Category Archives: Topic of the Month

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.
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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.
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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.
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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.
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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,.
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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.
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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.
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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. .
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Perils associated with a winter wonderland

Although some may be hoping for a white Christmas and for children the recent cold snap brought the pleasure of being able to play in the snow, for motorists, the winter weather brings additional problems. For those who are unfortunately.
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New provisions for careless driving.

Changes to sentencing guidelines and the part introduction of provisions of the Road Safety Act during August 2008 have meant a shift in the emphasis placed on careless driving. The changes will hit home the message that driving involves control.
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Blue badge parking – abuse and reform

As the population ages and parking becomes more expensive, so the temptation has increased to abuse the blue badge parking scheme. The scheme currently operates under The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 and is administered.
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All change to operator licensing

The current rules regarding obtaining an operator’s licence, employing transport mangers and the Traffic Commissioners’ powers have been in place since the mid 1990s. However proposals are afoot to make a change to operator licensing According to Jaques Barrot, the former.
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Your NIP is in the post!

For certain offences and subject to certain exemptions, the law requires that the defendant must have either been warned at the time of the offence of the possibility of prosecution or served with either a summons or notice of intended.
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