About: christabel

Recent Posts by christabel

Applications now open for ECMT permits

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.
more

SRA regulatory requirements

All work is undertaken by myself. I am a qualified solicitor with 16 years experience. Below is a copy of the firm's complaint procedure:- Christabel Hallas Solicitor Complaints Handling Policy Complaints policy I am committed to providing a high-quality legal.
more

Trailer registration to take effect late 2018

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.
more

More vehicles to be subject to operator licensing.

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.
more

European Court decisions after Brexit

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.
more

EU looks at revision of driver CPC requirements

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.
more

EU members states in disarray over weekly rest

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,.
more

Where now after Brexit?

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.
more

Proving finance for an operator’s licence

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.
more

Increased penalties at driver conduct hearings

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.
more

How secure is your load?

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.
more

Road traffic offenders to be traceable across the EU.

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.
more

Changes to finance requirements

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. .
more

Changes to the tachograph rules

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.
more

More deadly sins?

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.
more

Driver CPC deadline – what next?

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.
more

Scottish independence and its effect on operator licences

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.
more

A period of grace is not an automatic right.

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.
more

The seven deadly sins not to commit at a Public Inquiry

Been called to a public inquiry before the Traffic Commissioner, don’t fall foul of these mistakes:-
  1. Failing to take the matter seriously. You may have heard horror stories or that someone else appeared before the Commissioner and “it was.
more

Declaring offences to the Traffic Commissioner

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,.
more

Confusion leads to loss of operator’s licence

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.
more

Change in finance levels for Standard operator licences

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.
more

When is a vehicle being used for carrying passengers?

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. .
more

VOSA issues guidance for white vans

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.
more

Costly VOSA investigation

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..
more

Changes to the requirements regarding finance.

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.
more

EU ruling on tachograph fines

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.
more

Stuck in traffic – no joke

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.
more

Being green – but still need a tachograph

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.
more

Changes to drink drive laws

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.
more

Car insurance – is yours valid?

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.
more

Getting the message across

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.
more

New drivers – make sure that you are insured.

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.
more

Change of Mind – Guilty Plea Driving Offence

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.
more

Legal costs – a victory for the innocent

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.
more

Taking the penalty

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.
more

Driver unable to find safe parking

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.
more

How soon do I need to report an accident?

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.
more

Careless talk costs points on your licence

Don’t get caught this Christmas with an unexpected present in the form of points on your licence. A recent Transport Research Laboratory study shows that more people are continuing to use hand held mobile phones, despite the fixed penalty having.
more

Beware of the dangers of summer drinking

The government is about to launch a campaign to persuade people of the consequences and dangers of summer drinking and driving, not only on the number of fatalities and serious injuries, but also the personal consequences on the defendant, which.
more

New L plate proposals

The Government has introduced proposals to reform L plate proposals and the system by which we learn to drive. This is in an attempt to cut the number of road deaths, particularly amongst newly qualified drivers. The Driving Standards Agency intends.
more

Recent Comments by christabel

    No comments by christabel yet.