted by christabel |
The levels of finance needed for a standard operator’s licence are changing and have been slightly reduced with effect from 1st January 2015. The revised figures are £7000 for the first vehicle and £3900 for each subsequent vehicle. .
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Changes to the tachograph rules
Posted by christabel |
Changes to the tachograph and drivers’ hours rules will come into effect next year and will affect the construction and farming sectors. The EU has published a new regulation, part of which will come into force on 2 March 15.
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More deadly sins?
Posted by christabel |
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In 2011 changes were made to operator licensing following the introduction of EU Regulation 1071/2009. These included the power to call transport managers to a public inquiry and the introduction of the 7 most serious infringements which would lead to.
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Driver CPC deadline – what next?
Posted by christabel |
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September 10th is the deadline for truck drivers to have completed their CPC training. It will then be an offence for a driver to drive a vehicle which is subject to the Driver Certificate of Professional Competence requirement or for.
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Scottish independence and its effect on operator licences
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Should there be a Yes vote for Scottish independence in the forthcoming referendum, then there will be consequences for the haulage industry throughout the whole of the United Kingdom. As regards operator licensing much will depend upon whether a newly.
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A period of grace is not an automatic right.
Posted by christabel |
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Traffic Commissioners can grant a period of grace at a public inquiry but it is at their discretion. A recent case shows how important it is to go fully prepared to a public inquiry.
A recent Upper Tribunal case involved an.
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The seven deadly sins not to commit at a Public Inquiry
Posted by christabel |
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Been called to a public inquiry before the Traffic Commissioner, don’t fall foul of these mistakes:-
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- Failing to take the matter seriously . You may have heard horror stories or that someone else appeared before the Commissioner and “it was.
Tightening of tachograph rules for the civil engineering sector.
Posted by christabel |
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Some sections of the industry, who have relied upon an exemption from the requirement to use tachograph equipment, may find that they now need to install and use tachograph equipment in their vehicles, due to tightening of tachograph rules for.
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Declaring offences to the Traffic Commissioner
Posted by christabel |
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One question on the application form for a goods vehicle operator licence, which causes applicants problems related to declaring offences to the Traffic Commissioner. The introduction of recent legislation has made significant changes to the Rehabilitation of Offenders Act 1974,.
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Confusion leads to loss of operator’s licence
Posted by christabel |
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A case involving termination by the Traffic Commissioner of an operator's licence due to non payment of renewal fees has recently been heard by the Upper Tribunal, where the operator appears to have been misled by the dates specified on.
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Government reduces red tape and proposes making changes to tachograph rules.
Posted by christabel |
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As part of the Government’s incentive to reduce the burden on small businesses, it is proposing to changes to tachograph rules, including the maximum length of time between which an operator must take a download from the digital tachograph.
The current.
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Change in finance levels for Standard operator licences
Posted by christabel |
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There has been an increase in the amount of finance required for the holders and applicants for standard operator licences, reflecting a slight increase in the amounts needs. The revised figures are £7400 for the first vehicle and £4100 for.
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When is a vehicle being used for carrying passengers?
Posted by christabel |
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A recent case has shown that a vehicle does not have to be in motion, to be used for carrying passengers.
The case involved a company that had a contract with a local authority to provide a school bus services. .
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Traffic Commissioner revokes operator’s licence as transport manager unable to provide CPC certificate
Posted by christabel |
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A recent Upper Tribunal case shows that failure to communicate with the Traffic Commissioner’s office can have severe consequences as a transport manager was unable to provide CPC certificate, even though the transport manager finally provided a copy of the.
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European court gives ruling on sponsorship and the use of a tachograph.
Posted by christabel |
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The European court has given a preliminary ruling on whether there is an obligation to install and use of a tachograph when a vehicle is being used for the non commercial carriage of goods, particularly taking a rally car.
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Transport manager warned by Traffic Commissioner of importance of forms.
Posted by christabel |
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A recent case has highlighted the importance of providing VOSA and the Traffic Commissioner’s office with requested information. The case involved the request that was made to all transport managers prior to the implementation of changes in the operator licensing.
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VOSA issues guidance for white vans
Posted by christabel |
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VOSA have recently issued a best practice guide for the van industry. In the introduction, the Senior Traffic Commissioner, Mrs Bell, states that it has recently become clear that many vans and their drivers are not as safe as they.
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Think first before applying for a goods vehicle operator’s licence
Posted by christabel |
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Recent weeks have seen signs that the economy may be improving. Some may be thinking about submitting an operator’s licence application for the first time or increasing the number of vehicles which they currently operate. A recent case that was.
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Driver CPC – Government considers widening the exemptions.
Posted by christabel |
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The countdown to the cut off point for compliance with the 35 hours qualifying training is fast approaching; for drivers who hold a licence to drive a PCV, the date is 10 September this year and for those who hold.
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Your chance to comment on the effect of EU membership on transport law.
Posted by christabel |
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The government is carrying out a review of the balance of competences between the UK and the EU. As part of this exercise it is asking for evidence of what are the advantages and disadvantages to the UK of EU.
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Costly VOSA investigation
Posted by christabel |
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The courts have recently ruled that, when deciding the level of VOSA’s costs, there is no need to carry out an investigation as to how much of VOSA’s investigation had been successful.
The case involved an investigation into drivers’ hours offences..
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Driver CPC training -attending the course is not enough.
Posted by christabel |
For some time, at public inquiries, Traffic Commissioners have been critical of those who are leaving their driver CPC training to the last minute. However, Traffic Commissioners are looking for more than just attendance on the course.
In a recent case,.
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Public inquiry before the Traffic Commissioner – be prepared
Posted by christabel |
A recent case has shown the importance of being properly prepared for a public inquiry before the Traffic Commissioner. The operator had attended a public inquiry to consider an application for a new licence without the assistance of a solicitor..
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Changes to the requirements regarding finance.
Posted by christabel |
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Those holding standard operator's licences will welcome the slight reduction in the amounts required to prove financial standing to £7200 for the 1st vehicle and £4000 for each subsequent vehicle. However, perhaps more significant is a recent ruling which has.
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Transport manager grandfather rights – use it or lose it!
Posted by christabel |
Although it is now well known that Traffic Commissioners can make a ruling that a transport manager is no longer fit to practice, some are in danger of inadvertently losing their right to work as a transport manager.
The situation affects.
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You and your transport manager; one of life’s great partnerships?
Posted by christabel |
The days of a casual relationship with your nominated transport manager are long gone. Traffic Commissioners can and do take action against transport managers who are not fulfilling their statutory duties.
It is now nearly a year since Traffic Commissioners.
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Traffic Commissioners, finance and the rule of unintended consequences
Posted by christabel |
A couple of recent appeal cases have emphasised the importance that traffic commissioners place on an operator being of the correct financial standing. It is vital that if you are called to a public inquiry or asked to produce financial.
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Couple fall foul of s.172 requirement to advise who was driving.
Posted by christabel |
A recent case has looked at whether the notice requiring the registered keeper of a vehicle to identify who was the driver can be served on more than one registered keeper.
The appellants, who were husband and wife, were both nominated.
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Vehicle carrying catering kiosks – does it need an operator’s licence?
Posted by christabel |
VOSA have sought a ruling on whether a lorry carrying catering kiosks that were used for serving refreshments fell within the exemption to be a showman’s vehicle and therefore was exempt from the requirement for an operator’s licence and also.
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Had one too many, then beware of manoeuvring a vehicle even on your own property.
Posted by christabel |
A recent case has shown that if you are over the prescribed limit then even if you are manoeuvring a vehicle even on your own property, you could risk a prosecution for drink driving.
The case involved what was meant by.
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Changes to VOSAs operator compliance score – there will be nowhere to hide.
Posted by christabel |
It is now some six years since VOSAs operator compliance score was introduced. The changes which come into place at the end of April will mean that those who have avoided being called over for roadside checks may find that.
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EU ruling on tachograph fines
Posted by christabel |
The European Court has given a preliminary ruling on the legality of tachograph fines and offences. The case involved a driver who had failed to enter his odometer reading at the end of his working day.
Mr Urban is a Hungarian.
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Animal welfare transporter authorisation due for renewal
Posted by christabel |
EU regulation 1/2005 introduced the requirement for those who transport live vertebrate animals over a distance of more than 65kms and as part of an economic activity to hold animal welfare transporter authorisation.
These certificates are issued by the Animal Health.
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Traffic Commissioners issue guidance for applications for operator licences during the Olympics
Posted by christabel |
Proposals have been drawn up to allow for urgent applications to be made to vary an operator licences during the Olympics, in order for businesses to continue to make deliveries during the Olympic Games. Such variations may include specifying a.
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Stuck in traffic – no joke
Posted by christabel |
Although the government have made limited provisions for the relaxation of drivers' hours rules, if stuck in traffic during this severe weather it is worth remembering the Article 12 provisions that allow deviation from the drivers' hours rules
The provisions state.
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A new approach from Traffic Commissioner to public inquiries
Posted by christabel |
Fundamental changes to the rules regarding public inquiries and the role of traffic commissioners are now in place. The changes result from the adopting of a 2009 EU Regulation and its incorporation and resulting amendment to the Goods Vehicles (Licensing.
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VOSA introduces new application form for an operator’s licence
Posted by christabel |
Those looking for a goods vehicle licence will now have to complete the new application form for an operator’s licence, which is more stringent. The new VOSA form shows that Traffic Commissioners are getting tough on those who fail to.
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Operator licence holders – don’t miss the 17 October deadline
Posted by christabel |
There are new changes for operator licence holders which will affect holders of standard national and international licences. A new register of licence holders is being created with the aim of improving the information available about operators and their transport.
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Being green – but still need a tachograph
Posted by christabel |
In a recent case looking at the exception from the requirement to comply with the EU drivers’ hours rules and use a tachograph, the European Court has given a preliminary ruling that it is not willing to extend the exemption.
It.
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Tachograph offences – what constitutes driving?
Posted by christabel |
A recent court case has clarified the position about what a driver needs to record on his tachograph to avoid tachograph offences.
Drivers are often confused about what the position is if they go out to take over a vehicle, fitted.
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Face to face with the Traffic Commissioner
Posted by christabel |
So you know the time and place for the public inquiry and what the public inquiry is about, but how well prepared are you to come face to face with the Traffic Commissioner?
Here are 6 points to bear in mind.
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- Realise.
Traffic Commissioners get tough with Transport Managers
Posted by christabel |
New regulations which will apply from December 2011, propose to regularise the relationship between an operator and his transport manager, meaning the it's likely to see Traffic Commissioners get tough with Transport Managers.
There will need to be a contract.
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Financial standing for operators – another nail in the coffin of the small haulier?
Posted by christabel |
With rising fuel costs and general price inflation, the new EU Regulation on Access to the Occupation of Road Transport Operator may be just what the industry does not want to hear.
The Department for Transport is currently seeking consultation on.
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Changes to drink drive laws
Posted by christabel |
The government has introduced proposals to overhaul the drink drive laws, which are being heralded as the biggest changes in over 40 years.
Although there are no proposed changes to the legal limit, there are significant changes in the procedure that.
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Car insurance – is yours valid?
Posted by christabel |
Recently introduced legislation aims to target those drivers who drive without car insurance. Under powers introduced last month, it is not only an offence to drive an uninsured vehicle but also to keep one.
If you are the registered keeper of.
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An operator’s licence or not an operator’s licence?
Posted by christabel |
What is and is not a goods vehicle, do I need an operator’s licence or not an operator’s licence? These are not as easy questions as you may think. A recent case has given some clarification to this difficult problem.
It.
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Getting the message across
Posted by christabel |
When communicating with the Traffic Commissioner or the Licensing Unit's office, make sure that it is effective, to the point and reflects well on you as an operator.
There are various times when you need to convey information, be it notifying.
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New drivers – make sure that you are insured.
Posted by christabel |
In the euphoria of passing your driving test, don’t forget that the Road Traffic (New Drivers) Act 1995, establishes a two year probationary period for newly qualified drivers. If you accumulate 6 or more points during that period then the.
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Change of Mind – Guilty Plea Driving Offence
Posted by christabel |
A recent case has shown the when served with a summons, the defendant should consider the matter carefully before submitting a guilty plea.
The defendant had pleaded guilty by post to a driving offence. He then received notification that the.
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Legal costs – a victory for the innocent
Posted by christabel |
Potential defendants should welcome the recent ruling made against plans for those found innocent to bear a greater proportion of their legal costs.
Regulations introduced last year significantly reduced the amount that an innocent defendant or one against whom charges had.
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Taking the penalty
Posted by christabel |
Provisions contained in the Road Safety Act 2006 came into force at the end of March 09, meaning that there are new powers for the Police and VOSA to impose fixed and graduated fixed penalties for a variety of construction.
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Driver unable to find safe parking
Posted by christabel |
A recent court case has emphasised the need for a driver to mark the back of his tachograph chart or make a manual entry if there are emergency reasons to depart from the drivers’ hours rules.
Many professional drivers are familiar.
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How soon do I need to report an accident?
Posted by christabel |
Don’t fall foul of the requirements to report an accident and risk having a minimum of 5 unnecessary points on your licence.
Do I need to report an accident? Yes! The Road Traffic Act 1988 makes it clear that where there.
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