NEW SMALL TRAILER OPERATORS LICENSING REGULATIONS

There are more and more small vans and trucks getting pulled over due to the new O license changes.

For further information go to http://transportlegal.co.uk/changes-to-o-licensing/

Or contact Transport Advisory Consultants Ltd on 01375 671177

NEW SMALL TRAILER OPERATORS LICENSING REGULATIONS

There are more and more small vans and trucks getting pulled over due to the new O license changes.

For further information go to http://transportlegal.co.uk/changes-to-o-licensing/

The changes weve been telling you about are finally here. Since 4th December 2011, the rules on applying for and holding standard O-licences changed, as did the rules for transport managers.

A new national register of operators and transport managers has been created in the UK. The UK register will contain information from GB, Northern Ireland and Gibraltar and will be connected electronically to registers in other EU member states to improve the flow of important information about operators and transport managers.

Who the register applies to

The new national register applies to:

- Road haulage operators with O-licences in Great Britain, already within the scope of the existing European Community legislation and who provide hire or reward services.

- Operators of road vehicles designed to carry ten or more people (including the driver) with O-licences in Great Britain  who carry passengers for hire or reward under a standard licence within the UK and the European Community.

Northern Ireland has its own O-licensing regime for both goods and passenger vehicles, and will provide its own information for UK register.

What did you have to do now?

Last September, the Office of the Traffic Commissioner sent questionnaires out to all standard O-licence holders listed within the operator licensing database. For most of you, the return of the questionnaire is all that will be needed.

The questionnaire has been designed so that each operator can provide the information required for the national register and show that they are compliant with the new EU Regulations.

Most operators have responded to the questionnaire, but there are still a number who have not yet done so. It is vital that the outstanding questionnaires are completed and returned immediately.

Transport Managers

Transport managers with Certificates of Professional Competence (CPC) do not need to take any action as their qualifications remain valid. Those with National CPC only may upgrade to International in 2012 if they wish, but it is not a requirement of the EU regulation.

Transport Managers with recognised trade body CPC exemptions should have received new numbered certificates from their trade body by now. If you expect a certificate but haven’t yet received it, contact your trade body.

Transport manager acquired rights have replaced transport manager grandfather rights. Grandfather rights holders on an operators licence will normally receive an acquired rights certificate in response to a completed operator questionnaire. Grandfather rights holders not on a standard operator licence who want to gain acquired rights will need to make an application before December 2011.

Small Trailers

Since 4th December 2011, small trailers towed by a vehicle under 3.5 tonnes and used for hire or reward are no longer exempt from operator licensing. Therefore, if you are carrying other people’s goods for hire or reward (e.g. working as a courier or freight transport business), the weight calculation must now include any trailer attached (irrespective of the trailer’s weight). If the vehicle and trailer combination exceeds 3.5 tonnes gros plated weight  – or where there is no plated weight, exceeds an unladen weight of more than 1525 kg – a standard O-licence will be required.

The original exemption for a trailer with an unladen weight of less than 1,020 kg still applies as before where the person using it is not carrying other peoples’ goods for hire or reward. In such cases, the weight of the trailer can be ignored for the purposes of adding up the total gross weights or unladen weights to determine whether an operator’s licence is required.

Extracted from Moving On magazine

the introduction of the new version of the ADR (the European Agreement on the International Carriage of Dangerous Goods) in January 2011 saw a number of changes which impacted on companies from the full force of operational changes for a period of time, giving those affected a chance to consider the best way to implement any amendments. These measures have now come to an end.

All of the new version of the ADR agreement had to be adopted by 30th June 2011. Changes included an update to the instructions in writing, a change in the classification criteria for environmentally hazardous substances and the marking of packages containing such goods, and the revocation of the requirement to add a technical name to many substances allocated to UN Numbers known as ‘N.O.S.’ – entries. the most important amendment to the regulations, however, has been the change to the Limited Quantity packaging regime. There is a new requirement for training of staff involved in the packing, marking loading and transporting of such goods and need for vehicles to be marked when carrying more than 8,000kg of such goods.

The international Maritime Dangerous Goods (IMDG) Code will be updated in 2012 ensuring harmonisation of these vehicle markings across both made. Currently the letters ‘LTD QTY’ require to be marked. Remember though that vehicle markings for journeys including a sea-leg are required for all quantities of goods packaged in limited quantity format!

Other harmonisation changes include the requirement for staff to be trained prior to the commencement of their duties,  unless they can work under supervision. A new ADR requirement giving unloaders responsibilities was also introduced this year. Unloaders should check goods against transport documentation, check for damage to the vehicle/ containment system, remove residues, close valves and ensure that any vehicle markings are removed were required.

Another new requirement is a mark on IBCs (Intermediate Bulk Containers), indicating whether the IBC in question can be stacked and the maximum mass that is allowed to be imposed. Old, repaired IBCs, also need this mark since January 2011; however this mark is not required after the regular periodic inspections and tests are due.

Extracted from Freight magazine

The public row that saw traffic commissioners (TCs)

accuse VOSA of undermining their judicial independence has been described as a ‘crisis’ by TC for Scotland Joan Aitken.

In the TCs’ Annual Report 2010-11, Aitken comments on the December 2010 spat in which the TCs spoke out against plans for them to report on their expenses, leave, working time nad hospitality to VOSA’s chief executive Alastair Peoples, and former Senior TC Philip Brown.

North-West TC Beverly bell and Western TC Sarah Bell reacted with anger at the time, although Brown attempted to play down the conflict.

However, in the report, published this week, Aitken says: “In December a crisis was created whereby statements by the chief executive of VOSA created an impression of subservience of the traffic commissioners to his role. “Unfortunately this perception was not anticipated by the senior TC.

“Much work has had to be done to counter what was written then and not retracted in an acceptable manner.” Brown has since taken special leave for health reasons, and Beverly Bell assumed his responsibilities as Deputy Senior TC.

Aitken goes on to say how, at a meeting in March attended by the TCs, the VOSA chief executive gave the “clearest of assurances” that he valued and supported their independence. The outcome of the meeting was the promise of a framework document, which will set out their responsibilities so there can be clarity for the future.

Extracted from Commercial Motor

The Driver CPC training gap has reached five million hours, with almost half of the UK’s logistics firms set to miss the 2014 legal deadline, according to new research.

HGV drivers in Europe are required to have completed 35 hours of training by September 2014, but the FTA estimates that, more than two years after the clock started counting down, some 46% of its members are set to miss the deadline – based on the assumption of seven hours of training undertaken each year over 60 months.

Isobel Harding, FTA national training manager, says: “Tough trading conditions, high fuel costs and traditionally slim profit margins mean that budgets are being stretched across the industry.

“While awareness of these training obligations is high, there is a manifest reluctance from the industry to invest in training drivers when there is a good chance that by the time the deadline comes around those same drivers might be working elsewhere.”

Another issue surrounding Driver CPC training is the perceived quality. The Driver Standards Agency is currently handling seven formal complaints in regards to the training provision.

Extracted from Commercial Motor

Unite’s call for more VOSA funding to catch those pushing drivers too hard has won support from operators. The union is concerned that long hours and unreasonable routing is contributing to accidents, with the impact of this cumulative grind meaning some firms are operating on “the edges of legality”.

Matt Draper, Unite national officer for road transport, says: “We are seeing  the amount  of hours drivers are expected to work continually rise.” It is calling on Transport Secretary Justine Greening to boost VOSA’s resources so that it can carry out more checks.

Richard Fry, director of Framptons Transport Services, agrees. “It’s not endemic but there will always be some [that will do this], the sorts based down the back lanes. Big companies like ours are easy to get to, but VOSA really needs the resources to target these small operators out of hours.”

Andy Boyle,MD of ABE (Ledbury), says the nature of the firm’s work with agricultural clients means there are times when drivers are asked to go the extra mile. “We need to move goods when clients require it.”

However, Boyle says enforcement must be up to scratch and supports more cash for VOSA so that they can provide an effective deterrent. Liam Quinn, owner of Quinns Transport, adds: “If you ask a driver who is working for minimum wage for 48 hours a week, they would love to work for 60 hours a week to earn more money.”

Extracted from Commercial Motor

An owner-driver who fiddled his drivers’ hours records by using the name of a former employee has been jailed for 30 weeks.

Mold Crown Court was told how Wrexham-based Andrew Clorley, 48 who traded as A Clorley Transport, admitted flouting tachograph regulations on 11 occasions, by using a fresh sheet in the name of Eric Groves, a driver who had left the business.

At the time of the offences, Groves was not in the UK. Clorley regularly drove his 44-tonne artic loaded with chipboard from Kronospan at Chirk down the A470 to south Wales.

However, a VOSA investigation found that on seven occasions he had driven more than 13 hours a day when the limit was nine. He also failed to take the required daily rests. On one of the days, Clorley had driven for a total of 14 hours and 12 minutes.

James Cullen,  defending, said  that Clorley had at the time been £72,000 in debt, and feared that if he was jailed he would lose the business and his home. However, Judge Rhys Rowlands told the hearing the fact Clorley was driving along difficult road, and over long distances, in an artic had created a “very real danger” to himself and other drivers. The judge said: “You were behind the wheel of a very large vehicle, driving long distances around Wales, when it would have been unsafe for you to have been driving.”

Alex Fiddes, VOSA operations director, says: “Drivers’ hours regulations are there to ensure that people who use the roads are safe. Tired drivers are dangerous drivers, one in six motorway deaths result from drivers being too tired, so it is vital that HGV drivers stick to the rules and take proper rests. “The sentence demonstrates how seriously the courts view such breaches.”

Extracted from Commercial Motor

A Dorset manufacturing firm has been fined £10,000 after a delivery lorry driver was run over by a forklift truck.

Kelvin Davey, 61, from Verwood, Dorset, had both his ankles and lower legs broken when the forklift truck reversed into him at Verpals Ltd’s Dorset site on 9th March 2010.

Bournemouth Magistrates’ Court heard that there was not enough separation of the work area used by both pedestrians and forklift trucks at the premises.

Although Mr Davey has now returned to work at the company, which manufactures ventilation accessories for the white goods industry, his injuries were initially thought to be severe enough to have ended his career.

Verplas Ltd, pleaded guilty to Section 2 (1) of the health and Safety at Work etc. Act 1974 and were fined £10,000 and ordered to pay costs of £2,407.

Extracted from Transport Operator

Tachograph manufacturer VDO has launched Release 1.4 of its DTCO 1381, which offers enhanced fleet efficiency and productivity, the company says. The release incorporates the ‘one-minute rule’. This allows the system to calculate driving time according to the new EU regulation 1266/2009, which states that: “the whole minute shall be regarded to be of the same type of activity within the minute (or the latest of equally long activities)”. efficiency

This means that, for a driver on a delivery whose vehicle becomes stationary after 29 seconds of driving within a calendar minute, and is at work for the remaining 31 seconds, the whole minute will be recorded as work rather digital tachograph also features a Fast Download function, for significant time savings when downloading data; and user-friendly graphical printouts, for quicker and easier data evaluation, including detailed speed and seven-day mode activity profiles.

An interface for downloading driver card and digital tachograph data remotely, via GPRS or WLAN, is also included, as well as an early warning function when a driver card is about to expire or a periodic inspection is due.

Extracted from Transport Operator

With the ‘one-minute rule’ coming into force from 1st october 2011, all new trucks must now be fitted with a tachograph which incorporates the changes. The SE5000 Exakt from Stoneridge, which incorporates the one-minute rule, was launched six months ago – and the company says it has now helped more than 5,000 operators see how much driving time they can gain through the Stoneridge Comparison Tool.

by uploading  their VU data, operators have gained a total of over 700,000 extra drive minutes. With an average of 45 minutes’ extra driving time per driver per day, Stoneridge suggests, the SE5000 Exakt could pay for itself in less than eight weeks.

In addition, the time-saving could mean fewer infringements, increased deliveries for fleets, and higher revenue for their business.

Extracted from Transport Operator

The Driver CPC legislation is amended so holders of driving licences issued in the Isle of Man, the Channel Islands and Gibraltar can obtain the qualification, variations in implementation in other Member States is recognised , and to include a Secretary of State’s review of the rules every five years.

Extracted from Freight Magazine

An EU regulation (1222/2009) requires all new tyres on sale in Europe to be classified and labelled for fuel efficiency, wet grip and noise performance. The labelling will be similar to that required for household appliances and potential buyers will be able to compare tyre characteristics before making a purchase. Like the European energy label , the tyre label will use classes ranging from best performance (green ‘A’ class) to worst (red ‘G’ class). Besides indicating how much the tyre affects the vehicle’s fuel efficiency, it will also give information about its performance in wet conditions and its external rolling noise in decibels.

Extracted from Freight magazine.

Proposals for the introduction of mandatory dedicated daytime running lamps (DRLs) have been adopted for all vehicle categories excluding trailers. DRLs must switch on when the vehicle ignition switch enables starting / running of the engine. The lamps are being phased in for new cars and vans already and will be built into other vehicle categories, including trucks, from August 2012. There are no plans to retrofit or for older vehicles to have to use other lights when driving in daylight.

Extracted from Freight Magazine

In summer 2012 a total of 34 venues in London and across the UK will be used to host the games. The Torch Relay will run across the UK from 18th May. The olympic Games will be held from 27th July to 12th august and the Paralympic Games from 29th August to 9th September. The increased demand for goods and services, together with the increase in visitors to the capital will have a substantial impact on transport operations.

Extracted from Freight Magazine

The DOE intends to amend the operator licensing system to mirror the of GB, including a system for restricted operator licensing, but with the exception of a Traffic Commissioner.

Extracted from Freight Magazine

Hgv, psv and MoT (car and light commercial vehicle) testing schemes and inspection manuals will change following a review in relation to additional items mandated under Directive 2010/48/EU. Revised requirements are introduced in January 2012 (with the exception of the change in brake testing procedures for hgvs and psvs to maximum authorised mass rather than design gross vehicle weight, which will be implemented at a later date). However, there will be a 3-month period where customers in all schemes will have the additional items introduced as a result of the directive examined, but a pass with an advisory notice will result if defects are identified. Statutory testing and defect failures will apply to vehicles tested after 8th April 2012.

Extracted from Freight Magazine

The London  LEZ covers all London boroughs and applies a Euro 3 standard to buses, coaches and goods vehicles over 3.5 tonnes. Vehicles that do not meet the standard have to pay a daily charge. The scheme will be tightened to Euro 4 and extended to light goods vehicles and minibuses in January 2012.

Extracted from Freight Magazine

New European legislation means the set figures from standard operator licence holders (€9,000 for the first vehicle and €5,000 for each additional vehicle) will be reset annually based on the Euro exchange rate on the first working day in October of the previous year.

Extracted from Freight magazine

Euro VI emission standards become mandatory for new vehicle types from 31st December 2012 and for new vehicle registrations from 31st December 2013. Reduced Pollution Certificates (RPCs), which give discounted rates of VED, will be available for those that purchase vehicles that adopt the standard before mandatory introduction from 1st January 2012. Reduced VED will be available for RPC holders until 31st December 2016.

Extracted from Freight magazine