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HGV Periodic (Roadworthiness) Testing - May 2018

The Department for Transport (DfT) has removed certain vehicles from the exemption from the annual MOT Test following a consultation process with operators and industry. This includes mobile or engineering plant, or specialised heavy vehicles constructed on or adapted from an HGV-based chassis and can encompass mobile concrete pumps, vacuum/suction excavators, truck mounted access platforms and mobile cranes mounted on a truck-based chassis.

 

Changes will be implemented through amendments to the Goods Vehicles (Plating and Testing) Regulations 1988. The legal changes will take effect from the 20th May 2018 and from this date, these vehicle types may be subject to an annual MOT test.

 

Equipment such as mobile cranes on a bespoke chassis which come under the Special Types Goods Order (STGO) Regulations will remain exempt from the annual MOT test. The CPA has introduced a voluntary scheme to cover plant which are equipped with a bespoke chassis.

 

There is no specific exemption for suction/vacuum excavators and other such vehicles. However, it is possible that they meet the definition of plant/engineering plant which is defined as:

 

Engineering plant and plant, not being engineering plant, which is movable plant or equipment being a motor vehicle or trailer (not constructed primarily to carry a load) especially designed and constructed for the special purposes of engineering operations.

 

The intention of the DfT was the removal of the testing exemption for plant and engineering plant unless the vehicle is:

 

  - based on a bespoke (non-HGV) chassis; or

  - operating under the STGO.

 

These two caveats will apply consistently across all exemptions that are removed.

 

Equipment that operates above normal weights authorised via the STGO criteria would continue to be exempt. Any that operate within standard limits and on a lorry chassis could be subject to testing.

 

The vehicles affected are:

 

 

-  Engineering plant and plant (not being engineering plant), which is movable plant or equipment being a motor vehicle (not constructed primarily to carry a load) especially designed and constructed for the special purposes of engineering operations

- Tower wagons (truck-mounted access platforms)

- Road construction vehicles (but not road rollers and other specialised equipment not based on an HGV chassis)

- Electrically propelled motor vehicles registered since the 1st March 2015

- Tractor units pulling exempt trailers

- Motor tractors and heavy and light locomotives exempted under sections 185 and 186 (3) of the Road Traffic Act 1988, where these are based on a HGV chassis.

 

The Department for Transport (DfT) has adopted a phased approach for vehicles coming into the scope of testing.  This approach will allow the phasing in of the new requirements beyond 20th May 2018 and up to 20th May 2019, for most of the vehicle types affected. However, all vehicles will require a Goods Vehicle Testing Certificate before their Vehicle Excise Duty (VED) renewal date in the course of that year at the latest. This approach will smooth out the annual profile of tests and give industry more flexibility to balance out the testing of their fleet over a longer period. 

 

Detail of approach to phasing in testing 

 

Eligibility 

The phased approach is only for motor vehicles that:

  1. are not in the list of excluded vehicle types below
  2. were first registered before 20th May 2017
  3. are currently (until 20th May 2018) exempt from statutory roadworthiness testing but from 20th May 2018 are subject to statutory roadworthiness testing (the change being effected by SI 2017 No.849)  

All other vehicles must have a valid Goods Vehicle Testing Certificate in line with the statutory requirements. For newly-in-scope vehicles, this applies from the 20th May 2018. 

 

The following vehicles types are excluded from the phased approach (all these vehicles must have a valid Goods Vehicle Testing Certificate from the 20th May 2018):

  • motor vehicles to be used in international traffic,
  • mobile concrete batching plant (also known as volumetric concrete mixers) (owing to other potential regulatory changes applicable to them), 
  • newly-in-scope tractors (i.e. those with a design speed over 40km/h used for non-agricultural haulage beyond a radius of 15 miles from their operating base), 
  • trailers, of all types. 

 

Phased approach 

 

For this to apply to eligible vehicles, the following conditions must be met:

  1. a valid Goods Vehicle Testing Certificate must be held at the time of the vehicle’s first VED renewal date after 19 May 2018,
  2. for vehicles without a Goods Vehicle Testing Certificate after 19 May 2018, records of the date and outcomes of at least the most recent “safety inspection” (as opposed to general maintenance) must be available for inspection by enforcement authorities if required - the person undertaking the safety inspection must be technically competent and operationally aware of the safety standards that apply to the vehicles they examine,
  3. the safety inspection is required to be conducted in line with DVSA’s published guidance within the Guide to Maintaining Roadworthiness Manual,
  4. vehicles must be in a roadworthy condition at all times. 

 

Providing the above conditions are met, enforcement authorities will not take enforcement action for not having a valid Goods Vehicle Testing Certificate in place after 20th May 2018 and prior to the VED renewal date. Enforcement action may be taken if the vehicle is not in a roadworthy condition. 

 

 

Testing on the Scottish Islands

The directive means that all heavy vehicles and trailers on the Island of Bute will need to be tested for the first time, whether or not they are used on mainland Great Britain.

All other heavy vehicles and trailers based on the Scottish Isles will only need to be tested if they’re used on mainland Great Britain. This includes: Arran, Great Cumbrae, Islay, Mull, Tiree and North Uist.

 

 

Fast tractors

Fast tractors designed and built to do more than 40 km/h (24 mph), will also need to be tested if they’re used for transporting a load that isn’t related to agriculture, horticulture or forestry operations, and is used more than 15 miles from their depot.

 

They must be tested 4 years from the date of their first registration and then every 2 years thereafter.

 

You can find more information in the recent DfT consultation for ‘Roadworthiness testing for fast tractors and other technical changes to vehicle testing’ at https://www.gov.uk/government/consultations/roadworthiness-testing-for-fast-tractors-and-other-technical-changes-to-vehicle-testing

 

Defects found when testing

The directive will change how defects are categorised if any are found during the test. From the 20th May 2018, the Driver & Vehicle Standards Agency (DVSA) will define defects as either ‘Dangerous’, ‘Major’ or ‘Minor’. This will help operators to focus on what’s more important to road safety.

 

‘Dangerous’ and ‘Major’ defects

If the vehicle is found to have a ‘dangerous’ or ‘major’ defect, it will fail its annual test.

 

 

Minor’ defects

Defects identified as ‘minor’ will be viewed in the same way as ‘advisories’ currently are.

 

Emissions testing

As part of the directive, DVSA will be lowering limits for certain diesel engine vehicles, and testing instead to manufacturer values where appropriate. This means some changes will need to be made to diesel smoke meter software. [DVSA are working with the garage equipment manufacturers to make sure this update will be ready for customers by May 2018.]

 

 


 

London Ultra Low Emission Zone to start in 2019

The Mayor of London confirmed plans for the next major stage of his measures to help tackle London's air pollution and reduce harmful emissions with the early introduction of the Ultra-Low Emission Zone (ULEZ) in central London from 8th April 2019.

 

From April 2019 the ULEZ will replace the T-Charge, which was introduced on the 23rd October (see below), and operate in the same area, alongside the congestion charge but (unlike the T-Charge and Congestion Charge, which are only in place on weekdays) it will operate 24 hours a days, 7 days a week, 365 days a year. 

 

There will be two ULEZ charge levels:

 

- £12.50 a day for cars, vans and motorbikes

 

- £100 a day for lorries, buses and coaches.  

 

These charges will  be in addition to the Congestion Charge (C-Charge), so the most polluting cars and vans would pay £24 per day and lorries would pay £115.50 during C-Charge hours. All revenue raised will be used by Transport for London to help maintain a greener transport fleet and reduce pollution across the transport network.

 

The minimum standards for the ULEZ are:

 

- Euro 6 for diesel vehicles,

 

- Euro 4 for petrol vehicles, and

 

- Euro VI for lorries, buses and coaches, and other specialist heavy vehicles.

 

To see whether your fleet falls into scope or not, go to the Transport for London (TfL) website - https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/vrm-checker-ulez

  


 

 

Start date for London Emissions Surcharge

The London Emissions Surcharge (also known as the Toxicity Charge, or T-charge) came into effect on Monday 23rd October 2017.

 

It is expected to have a limited impact as it will only affect pre-Euro IV/4 vehicles (including cars). All HGVs going into any part of Greater London have had to meet the Euro IV standard (for particulates) for some time because of the London-wide Low Emission Zone (LEZ), while vans must be of at least Euro 3 standard.

 

The vehicle users that will feel the impact will be mainly those with vans over 11 years old and HGVs which are pre-Euro IV and fitted with a particulate filter to comply with the LEZ.

 

The charge of £11.50 (or £10.50 for those registered on Autopay) for non-compliant vehicles will be managed as part of the current Congestion Charge scheme. The only difference operators should see, if they have a non-compliant vehicle, is that the cost of going into the Congestion Charging zone will double. Existing Congestion Charge Autopay customers will be charged automatically from the 23rd October 2017.

 

Members can find out more about the Emissions Surcharge and check their vehicles’ compliance on the Transport for London website - https://tfl.gov.uk/modes/driving/how-to-meet-air-quality-standards

 


 

New Direct Vision Standard for Lorries in London

You may be aware that last year, London's Mayor Saddiq Khan proposed a Direct Vision Standard (DVS) for all HGVs that enter London from 2020. The Standard is based on a 'Star' system - ranging from Zero to Five - highlighting the level of visibility afforded to the driver. The greater the visibility to the driver, the higher the 'Star' rating for that particular vehicle. Those vehicles with a Zero Star rating will be banned from London's streets by 2020, and those achieving a Three Star rating or above will only be permitted entry from 2024.

 

To assist you with ascertaining the Star rating for your HGVs, Transport for London (TfL) has produced an interim table which can be found at: http://safertrucks.org.uk/vehicle-rating-list/

 

In addition, TfL are also looking to develop a HGV Safety Standard Permit Scheme which they will publish a consultation document in the autumn. The permit scheme will begin to tackle the risks posed by HGVs to vulnerable road users in London, taking into account other vehicle safety measures alongside the DVS Star rating.

 

By 2020, under this new proposal, all HGVs over 12 tonnes would require a safety permit to enter or operate in London. HGVs with a DVS rating of One Star and above would automatically be granted a permit. HGVs with Zero Star ratings would be granted a permit if they meet specific measures under a recognised 'safe system'. The 'safe system' will build on best practice from existing, industry-recognised schemes. Measures could include:

- Sensors and other indirect vision devices

- Audible or visual warning around the vehicle

- Physical protection to deflect vulnerable road users away from the vehicle

- Driver safety training

 

If you would like to discuss the new Standard, then please contact Hannah White, Freight and Fleet Program Manager at TfL - HannahWhite@tfl.gov.uk. For all other freight-related enquiries, please contact freight@tfl.gov.uk




 

Drug Driving Law Update

A report published by the Government, since the introduction of drug driving offences in England and Wales in 2015, has revealed a 98% conviction rate for these offences.

 

The law made it illegal to drive above thresholds with certain drugs in the body - see the table below.

 

Illegal Drugs

(Zero tolerance approach by the employer including accidental exposure to the employee)

Threshold limit per

litre in blood

Benzoylecgonine

50 micrograms

Cocaine

10 micrograms

Delta-9-tetrahydrocannibinol (Cannabis)

2 micrograms

Ketamine

20 micrograms

Lysergic acid diethylamide (LSD)

1 microgram

Methylamphetamine

10 micrograms

MDMA

10 micrograms

6-monoacetylmorphine (Heroin)

5 micrograms

 

'Medicinal' Drugs

(Risk based approach by the employer)

Threshold limit per

litre in blood

Amphetamine

250 micrograms

Clonazepam

50 micrograms

Diazepam

550 micrograms

Flunitrazepam

300 micrograms

lorazepam

100 micrograms

Methadone

500 microgram

Morphine

80 micrograms

Oxazepam

300 micrograms

Temazempamm

1,000 micrograms

 

 

Police forces have also been issued with improved screening equipment. If caught, drivers can lose their licence for at least a year, be fined up to £5,000 or given a prison sentence. The report also shows that of the drivers who underwent preliminary drug screening, approximately 94 per cent were male and 64 per cent were aged between 16 and 29 years old.

 


 

Penalties for using mobile phones while driving has increased

From the 1st March, drivers using a phone while driving will receive six points on their licence and a £200 fine. This is up from the previous three points and £100 penalty.
 
Motorists caught using their mobile twice, or accruing 12 points on their licence, will face magistrates’ court, being disqualified and fines of up to £1,000.
 
New drivers, within two years of passing their test, risk having their licence revoked and lorry drivers can face action by the Traffic Commissioner as well.
 
These new penalties will take effect in England, Scotland and Wales.  
  


 

Mobile Cranes embargos in Metropolitan Police area

In a meeting was convened between the CPA, representatives of mobile crane companies and the Metropolitan Police on Friday 18th November 2016, regarding the embargo placed on mobile cranes in the Metropolitan Police area. From that meeting, the following can be announced: 

With immediate effect mobile cranes that, by weight and dimensions, do not need to be notified to the Metropolitan Police Abnormal Loads department, will no longer be limited by the embargos. This includes the rush hour embargo and the 3-mile limit from Charing Cross embargo.

 

Only mobile cranes over the following weight and dimensions need to be notified to the Police and the embargos will still apply to those machines: 

- Cranes over 80 tonnes gross vehicle weight.

 

- Cranes longer than 18.75 metres.

 

- Cranes wider than 3.00 metres.

Please note that you will still need to notify the Highway and Bridge authorities in the normal way.

 


 

Updated Fleet Operators Recognition Scheme (FORS) Standard 

An update to the FORS Standard, (version 4) has now been published together with an 'at a glance' summary of all of the changes to the requirements.

The new FORS Standard responds to best practice developments and includes, amongst other things, new environmental considerations. The FORS Standard at silver level remains fully aligned with Construction Logistics and Community Scheme (CLOCS).

For further information on this, please visit:

https://www.fors-online.org.uk/cms/new-standard/

 


 

DVSA's new guidance on Drivers' Hours

The Drivers & Vehicles Standards Agency (DVSA) has published new guidance on drivers' hours and tachographs.

 

The guidance is for drivers and operators of goods vehicles in Great Britain and Europe, whether used privately or commercially.

 

The new guide explains the rules for drivers' hours and the keeping of records, and updates previous guidance from 2011.

 


 

10 Simple Mistakes Operator’s Licence Holders Make

Despite what some people might think, most operators of Heavy Goods Vehicles are honest and want to comply with the rules. The real problem is a lack of understanding about what the Traffic Commissioners really expects from an operator to remain compliant.

Here at Dyne Solicitors, we come across simple mistakes, some administrative in nature, that licence holders regularly make which can lead to enforcement action that could have been easily avoided.

1. An Operator may receive a prohibition and then file it away without first investigating the root cause and implementing a system to try to prevent it from occurring again. This investigative process should all be documented in writing.

2. An Operator may not look at their Preventative Maintenance Inspection (“PMI”) sheets – commonly undertaken at 6 weekly intervals – to check that defects are signed off as rectified, even though the repair work has been completed. Although the work has been done, Operators need to make sure the paperwork confirms this.

3. Again, with daily defect checks, if a fault is recorded by the driver then make sure the rectification work is recorded on the daily defect sheet. Make sure that it is signed off and dated. If an external contractor is used to do the repair work, then it can be helpful to staple the invoice to the daily defect sheet.

4. Operators often fail to notify the Traffic Commissioner about a change in the company’s directors. Although they make a change at Companies House, no one remembers to inform the Office of the Traffic Commissioner in writing as soon as possible.

5. On the advice of their accountant, a sole trader or partnership forms a limited company but fails to apply for a new Operator’s Licence in the name of the limited company. Many operators fall foul of this, unknowingly committing criminal offences by inadvertently operating vehicles without an Operator’s Licence. This can have serious consequences.

6. Operators will often fail to notify the Traffic Commissioner about a notifiable conviction, particularly if it was a DVSA prosecution. This has to be done in writing within 28 days of the conviction. Operators should consider providing the Traffic Commissioner with an explanation for the cause of the offence and the steps taken to prevent it occurring again.

7. Operators may apply to the Traffic Commissioner for an increase in their licence without first checking that their operation is being run compliantly. This application will likely trigger a DVSA visit and so operators should make sure they are compliant, perhaps through the use of an independent audit, before submitting the application.

8. Operators shouldn’t rely on their external maintenance contractor to do their job properly. Operators should be permanently monitoring them to make sure paperwork is completed on time and correctly. PMI sheets should be returned with the vehicles. Operators should also monitor the MOT pass rate and investigate MOT failures with the maintenance provider. If the maintenance provider cannot do an adequate job, the operator should find a suitable alternative (and inform the traffic commissioner).

9. If a vehicle is off the road, then place a VOR sign in the cab. It can often happen that a driver will take a vehicle out on the road without the company’s authority because no one has told him the vehicle is VOR’d and there is no sign in the cab to inform him.

10. Operators pay for tachograph analysis but then do not use the information provided to them properly. Each infringement should be investigated thoroughly at a driver infringement meeting and documented in writing. The operator should then react to the problem accordingly, whether that is further training, disciplinary action or adjusting workloads.

For any further information about Operator Licensing, please contact Jared Dunbar at Dyne Solicitors Ltd on

jid@dynesolicitors.co.uk

 


 

Goods Vehicle Operator Licensing Exemptions Consultation 2014 - Summary of Responses

The Department for Transport has published a summary of responses to this Consultation.

 

The CPA formulated and submitted responses on behalf of the Crane Interest Group (CIG), and the British Concrete Pumping Group (BCPG). 

 


 

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CLOCS Logo 

 

The CPA has become a Construction Logistics and Cycle Safety (CLOCS) Champion, and we are taking a leading role in helping to reduce collisions with vulnerable road users.

 

For further information regarding the CLOCS scheme - please go to the link. 

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CLOCS Guide - Ensuring the safest construction vehicle journeys

 

 

 

 

 

 

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CLOCS Standard for Construction Logistics: Managing Work Related Road Risk

 

We have been notified of an updated standard from Transport for London’s (TfL’s) Construction Logistics and Cyclist Safety Scheme (CLOCS).

 

(The link will take you to the CLOCS website, where you can view the document.)

 

The scheme currently focuses in London, but other cities around the UK are looking to implement the scheme in the coming years. 

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CLOCS Guide - Managing Driver Training and Licensing

 

In the event that you are to contract with companies either in London, or elsewhere within the UK, which are looking to follow the CLOCS Guidelines, you may wish to read the documents, so you can familiarise yourself with the requirements the main contractor may place on you.

CLOCS Guide - Managing Supplier Compliance

 

 

 

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FORS Collision Manager (inconjunction with CLOCS)

 

CLOCS Manager has been rebranded as FORS Collision Manager. 

 

FORS Collision Manager is a national work related road safety reporting system, which enables users to log, record, monitor and report incidents, collisions and near-misses. The system helps to standardise collision reporting and enables data to be collated from across the UK so trends can be analysed, hotspots can be identified and information can be shared. Users can learn from interventions taken by other organisations and can upload and update historical incidents meaning they can start using the tool at any time. Those already using their own collision management systems are able to use API painlessly & automatically to export data from their system to FORS Collision Manager avoiding duplicate data entry and gain all the advantages of confidentially sharing appropriate data & lessons learned to accelerate progress towards zero collisions.

 

Please use the link for more information - www.fors-collision-manager.org.uk/

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Driver CPC

Information on the Driver CPC can be found in the FTA's Compliance Guide, which can be downloaded. 

 


 

To ensure that any periodic training undertaken (after the 10th September 2009) and / or the training centre is approved to deliver that particular course; you will need to visit the Driving Standards and Vehicles Agency (DVSA) website.

 


 

If you have a query on Transport, then please get in touch.

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