Legal

Compliance and Best Practice Bulletin

Tue, 30 Apr 2013 09:39:50 GMT

Welcome to Commercialmotor.com's compliance and best practice bulletin.

Each month, in association with Tachodisc, we’ll bring you all the latest need-to-know advice and guidance to ensure you stay on the right side of the law (both transport and wider regulations) and help you run your fleet and your business as effectively as possible.

This month's bulletin
Last month's bulletin

What to do if your O-licence is curtailed

Despite your best efforts, the traffic commissioner has curtailed your O-licence: what should you do next?

Ralph Coleman International fined £75,000 after driver death

Nuneaton haulier Ralph Coleman International has been fined £75,000 after a worker was killed when a tall stack of empty wooden pallets toppled onto him.

Convicted for running a transport firm while banned

A Kent haulier received an eight-month prison sentence after running a business despite being bankrupt and banned from acting as a director.

McCulla (Ireland) successfully appeals

Northern Ireland haulier McCulla (Ireland) has successfully overturned convictions for drivers' hours offences by arguing that it provided the driver in question with proper training and induction on tachograph regulations.

Smuggling: don't be a victim of other's crimes

What should you do to avoid smugglers using your vehicles at borders, and how should you react if your vehicle is seized?

Working time rules: avoid confusion and don't get caught out

With reports of Vosa intensifying its checks on Working Time during inspections, Tachodisc reviews why this could be catching some companies out.

Tax fraud? The traffic commissioner will see you now

Fraudulent hauliers will now be referred to traffic commissioners (TCs) for licence revocation.

What to do if one of your drivers is involved in an RTA

Are you prepared for the fall-out that occurs after a fatal road accident?

Who is your transport manager really contracted to, TC asks

Your O-licence and personal repute is at risk if you allow third parties to act as brokers in the appointment of transport managers.

Transport compliance online: the dos and don'ts

Truck manufacturers now offer online systems to manage your compliance - what should you be wary of?

Driving licence threatened by illness: your next steps

Which illnesses affect your LGV licence and what should you do?

Grandfather rights for transport managers: time is running out

4 December 2013 is the deadline for transport managers not named on an operator licence and who wish to retain their grandfather rights.

Hidden Space

Balancing the scales of justice

Tue, 18 Dec 2012 12:37:07 GMT

A recent poll of commercialmotor.com readers found that a large majority (68%) were in favour of on-the-spot fines for careless driving offences. The snapshot survey was conducted after a consultation was launched by the Department for Transport (DfT) to find out if the public was onside with this plan. As things currently stand, careless driving cases are dealt with by prosecution but we live in austere times and taking everyone to court for driving without due care and attention is both costly and overly bureaucratic. The plan, therefore, is to deal with the majority of these cases as fixed penalty offences at the roadside instead. This means tailgating, failing to look properly and sudden braking could all result in you coughing up £90 to a police officer - a 50% increase from the current fine. The proposal is that other endorsable offences in which fixed penalties are issued will also rise to £90, which include speeding, not wearing a seatbelt and using a mobile phone. This might sound preferable to trooping up the steps to a Magistrates court and facing a judge, with all the time, cost, and public embarrassment that can ensue. But do you really feel comfortable with a traffic officer being made roadside judge and jury? It is fair to say magistrates and lawyers have their reservations. The offence of careless driving is rarely as black and white as other offences in which fixed penalties are issued. Take a mobile phone offence: you were either on the phone or you weren’t. The same with speeding, or having no insurance. However, with careless driving, the standard of driving must be considered objectively, which is currently the responsibility of the court. Making this the responsibility of a lone officer, who may have simply got out of bed on the wrong side, is arguably another way of making the system, which is already heavily weighted against the driver, even more unfair and difficult to fight. It is important to note that the option of accepting the fixed penalty notice and receiving the endorsement and a financial penalty or go to court is still retained should the driver wish to contest the offence and this is only designed to cover situations where there are no victims or collisions. These plans are likely to proceed and if the aforementioned CM poll is anything to go by, it is unlikely there have been many objectors. So, for the procedure to succeed there will need to be a greater police presence. But in the light of recent budget and recruitment cuts you can’t help but think these changes could create more problems than they solve. Anton Balkitis is a Transport Lawyer and Partner at Rothera Dowson Solicitors with a dedicated Road Transport Law website. You can contact him at a.balkitis@rotheradowson.co.uk or on 0115 9100600

Daily checks of wheels and tyres

Wed, 09 May 2012 16:14:16 GMT

Routine in-service checks should be carried out by the driver or other designated person during normal vehicle use. Tyres should be visually examined regularly. They should be checked for damage, irregular or excessive wear, foreign objects embedded in them or trapped between dual tyres, and incorrect inflation. All tyre pressures must be checked with an accurate pressure gauge and valve caps refitted.

Inflation

Overloading and/or under-inflation cause tyres to deflect excessively, leading to premature tyre failure. In addition under-inflated tyres increase rolling resistance, thereby reducing fuel efficiency. An over-inflated tyre is more susceptible to impact fractures. Refer to your tyre supplier for correct inflation pressures; all tyre pressures must be checked (when tyres are cold) with an accurate pressure gauge.

Correct specification

The Road Vehicles (Construction and Use) Regulations 1986 specify that goods vehicles, trailers, buses and certain other categories must be fitted with tyres that are capable of carrying the maximum permitted axle weight of the vehicle at the maximum legal speed for the type of vehicle concerned. This information is contained in the tyre markings on the sidewall of the tyre.

Offences

It is an offence to use, cause or permit to be used on a road, a vehicle or trailer with a tyre which is unsuitable for the use to which a vehicle is being put. It is also an offence to have different types of tyres fitted to opposite wheels of the vehicle or trailer. For example, it is an offence to have a mixture of cross-ply and radial tyres on the same axle except where one is a temporary use spare tyre. It is also illegal to fit cross-ply tyres on the rear wheel of a two-axled vehicle with single wheels, if radial tyres are fitted to the front wheels.

Unlike for cars or light vans not exceeding 3,500kg gross weight, all tyres on goods vehicles over 3,500kg gross weight must have a tread depth of at least 1mm across three quarters of the breadth of the tread and around the entire circumference of the tyre. On the remaining one quarter of the width of the tyre there is no requirement for the tread to be 1mm deep.

The minimum tread depth for cars or light vans is 1.6mm across the central three quarters of the width of the tyre and in a continuous band around the entire circumference. An insufficient tread offence may result in a roadside fixed penalty of £60-£120 per tyre plus a three-penalty-point endorsement on the driving licence. There could also be a prosecution by way of magistrates’ court summons.

Other sources of information on tyres and tyre safety

Tyre Industry Council 01787 226995
Continental Tyres 01895 425900
National Tyre Distributors Association 08449 670707

Torqueing wheel nuts and studs

Detachment of wheels from vehicles, particularly heavy commercial vehicles, has been a cause of concern for many years and there has been a considerable amount of investigative work and comment on the subject. In 1997, the Department for Transport (DfT) published an advice leaflet ('Careless Torque Costs Lives') with the intention of reducing the scale of the problem. Despite this previous research, comment and advice, there is evidence to suggest that wheel detachment still occurs.

All the truck and axle manufacturers issue guidelines for the correct torqueing procedure for wheels and the correct torque settings. To avoid long-term damage to the wheel, nut and stud, wheels should only be tightened using a torque wrench. After refitting wheels all wheelnuts should be re-torqued, following the correct pattern, after 50km or half an hour of operation.

Checking vehicle safely – reports available

The Health & Safety Executive (HSE) has issued a number of reports on safe operation around tyres. An example is the guidance on the Collection and Delivery of Tyres. This guide is limited to dealing with the risk of musculoskeletal disorders arising from the manual handling of vehicle tyres during collection and delivery. The HSE has also produced information drawing attention to the risk of serious or fatal injury if hot work is done on vehicle wheels to which tyres are still fitted.

For more information about health and safety ring the HSE’s Infoline (08701 545500) or visit the HSE website.

Research funded by the DfT generated a report on wheel detachment on wheel detachment which also gives additional information. A second phase of this project was again commissioned by the DfT and has built upon the 2006 research by TRL in order to identify best practice for wheel tightening and maintenance, and to assess the potential effectiveness of the identified countermeasures. For further information see the DfT Research Database.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Compliance and record-keeping

Wed, 11 Apr 2012 15:54:55 GMT

What’s it all about?

Truck operators are legally required to comply with drivers’ hours rules and the working time rules incorporated in the UK in The Working Time (Amendment) Regulations 2003 and The Road Transport (Working Time) Regulations 2005.

Firms are also legally required to keep certain records to prove that compliance. The requirements for compliance and record keeping vary between UK domestic drivers’ hours rules, EU drivers hours rules and the two applicable sets of working time rules.

In the case of EU drivers’ hours, compliance is currently further complicated by the fact that the rules changed on 11th April 2007 when the Regulation (EC) No 561/2006 took effect.

What records are required for UK domestic drivers’ hours rules?

Under the Drivers’ Hours (Keeping of Records) Regulations 1987, not all operators are required to hold written records but where they are, drivers must use written log books or tachograph records to demonstrate compliance with the domestic hours rules.

Log books should include the employer’s name and operating licence details, some instructions on the use of the book itself, the driver’s details, the date the book was first used, the date the book was last used and should also contain weekly sheets and duplicates showing each day’s driving activities. See a sample of the information to be included in a log book.

Drivers must complete weekly sheets and employers must sign each completed sheet, detach the duplicate and then return the book to the driver. Completed books must be kept by the driver for 14 days after the employer has signed the last sheet, then returned to the employer who must keep them for a further period of 12 months.

When do written records NOT need to be kept under domestic drivers’ hours rules?

Written records do not need to be kept to prove compliance with domestic drivers’ hours rules if:

The vehicle being driven on a particular day is not in scope of operator licensing.
The vehicle being driven is in scope of operator licensing but the driver doesn’t drive for more than four hours on the day in question and also does not drive outside a 50km radius of the vehicle’s operating centre on the day.
Full tachograph records are kept in accordance with all legal tachograph requirements instead.

What records are required for EU drivers’ hours rules?

Under EU hours rules most large goods vehicles must be fitted with an approved tachograph and drivers must use that tachograph to record their daily driving activities.

When using an analogue tachograph, drivers must enter all their details on the chart including:

Name
Vehicle registration
Date and place where the driving record begins and ends
Time of any change of vehicle
Relevant odometer readings

Drivers must keep the current week’s tachograph charts and those for the previous 28 calender days but should return charts to their employer within 42 days of completion. Employers should keep all charts for at least a year after their use.

More guidance on drivers’ hours rules and tachograph usage.

More information about digital tachographs.

What records are required to prove working time compliance?

In terms of compliance with the main working time rules as required by the Horizontal Amending Directive (see The Working Time (Amendment) Regulations 2003), employers must keep records to show that:

weekly working time and night work limits have been complied with
regular health assessments have been offered to night workers

You also need to keep an up-to-date record of workers who have ‘opted out’ of the 48-hour average weekly limit. However you do NOT need to record how many hours such workers actually work.

More information about general working time records.

In terms of the requirements of the Road Transport Directive as implemented in The Road Transport (Working Time) Regulations 2005, working time records must be kept by the employer for two years after the period in question.

The regulations do not specify exactly what records should be kept, but the records kept will need to demonstrate that weekly working time and night work limits have been observed.

Employers must also keep a record of any relevant agreement they may have with employees about night work limits.

More information on RTD record keeping.

Points to Ponder

Employers must organise drivers’ work in such a way that they are in compliance with the EU drivers’ hours rules and must issue drivers with sufficient tachograph charts and/or digital tachograph printer rolls to record their activities properly.

They must also be able to show proper procedures for monitoring drivers’ tachograph records and taking action if the rules are broken. Note that failing to check drivers’ tachograph records may be regarded as ‘permitting’ hours offences and that causing or permitting breaches of the drivers’ hours rules is, in itself, an offence.

Drivers’ hours rules only require tachograph records to be kept for a year, while working time rules require records to be kept for two years. Thus, firms who choose to use tachographs as a contributory source of data for working time compliance must remember to keep their tachograph records for a period of two years after the working period in question.

Current UK implementation of the working time requirements of the Road Transport Directive is now under review and this may lead to significant changes in the law in the near future.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Offences, infringements and penalties

Wed, 21 Mar 2012 11:19:55 GMT

Drivers’ hours law

Drivers’ hours and working time laws incorporate many different offences that may apply to both drivers and their employers.

UK regulations include a number of specific offences and infringements when it comes to drivers’ hours, all of which apply to both the domestic hours rules and EC hours rules.

The main ones are:

Breaches of the drivers’ hours rules, which attracts a level 4 fine (up to £2,500 according to the Criminal Justice System’s scale of fines).
Failing to install or use a tachograph in accordance with the rules, which attracts a level 5 (up to £5,000) fine.
Deliberate falsification of tachograph records, which can result in up to two years in prison and/or a level 5 fine and applies both to drivers and anyone whose orders they have been following. Note that ‘falsification’ is taken to include destruction of records, suppression of records and omission from records of relevant information.
Permitting the falsification of records, which also attracts a level 5 fine. A good example would be if an operator did not actually order the falsification of records but did not take reasonable steps to prevent that falsification.
Producing, supplying or installing products that interfere with the function of the tachograph or the records it produces, which attracts a level 5 fine.
Providing information that would assist other parties in producing such devices, which attracts a level 5 fine.
Obstructing enforcement officers who are lawfully going about their business or failing to comply with a lawful request from an enforcement officer, which attracts a level 5 fine. Examples include refusing to supply the requested tachograph records or refusing to allow inspection of a digital tachograph driver’s card.

Working time rules

Under UK implementation of the Road Transport Directive the main offences that apply are:

Failing to comply with any of the relevant requirements of working time law, which attracts a fine up to the statutory maximum.
Contravening any requirement imposed by an inspector, which attracts a fine up to the statutory maximum.
Preventing or attempting to prevent any other person from appearing before an inspector or from answering any question posed by an inspector, which attracts a fine of up to level 5.
Contravening any requirement or prohibition imposed by an improvement notice or prohibition notice, which attracts up to two years’ imprisonment and/or a fine up to the statutory maximum.
Intentionally obstructing an inspector in carrying out his lawful duties, which attracts a fine of up to level 5.
Making a statement you know to be false, which attracts a fine up to the statutory maximum.

Current statutory maximum fines are £5,000 in a Magistrates' Court and unlimited fines in a Crown Court. Level 5 fines are currently up to £5,000.

Where can I find out more?

For more information on the offences, infringements and penalties in EU drivers’ hours rules and UK domestic drivers’ hours rules, see the DfT publication Drivers’ Hours and Tachograph Rules for Goods Vehicles in the UK and Europe.

For more information on the offences, infringements and penalties in the road transport working time regulations see The Road Transport (Working Time) Regulations 2005.

For information on the offences, infringements and penalties in general working time see The Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2003.

Points to ponder

Any convictions for breaches of the drivers’ hours rules could result in disciplinary action being taken against an operator’s licence and may also be taken into account in terms of the revocation, granting or renewal of a driver’s vocational licence.

Drivers of GB-registered vehicles can also be prohibited from driving

if they appear to have broken the hours rules
if they will break those rules by continuing to drive
if they appear to have a falsified tachograph record
if they obstruct an enforcement officer or fail to comply with their instructions.

Anyone who flouts such a prohibition or who causes or permits the prohibition to be flouted faces a level 5 fine.

The penalties shown for offences under both drivers’ hours rules and working time regulations apply to each separate offence committed.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Digital tachographs

Wed, 21 Mar 2012 10:55:10 GMT

What’s it all about?

EC regulation No 561/2006, published in April 2006, replaced the regulation (3820/85) on EU drivers’ hours and made the fitment of digital tachographs mandatory in all new vehicles that require a tachograph as of 1 May 2006. There have been no changes, however, to the basic hours rules or to the vehicles exempted from using a tachograph. Nor is there any requirement to retrofit digital tachographs to existing vehicles. More information on the background to digital tachographs.

How are they different from analogue devices?

The main difference with digital tachographs is that records are saved to a credit-card-sized smart card that is inserted into the vehicle unit, rather than onto a waxed paper chart. They also store data on the Vehicle Unit (VU) in the vehicle. Digital tachos record driver activity such as driving time, other work, rests and breaks to the driver smart card, as well as retaining the information in the basic vehicle unit. Other cards are used by other parties for company, workshop and enforcement purposes.

What are these cards and where can I get them?

There are four types of cards that can be used:

Driver's smart card: to be carried by drivers
Company card: for use by the vehicle operator
Workshop card: for use by approved calibration centres
Control card: used only by VOSA and police officials

Certain fees apply to each of the cards. To apply for driver or company cards, call the DVLA on 0870 850 1074. To apply for workshop cards, call VOSA on 01792 454336. Control cards are available only to VOSA and police officers for the purposes of enforcement.

What data does a digital tachograph hold?

The vehicle unit will hold data for around 12 months on the drivers of the vehicle and their periods of driving and duty, depending on the volumes of data generated. It also holds data relating to faults, over-speeding, tampering and calibration, as well as recording when its data has been accessed and by what cards.

How often should it be downloaded?

If the vehicle unit isn’t downloaded before its memory is full, it will start to overwrite the oldest data – leaving operators without the records they are legally required to hold. The law states that you must ensure that no data is lost. As a minimum, data must be downloaded from the VU:

Every 56 calendar days
Immediately before transferring control of the use of the vehicle to another person
Before permanently removing the unit from service in the vehicle
Without delay upon becoming aware that the unit is malfunctioning, if it is possible to download data
Without delay in any circumstances where it is reasonable foreseeable that data will be erased imminently

What about driver card downloads?

The driver card should hold up to around 28 working days’ data, depending on the volumes of data generated.

The law states that data must be downloaded from driver cards:

Every 28 calendar days
Immediately before the driver ceases to be employed by the undertaking
Without delay upon being aware that the card has been damaged or is malfunctioning, if possible
Without delay in any circumstances where it is reasonable foreseeable that data will be erased imminently
Where it is only possible to download the card via a vehicle unit, immediately before ceasing control of the vehicle

Can a digitally equipped vehicle be driven without a driver card?

Drivers aren’t obligated to apply for a smart card but may not drive a digital tacho equipped vehicle without one unless their card has been lost or stolen. A driver may continue to drive without his card for 15 calendar days in these circumstances. However, a replacement card must be applied for within seven calendar days.

If driving without a card, or if the driver card is damaged or malfunctions, drivers must by law use the vehicle unit’s facility to produce printed records of all relevant details, including the driver’s own details, and sign the printouts.

The printouts must be produced at the beginning and end of each journey.

Note that drivers who have been issued with a smart card must carry it with them at all times when driving a vehicle that falls under EU hours rules - whether or not they are driving a digital equipped vehicle.

Where can I find out more?

For general information on digital tachos, including some useful FAQs, visit the Business Link website Digital tachograph information for operators.
The DfT has also produced a useful guide covering both drivers’ hours and tachograph rules titled Drivers’ Hours and Tachograph Rules for Goods Vehicles in the UK and Europe.
Want more information about workshop cards?
The Freight Transport Association offers a range of digital tachograph services.

Points to ponder

Digital tachographs’ legal purpose is to record compliance with drivers’ hours rules and NOT the working time restrictions outlined in the Road Transport Directive – despite the fact that digital tachographs include an ‘available’ mode which may be used to record periods of availability for the purposes of working time compliance.
If a driver is going to drive both analogue and digital tachograph equipped vehicles in the same day, he must record the work in the analogue equipped vehicle on an analogue chart and work in the digital-equipped vehicle via his smart card. However, he should NOT manually enter the work already recorded on an analogue chart into the digital unit when he begins work in the digitally equipped vehicle.
Operators won’t be able to make any sense of the data downloaded from a vehicle unit or driver’s card (and thus will not be able to ensure compliance with the hours’ rules) without some sort of separate analysis software or service.
If you sell a vehicle equipped with a digital tachograph or have used a hire vehicle you are returning you need to ‘lock’ the data recorded in it using your company card to prevent another operator from accessing it.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Weights and dimensions / vehicle plating

Wed, 21 Mar 2012 10:42:04 GMT

Weights and dimensions / vehicle plating

The European Union sets permitted weights and dimensions for vehicles on international journeys within the EU. National governments can also set their own limits for domestic journeys. Goods vehicles must carry a plate showing permitted or authorised axle and gross weights.

Which laws apply?

EC Directive 96/53/EC
The Road Vehicles (Construction & Use) Regulations 1986 (C&U Regs)
Overloading authorised axle, gross vehicle or train weights is an offence under the Road Traffic Act 1988 and carries a £5,000 penalty per offence or a graduated fixed penalty at the roadside of between £60 and £200 depending upon the extent of the excess weight.

Definitions

Gross vehicle weight (GVW) is the maximum legally permitted weight of the vehicle plus load (not to be confused with design weight, which is usually higher).
Gross train weight (GTW) is the total weight of the tractor unit plus trailer plus load (sometimes called gross combination weight (GCW)).
Maximum authorised mass (MAM) is a term for permissible maximum weight, used on the vehicle plate.

Plated weight

This is the total permitted weight of a loaded vehicle. Each vehicle should carry a permanently fixed Department of Transport (DfT) plate (also called a Ministry plate) and plating certificate (a VTG7 – for all vehicles and trailers). If there is no DfT plate, there should be a manufacturer’s plate. DfT plates are fitted on trucks at first registration and on trailers after they have undergone a DfT annual test.

Goods vehicles over 3,500kg gross: The vehicle must have a plate on the cab showing manufacturer, vehicle type, engine type, power, VIN number, number of axles and maximum design and plated weights.
Goods vehicles below 3,500kg: No plate is required.
Trailers over 1,020kg unladen weight: The trailer must have a plate showing manufacturer, chassis number, number of axles, maximum load imposed on towing vehicle, year of manufacture and maximum design and plated weights.

Downplating

If the vehicle is unlikely to carry the potential maximum weight, it can be downplated in order to reduce vehicle excise duty (VED). For many vehicles, this may not involve mechanical changes: simply complete a VTG10 Notifiable Alteration form, obtainable from goods vehicle test stations, and pay the appropriate fee to VOSA. An offical plating test may be required. You can also uprate a downplated vehicle if, for example, you buy a downplated used truck but want to operate it at its original permitted weight.

To downplate to 3,500kg or 7,500kg, however, mechanical alternations to the vehicle are required.

If you wish to change the vehicle plate so that, for example, it can be driven on a category C1 driving licence, or for reasons associated with other legislation (aside from vehicle excise duty), then downplating is not sufficient and you will need to downrate instead. Downrating reduces the design capacity of the vehicle and so in almost every case a physical change is required to be made.

For general enquires on uprating or downplating procedures contact the Goods Vehicle Centre at Swansea or call the Vehicle & Operator Services Agency (VOSA) Helpline 0300 123 9000. For information on specific vehicles, contact the vehicle manufacturer.

Weights

Maximum legal weights are determined by a number of factors, including the spacing between the axles, the outer axle and bogie spread, the number of tyres on each axle, and the type of suspension fitted. Vehicles with Road Friendly Suspension (RFS) and twin tyres on the drive axle are permitted higher weights than those without. The majority of vehicles with RFS operate on air suspension, but some rubber and hydraulic suspension may also count as road-friendly.

96/53/EC authorises trucks on international journeys at 40 tonnes GVW on five axles (a two-axle tractor towing a three-axle trailer) provided the drive axle weight does not exceed 11,500kg.

Did you know?

UK hauliers are allowed to operate at a higher weight limit than is generally the case in the rest of Europe. The government calculated that permitting 44 tonnes on six axles is less damaging to roads than the 40 tonnes on five axles authorised under EC96/53.

To operate at 44 tonnes both the tractor and trailer must have three axles, none of which should exceed 10,500kg and all of which must have RFS. The distance between the coupling centre and the centre of the rearmost axle of the semi-trailer must be at least 8m.

Authorised weights

The main weight categories are given below. The basis of the calculation is to multiply the distance between the foremost and rearmost axles in metres by the maximum permitted factor in kilograms. A factor of 6,000kg is applied to two-axle vehicles, tractor units and drawbars, 5,500kg to three-axle rigids and 5,000kg to four-axle rigids.

The maximum weights on three- and four-axled vehicles are only permitted with twin tyres and either RFS on the drive axle or with a single axle limit of 9,500kg.

The technical departments at the vehicle manufacturers and axle conversion specialists are expert at these calculations, so are the best source for advice.

Maximum axle weights

Solo, driven axles: 11,500kg
Solo, non-driven: 10,000kg
Tandem, driven: 19,000kg

Maximum gross weight

Rigids

2 axles: 18,000kg
3 axles: 26,000kg
4 axles: 32,000kg

Tractors

2 axles: 18,000kg
3 axles: 26,000kg

Drawbars

3 axles: 26,000kg
4 axles: 36,000kg
5 axles: 34,000kg
5 axles: 40,000kg
6 axles: 44,000kg

Trailers

1 axle: 11,500kg (driven axle)
2 axles: 20,000kg
3 axles: 24,000kg

Train weight of tractor-trailer combination

3 axles: 26,000kg
4 axles: 38,000kg (18,000kg+20,000kg)
5 axles: 40,000kg
6 axles: 41,000kg
6 axles: 44,000kg

Dimensions

Vehicle dimensions are also determined by EC96/53.

Height

For international journeys, a 4m height limit applies. Within the UK, however, there is no legal maximum height limit, although any vehicle over 3m must display the height in the cab. The main constraint on height is the vehicle’s ability to negotiate under motorway bridges, so the practical maximum is usually 4.8 or 4.9m.

Width

Goods vehicles and trailers: 2,550mm.
Refrigerated vehicles: 2,600mm (to accommodate 45mm insulated side panels and maintain internal load width).

Length

Permitted length depends on axle spacings.

Rigids: 12m
Artics: 15.5 or 16.5m provided kingpin to rear of trailer is within 12.2m and it meets turning circle requirements

Turning circle

All vehicles now have to comply with turning circle legislation originally introduced for artics. This stipulates that when steering, the vehicle should not pass outside a 12.5m outer circle and a 5.3m inner circle. Rigid vehicles can alternatively meet a swing-out measurement of 8000mm (1000mm for vehicles with lift-axles).

Up to 3,500kg

Vehicles and trailers below 3,500kg fall outside the C&U regulations – there is no legal requirement governing the weight of the towing vehicle and the weight of the trailers. Instead, the maximum GTW of a light truck or van is quoted by the vehicle manufacturer.

Trailers must not exceed 2,300mm width or 7,000mm length.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Vehicle checks and maintenance requirements

Wed, 21 Mar 2012 10:37:46 GMT

Maintenance requirements vary dramatically according to the type and number of vehicles and the type/s of operation. Traffic Commissioners give considerable importance to the subject of vehicle maintenance and fleet checks. An O-licence would not be granted if a Traffic Commissioner considered that inadequate arrangements were in place to properly look after the vehicle(s).

All commercial vehicle operators should refer to the VOSA publication A Guide to Maintaining Roadworthiness. This is a comprehensive but easy-to-read document produced by the Department for Transport in partnership with the transport industry. The Traffic Commissioners will expect operators to abide by its recommendations.

Maintenance systems

A maintenance system is the entire process of looking after a vehicle. Proper maintenance aims to prevent the development of serious defects and to ensure that vehicles are always in a safe and reliable condition.

The operator is always responsible for the condition of vehicles, whether or not the operator services them or an external provider carries out the inspections.

Holders of an O-licence are under a duty to ensure that regular pre-planned periodic maintenance inspections (PMIs) covering roadworthiness issues are carried out. The frequency of inspections will need to be agreed between the operator and the Traffic Commissioner. Page 28 of VOSA’s Guide to Maintaining Roadworthiness gives operators a rough idea of how frequent the inspections need to be.

The agreed frequency of inspections must be strictly adhered to. Deviation from the agreed intervals is seriously frowned upon by the Traffic Commissioner and if appears that an operator’s vehicles have been found to have defects, it is highly likely that the operator will find themselves called to a public inquiry.

If the operator uses hired or borrowed vehicles, then a first-use inspection must be carried out. These are also required when a vehicle has been off-road for some time.

If vehicles are maintained by a third party, the operator must always get a written contract with the workshop concerned which must be sent to the Traffic Commissioner. An example of this can be found on page 35 of VOSA’s Guide to Maintaining Roadworthiness.

Inspection sheets need to be completed by the person carrying out the inspection. They must be completed in full and signed off. Any defects must be rectified promptly – the vehicle should not simply be returned to the road - and a record made of what steps were taken, when and by whom. The sheets should be filed and be readily accessible at all times. Operators have a legal requirement to keep their records for 15 months. This includes vehicles which have been sold on.

The nominated transport manager (or licence-holder in the case of a restricted operator’s licence) must ensure that they set aside enough time each week to check that inspections are being completed on time, sheets are filled in, and defects are rectified.

Forward planning

Safety/maintenance inspections must be planned in advance. The most common method used by operators is a year planner or flow chart although a computer-based system is equally acceptable.

Ideally, planners or charts should be used to set safety inspection dates at least six months in advance. Vehicles’ annual test dates should be included, as should servicing and tachograph calibration dates.

The planner should be updated regularly by marking off when work/the inspection has been carried out on a vehicle.

Vehicles that have been taken off the operator’s licence, or other vehicles temporarily off-road, should have their period of non-use marked on the planner.

Daily walk-round checks

A driver is in closest contact with a vehicle and therefore the most likely to be first aware of any fault that may develop. A daily vehicle check routine provides a straight forward means of informing the operator that some aspect of the vehicle may be faulty, or in need of repair or replacement. It is important to tell your drivers what is expected of them and provide training on what to check and how to check.

The checks need to be carried out before the vehicle sets out on its journey to make sure it is fit for the road.

Checks should include the external condition ensuring in particular that the following are serviceable:

lights
tyres
wheel fixings
bodywork
trailer coupling
load
ancillary equipment

The daily check is not meant to be an in-depth inspection of everything, as drivers are not usually qualified to carry out such inspections. However, easily spotted faults should be picked up and rectified before the vehicle goes out.

Of course the driver also has a responsibility to monitor the roadworthiness of the vehicle while it is being driven.

Drivers’ defect reports

Operators should ensure their drivers are keeping written records of their daily checks. The records should be filed neatly and be easily accessible. The record should include the vehicle registration mark, the date, the details of the defects or symptoms and the reporter’s name. The transport manager (if it is a standard licence) or a designated person with authority (if it is a restricted licence) should ensure they are checking the records are being completed on a regular basis. Defects must be rectified promptly and therefore there should be a system in place to ensure drivers know who to report to if a defect is found.

Nowadays Traffic Commissioners expect to see a ‘Nil’ defect reporting system in place. This involves each driver completing a report sheet – or confirming by another recorded method that a daily check has been carried out and no defects have been found. ‘Nil’ defect reports, should be kept for as long as they are useful. Normally this is until the next one is received or until the next scheduled safety inspection is undertaken.

Sheets where defects have been found must be kept for 15 months along with any record of repair.

Monitoring systems

It is important that an operator continually reviews and monitors the quality of the systems in place.

In particular, any incidents resulting in prohibition notices, failures at annual test or convictions need to be investigated properly and records made. The operator must determine if there is any action he/she can take to prevent it from reccurring.

Amongst other things, operators need to be confident that all defects are being reported and rectified promptly and that inspections are done on time. They also need to be confident that drivers and those involved in maintenance inspections have been trained sufficiently and are competent.

On a more general note, it is often advisable to obtain an audit of systems and procedures from a trade body such as the Road Haulage Association or Freight Transport Association, or from a reputable individual. They can advise you as to what can be done to improve your systems even further and prevent problems from arising.

Vehicle offences

It is imperative that the operator has adequate systems in place and that the driver understands that he also has his own obligations.

Once a driver takes his vehicle out on the road he becomes responsible for it and can be liable to receiving a fixed penalty notice, or even prosecuted in more serious cases. If prosecuted, some offences carry heavy financial penalties as well as licence penalty points. Depending on the circumstances, the operator may face prosecution as well as the driver.

Sometimes it may be possible to avoid endorsement and/or such a severe financial penalty if there are particular circumstances know as ‘special reasons’ relating to the commission of the offence; or if it can be shown that a defendant did not know and had no reason to suspect that an offence was being committed.

If a summons is received for these types of offences it is usually worth taking legal advice. All fixed penalties and convictions have to be notified to the Traffic Commissioner and will in turn have a knock-on effect on the operator’s Operator Compliance Risk Score making their vehicles more likely to be pulled over for a thorough check.

For many drivers the possibility of prosecution or fixed penalty is reason enough to take time to walk around the vehicle at the start of a shift, although some drivers fail to appreciate the importance of doing so. Regular checks of drivers by the operator/transport manager are essential, as is having an effective disciplinary policy for employees who fail to comply.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Speed limits and overtaking

Tue, 20 Mar 2012 16:52:23 GMT

Speed limits

The maximum speed limits for all vehicles, including HGVs, are listed in the Highway Code. The 30mph limit on most residential roads for all motor transport is no arbitrary figure; according to figures from the Department for Transport (DfT), there is a substantial increase in the risk of causing death or serious injury when driving just a few miles above 30mph.

However, speed limits alone cannot prevent the 36,000 serious injuries and 3,400 deaths that happen every year on Britain’s roads.

At the end of this article is a table from the Highway Code which clarifies the current speed limits for each vehicle type.

However, there is currently a DfT consultation which includes proposals to:

reduce the speed limit from 70mph to 60mph for HGVs not exceeding 7.5 tonnes
reduce the speed limit from 70mph to 65mph for PSVs not exceeding 12 metres
increase the speed limit from 60mph to 65mph for PSVs exceeding 12 metres

The consultation period ended on 27 April 2010.

Speed limiters

Equipment fitted to vehicles to prevent them from being driven above a certain speed has been in use for more than 30 years.

As of 1 January 2008, all goods vehicles registered after 1 January 1988 which are over 3,500kg require speed limiters. The limit depends on the age of the vehicle.

While most HGVs and PCVs are therefore speed-limited by law, some older HGVs are not required to have speed limiters fitted, and it is considered that this gives them a speed advantage over comparable newer, safer and less polluting vehicles.

Overtaking

In October 2005 the Highways Agency (HA) announced it was introducing an 18-month trial overtaking ban on trucks over 7.5 tonnes on the M42. The pilot project, between Junction 10 and 11, was not well received within the haulage industry; the Freight Transport Association and the Road Haulage Association both complained about the "nonsensical" approach, which on anecdotal evidence, appeared to have an impact on vehicle journey times.

The ban has since become permanent along with a similar ban on two stretches of the A14 in Northamptonshire.

Since then a number of other roads have also been trialling the system.

Points to ponder

The maximum speed limits for heavy goods vehicles has divided many associations, campaigning bodies and hauliers. Most speed limits were introduced in the 1960s when the engineering on some cars (especially brakes) was not great, with many struggling to reach 70mph. At the time few voices were raised against the measure. Many believe a review of the limits following advances in technology is long overview.

Coupled with this belief are concerns that speed limits of 40mph on single-carriage A-roads and 56mph on motorways are leading to ‘rolling roadblocks’: long lines of bunched-together trucks, all traveling at virtually the same speed, which cause congestion and frustration among other motorists. This can lead to dangerous overtaking manoeuvres by cars and motorbikes, resulting in further accidents and deaths.

Despite the 'Safe Speed' campaign, which lobbied for a change to the speed laws for HGVs, and Commercial Motor's campaign for an increase in the speed limit on single-carriage A-roads to 50mph, the DfT consultation paper suggests it is more likely that the speed limits will be decreased rather than increased.

	Built-up areas*	Single carriageways	Dual carriageways	Motorways
Type of vehicle	mph (km/h)	mph (km/h)	mph (km/h)	mph (km/h)
Cars & motorcycles (including car-derived vans up to 2 tonnes maximum laden weight)	30 (48)	60 (96)	70 (112)	70 (112)
Cars towing caravans or trailers (including car-derived vans and motorcycles)	30 (48)	50 (80)	60 (96)	60 (96)
Buses, coaches and minibuses(not exceeding 12 metres in overall length)	30 (48)	50 (80)	60 (96)	70 (112)
Goods vehicles (not exceeding 7.5 tonnes maximum laden weight)	30 (48)	50 (80)	60 (96)	70 (112)**
Goods vehicles (exceeding 7.5 tonnes maximum laden weight)	30 (48)	40 (64)	50 (80)	60 (96)

* The 30mph limit usually applies to all traffic on all roads with street lighting unless signs show otherwise.
** 60mph (96km/h) if articulated or towing a trailer.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Disciplinary and dismissal procedures

Tue, 20 Mar 2012 16:45:34 GMT

Prior to April 2009 dealing with disciplinary and grievance issues meant following the statutory disciplinary and grievance procedures which contained specific steps employers had to follow to avoid the risk of financial penalties. However, following their repeal a revised Acas Code of Practice on Disciplinary and Grievance procedures was introduced in April 2009 which applies to misconduct and poor performance cases. In deciding whether a dismissal for one of these reasons is fair, a tribunal will take account of any relevant provisions of the Acas Code. The Code is also supplemented by a non-statutory guide which gives additional guidance on best practice. The Code does not apply to dismissals due to redundancy or the non-renewal of fixed term contracts on their expiry.

Dealing with disciplinary issues – practical steps

The key steps which the Code outlines for handling misconduct or poor performance issues are:-

The employer should investigate the issues and establish the facts of each case;

This may involve holding an investigatory meeting with the employee before proceeding to a disciplinary hearing. If necessary witness statements should be prepared and given to the employee to comment on.

The employer should inform the employee of the issues in writing;

Following the investigation where there is a disciplinary case to answer the employee should be notified in writing of the allegations and their potential seriousness if found to be substantiated. At this point the employee should also be provided with any relevant evidence such as witness statements. The employee should be informed of the details of the disciplinary hearing and advised of their right to be accompanied to the meeting. Workers have a statutory right to be accompanied by a companion where the disciplinary meeting could result in:

a formal warning being issued; or
the taking of some other disciplinary action; or
the confirmation of a warning or some other disciplinary action (appeal hearings).

The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.

There must be a disciplinary meeting or hearing;

At the disciplinary meeting the employee should be reminded of the allegations being made against them and the employer should go through the relevant evidence with the employee. The employee should be given every opportunity to comment on the evidence and to ask relevant questions.

The employer should inform the employee of the decision in writing;

After the meeting the employer must decide whether to take any action against the employee. Action may take the form of a written warning or ultimately dismissal. The employee should be informed of the decision as soon as possible in writing.

The employee has the right of appeal.

Where an employee disagrees with the decision taken by the employer they must be given the right of appeal. The appeal should be held as soon as possible by an independent person not involved in the prior investigation or disciplinary hearing. The employee has the right to be accompanied at any appeal hearing. The appeal decision should be communicated to the employee without delay.

Where an employer has failed to follow the Acas Code and an employee brings a successful claim of unfair dismissal, the tribunal may increase any award of compensation by up to 25%. If the employee fails to follow the relevant procedure e.g. failure to appeal, the tribunal may reduce any subsequent compensation by up to 25%.

The Disciplinary Process - Key Steps
1	Carry out a reasonable investigation of the circumstances from which the allegations of misconduct or poor performance against the employee arise. This may involve investigatory meetings with the employee or the collation of other evidence. An investigatory meeting should not result in disciplinary action without a separate disciplinary hearing.
2	If it is necessary to suspend the employee during the investigation, the period of suspension should be kept as short as possible and it should be communicated to the employee that the suspension is not in itself a form of disciplinary action.
3	If the investigation identifies a case to answer, the employee should be notified in writing of the allegations against them and the potential consequences (including, where appropriate, dismissal). The employee should be invited to a disciplinary hearing and should be provided with any written evidence prior to this. The notification of the hearing should set out the time and location of the hearing.
4	The disciplinary hearing should be held without unreasonable delay, whilst ensuring the employee has sufficient time to prepare their response. The employee has the right to be accompanied to the hearing by either a colleague or a trade union representative. The parties should make every effort to attend the hearing. Where the employee is persistently unable or unwilling to attend without good cause, the employer should make the decision based on the available evidence.
5	At the hearing, explain the allegations and go through the evidence. The employee should be allowed to set out their case and answer the allegations. The employee should also have a reasonable opportunity to ask questions, present evidence, call relevant witnesses and raise points about any information provided by witnesses.
6	Following the hearing, send the decision to the employee in writing without unreasonable delay. If misconduct or poor performance is established, a dismissal would usually only be appropriate if there has been a written warning and a final written warning. Gross misconduct can justify dismissal for a first offence, but not without following the disciplinary procedure.
7	Written warnings should set out the nature of the misconduct or poor performance, the improvement required, and the timescale for improvement. They should also specify how long they will remain current, and the consequences of further misconduct (or failure to improve) within that period.
8	The employee has the right to appeal and they should be told to do so in writing, specifying the grounds of their appeal. If the employee brings a tribunal claim without appealing, this is likely to reduce any compensation they may be awarded. The appeal hearing should be heard without delay and should be held, where practicable, by a more senior manager than the person who held the first meeting. The employee has the right to be accompanied to the appeal hearing by a colleague or trade union representative.

Dealing with grievances – practical steps

Advise the employer of the nature of the grievance

The first step for the employee, if appropriate, should be to try and resolve their grievance informally by talking to their manager, or again if appropriate, to the individual or individuals concerned. Where it is not possible to resolve a grievance on an informal basis the employee should raise the issue formally with their manager. The grievance should be dealt with as speedily as possible. The grievance should be raised in writing.

Hold a meeting with the employee to discuss the grievance

A grievance meeting should be held with the employee as soon as possible. The employee should be allowed to explain the issue and give suggestions as to how the situation can be resolved. The employee has a statutory right to be accompanied at the grievance hearing by a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker. The companion should be allowed to address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not however, have the right to answer questions on the worker’s behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.

Make a decision on any action to be taken

After the hearing the employer should make a decision as quickly as possible and communicate this to the employee. The employer should make clear what the decision is, the basis upon which it has been made and any steps which are to be taken to resolve the grievance. This should be communicated in writing to the employee.

The Grievance Process: Key Steps
Step 1: Can the employee's grievance be resolved informally?		Yes? The grievance is resolved. No need to follow a formal procedure.

Step 2: No? The employee should raise their grievance in writing with their manager (or another manager if appropriate).

Step 3: When a grievance is received the employer should hold a grievance meeting with the employee to discuss the grievance.		Step 3a: If further investigation is needed, the employer should adjourn the grievance meeting to undertake such investigation, and then reconvene the meeting when the investigation is complete.

The employee has the right to bring a companion to the grievance meeting where the complaint is about a "duty owed by the employer to the worker". In such a case the employee must make a reasonable request to be accompanied.

Step 4: The employer must communicate their decision in writing to the employee without reasonable delay, including details of any action it intends to take to resolve the grievance. This letter must include reference to the employee's right of appeal.

Step 5: If the employee is not satisfied with the outcome of their grievance they should appeal in writing, specifying the grounds for their appeal.		Step 6: The employer should ensure the appeal is dealt with impartially, and conducted by a manager who was not previously involved. The employee should be informed in advance of the time and place of the appeal hearing and the employee may bring a companion

Step 7: The employer must communicate their final decision in writing, without unreasonable delay.

Give the right to appeal

The employee should be advised of their right to appeal against any decision if they are not happy with the outcome. This should be advised in writing and the steps the employee needs to take to exercise their rights. Any appeal hearing should be held as soon as possible and the employee has the right to be accompanied. The appeal decision should be communicated in writing.

Additional points to consider:

Overlapping grievance and disciplinary cases: Where an employee raises a grievance during a disciplinary process the disciplinary process may be temporarily suspended in order to deal with the grievance. Where the grievance and disciplinary cases are related it may be appropriate to deal with both issues concurrently.

Compensation: Levels of compensation can be affected if the ACAS grievance procedure is not followed. If the employer failed to follow the procedure compensation can be increased by up to 25% and if the employee failed to follow the procedure it can be reduced by up to 25%.

Special Types (STGO) and abnormal loads

Tue, 20 Mar 2012 15:02:59 GMT

What the law says

The Special Types rules permit “abnormal indivisible loads” to be carried which exceed the weight and/or dimensions contained in the Road Vehicles (Construction and Use) Regulations 1986 and Road Vehicles (Authorised Weight) Regulations 1998. A variety of unusual vehicles such an engineering plant or military vehicles, whose design and function prevent compliance with the Construction and Use Regulations, can be used on public roads in certain circumstances.

The rules are contained in s.44 of the Road Traffic Act 1988 and the Motor Vehicles (Authorisation of Special Types) (General) Order of 2003 (“STGO”).

What is an abnormal indivisible load?

An abnormal indivisible load ('AIL') is one which cannot be divided into two or more loads for carriage on roads without undue expense or risk of damage and which:

owing to its dimensions can only be carried by a heavy motor car or trailer or a combination of these which does not comply in all respects with Construction and Use Regulations; or
owing to its weight can only be carried by a heavy motor car or trailer (or a combination of both) with a total laden weight exceeding 44,000kg and which does not comply in all respects with Construction and Use Regulations.

STGO operations

There are three weight categories for STGO operations:-

Category	Maximum gross vehicle weight (kg)	Maximum category gross weight
1	-	50,000kg
2	D x 7,500	80,000kg
3	D x 12,500	150,000kg

Where D is the distance (in metres) between:

the foremost axle and the rearmost axle of the vehicle carrying the load; or
in the case of an articulated vehicle, the kingpin and the rearmost axle on the semi-trailer; or
in the case of any other description of combination, the foremost axle and the rearmost axle of the group comprising of all those vehicles in the combination that are carrying a load.

ESDAL

ESDAL stands for 'Electronic Service Delivery for Abnormal Loads'. Legislation requires that vehicles and load movements that exceed the standard dimensions need to be pre-notified to Police, Highways Agency and bridge authorities.

Using ESDAL’s innovative mapping system, hauliers can identify the route they need to take, and get full details of all the organisations they will need to notify before making the movement. Hauliers can also perform an appraisal of the route for an indication of the suitability of their vehicle.

ESDAL does not require any specialist software. It only requires a PC with internet access.

Notification procedures

The minimum notification time for a Special Types movement varies according to STGO category. Notification may be required by the Highways Agency, bridge authorities and police. A form of notice is downloadable from the DfT website.

For loads of widths of 5.0 to 6.1m operators need to complete form VR1.

The maximum permitted limits for STGO operations are 6.1m width, 30m length and 150,00kg weight. Outside these limits a Vehicle Special Order is required. Approval is not automatic and is at the discretion of the Highways Agency. Use form BE16.

Police notification: This must be given if

The vehicle width exceeds 3m; or
The vehicle or load length exceeds 18.75m (discounting the length of the towing vehicle on an articulated vehicle); or
The total length of vehicle and trailer (including projections) exceeds 25.9m; or
The load projects more than 3.05m to the front or rear; or
The gross weight is over 80,000kg.

Notices

The notice must be in a form acceptable to the recipient and should be agreed by both parties.

The notice must contain:

a list of all police forces to which notice is being sent;
details of the user of the vehicle or vehicle-combination, stating:address, telephone number, fax number, email address (if any), user's licence number, user's reference number;
details of the intended use of the vehicle or vehicle-combination, stating:point of departure, point of destination, time, date and route of journey, particulars of any load (including description and profile of load);
details of the vehicle or vehicle-combination used, stating:registration number of any motor vehicle, type of vehicle or vehicles, overall length of the vehicle or vehicle-combination (including length of any front and rear projection), overall length of each single rigid unit included in a Part 2 vehicle-combination (including length of any front and rear projection),overall width (including width of any lateral projection), maximum height, gross weight or gross train weight, number of wheels per axle, all axle weights, all axle spacing.

Marking and attendants

AIL’s projecting forwards or rearwards may have to be marked and special types vehicles must carry a statutory attendant in certain cases as shown in the table:

Any maximum plated motor vehicle weight over:

Vehicle dimensions or weight limit of application	Police notice	Road and bridge notice	Working days notice	Attendance and markers
Any maximum plated axle weight over 10,000kg or 11,500kg for drive axle		Yes	Yes
Any maximum plated weight over 80,000kg	Yes, 2 days	Yes, 5 days 2 days or 5 days
Width of load or vehicle over 3m	Yes		2 days
Width of load or vehicle over 3.5m	Yes		2 days	Yes
Width of load or vehicle over 4.3m or 5m if Abnormal Indivisible Load Vehicle (needs formal Department for Transport VR1 Order)	Yes	Notice as required by individual vehicle registration movement order	5 days from receipt of formal order
Width of any lateral projection over 30.5mm either side of vehicle body	Yes		2 days	Markers only required
Length of vehicle or load over 18.75m (includes articulated vehicles)	Yes		2 days	Yes
Length of a combination of vehicles carrying the load over 25.9m	Yes		2 days	Yes

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Vehicle licensing and tax (VED)

Tue, 20 Mar 2012 14:55:39 GMT

Vehicles used or parked on public roads in the UK are subject to vehicle excise duty (VED), according to the Vehicle Excise and Registration Act 1994.

The Driver and Vehicle and Licensing Authority (DVLA) handles all vehicle licensing in the UK. The windscreen-mounted tax disc is visual proof to the authorities that the vehicle is licensed and failure to display a valid tax disc is an offence. Conviction may result in a financial penalty and back duty may also be claimed which could run to hundreds or even thousands of pounds, if the vehicle is unlicensed.

You can apply for a tax disc in person at a local DVLA centre, by telephone or online. If your vehicle is below 3,500kg, you can also renew the licence at Post Offices. To renew vehicle tax quickly and easily you can log on to www.direct.gov.uk/taxdisc or phone 0870 850 4444.

Find your nearest DVLA local office

New vehicles: If not taxed before delivery, you will need to register a new vehicle with the DVLA using form V55/4.

To register and tax your vehicle using form V55/4 you must also provide either your photocard driving licence or one original document which confirms your name and one original document which confirms your address.

Documentation confirming your name:

Current DVLA paper driving licence
United Kingdom or European Union or foreign passport
Marriage certificate
Decree nisi or absolute
Birth certificate

Documentation confirming your address:

Utility bill valid within the last three months, eg gas, electricity, water, landline telephone
Bank or building society statement valid within the last three months
Medical card
Council tax bill for the current year

Existing vehicles: The DVLA sends a tax disc renewal form about two weeks before the current tax disc expires. There are two forms: V11 for cars and light trucks up to 3,500kg; and V85 for goods vehicles over 3,500kg. DVLA vehicle forms are available here.

If the vehicle is not being relicensed because it is not being used or kept on a public road, the registered keeper must complete a SORN (Statutory Off Road Vehicle Notification) declaration.

Renewal forms will have a unique reference number on the front given to the vehicle to enable you to apply for a tax disc or declare SORN either online via the Vehicle Licensing Online Website or by telephone by calling 0300 123 4321 - use the reference number shown on your registration certificate or V11 reminder form.

When SORN has been declared for a vehicle, the registered keeper must ensure that it will not be used or kept on a public road until a new licence has been taken out. The declaration will be valid for 12 months unless the vehicle is re-licensed, sold, permanently exported or scrapped.

Licence renewal document checklist

If any of the relevant documents is missing, you will not be able to get a new tax disc.

V5C The Registration Certificate or New Keeper Supplement.
V11 Licence application/renewal form for vehicles up to 3,500kg.
V85 Licence renewal form for vehicles over 3,500kg.
V62 Application for a registration certificate. Required if the registration document is missing.
Valid insurance certificate. The certificate or cover note must be valid on the date the licence comes into force.
Tax amount payable.

Additional HGV documentation

Valid goods vehicle test certificate. Required if the vehicle is over 3,500kg and over one year old. Must be valid on the date the licence commences.
Plating Certificate. Required if the vehicle is being used for the fist time, the registration certificate cannot be produced or the vehicle has been replated since its last licence was issued.
Design Weight Certificate if applicable.
Valid Reduced Pollution Certificate, if applicable.

Additional light vehicle documentation

MoT test certificate. Required if the vehicle is over three years old.

Did you know?

Since September 2008, anyone buying vehicle tax online or by phone or post before the current tax disc expires has been legally able to drive his or her vehicle for up to five days while waiting for the new tax disc to arrive.

To apply for a tax disc online or by telephone, you must have a new-style V5C registration document and MoT/GVT test certificate. These can be checked electronically on the DVLA vehicle database and the MoT Test Certificate database. The vehicle’s insurance will be electronically checked with the Motor Insurance Database (MID), run by the Motor Insurers Information Centre.

Vehicle excise duty

Light goods vehicles (up to 3,500kg)

LGVs registered on or after 1 March 2001 all pay a flat rate of £185 (£101.75 for six months). LGVs with Euro-4 engines registered between 1 March 2003 and 31 December 2006 pay a reduced rate of £125 (£68.75 for six months). LGVs with Euro-5 engines registered between 1 January 2009 and 31 December 2010 also pay a reduced rate of £125 (£68.75 for six months).

More information on the cost of vehicle tax for LGVs.

Heavy goods vehicles (over 3,500kg)

Heavy goods vehicles are classified into one of seven VED bands, according to the number of axles and the gross vehicle weight or gross train weight (called the revenue weight by the DfT). The rules are straightforward for rigid vehicles, but more complicated for articulated outfits, because the number of axles on the trailer can affect which band the rig falls into. See the Government's guide to vehicle taxation for LGVs. If the vehicle has a reduced pollution certificate (RPC) it pays a lower VED rate.

Current VED rate

Standard class (TC01) and reduced pollution (TC45)

Lorry VED band	Standard 12-month rate	Standard 6-month rate	Reduced Pollution 12-month rate	Reduced Pollution 6-month rate
A	£165	£90.75	£160	£88
B	£200	£110	£160	£88
C	£450	£247.50	£210	£115.50
D	£650	£357.50	£280	£154
E	£1,200	£660	£700	£385
F	£1,500	£825	£1,000	£550
G	£1,850	£1,017.50	£1,350	£742.50

Rigid vehicles - VED bands

Vehicle weight	2 axles	3 axles	4+ axles
Not over 7,500kg	A	A	A
Not over 15,000kg	B	B	B
Not over 21,000kg	D	B	B
Not over 23,000kg	D	C	B
Not over 25,000kg	D	D	C
Not over 27,000kg	D	D	D
Not over 44,000kg	D	D	E

Drawbar trailers

Tax is payable on drawbar trailers where the drawing vehicle has a weight of over 12,000kg and draws laden trailers over 4,000kg. To get the total VED payable, add the appropriate band rate for the vehicle to the trailer rate.

Over	Not over	12-month rate	6-month rate	Reduced Pollution Trailer Duty 12-month rate	Reduced Pollution Trailer Duty 6-month rate
4,000kg	12,000kg	£165	£90.75	£165	£90.75
12,000kg	No limit	£230	£126.50	£230	£126.50

Two-axle tractors - VED bands

A two-axle tractive unit with a revenue weight of 38,000kg will fall into either band E or band F, depending on the number of axles on the trailer. If licensed in band E, the vehicle can only operate at 38,000kg when towing a three-axle trailer. It may also operate up to 34,000kg with a two-axle trailer and up to 26,000kg with a one-axle trailer without the need to relicense or replate. To run with two-axle trailers, band F tax is payable.

Paying the higher VED levied in band F gives you more flexibility: you can operate up to 38,000kg with a two-axle trailer provided it has road-friendly suspension (air suspension or rubber suspension qualify as road-friendly; steel springs generally do not).

Vehicle weight	Single-axle semi-trailer	2-axle semi-trailer	3-axle semi-trailer
Not over 25,000kg	A	A	A
Not over 28,000kg	C	A	A
Not over 31,000kg	D	D	A
Not over 34,000kg	E	E	C
Not over 38,000kg	F	F	E
Not over 44,000kg	G	G	G

Three-axle tractors - VED bands

A three-axle tractive unit with a revenue weight of 44,000kg falls into band E or G. Towing a three-axle trailer it falls into band E. It may also operate up to 38,000kg with a two-axle trailer and up to 36,000kg with a single-axle trailer without the need to relicense or replate.

Vehicle weight	Single-axle semi-trailer	2-axle semi-trailer	3-axle semi-trailer
Not over 28,000kg	A	A	A
Not over 31,000kg	C	A	A
Not over 33,000kg	E	C	A
Not over 34,000kg	E	D	A
Not over 36,000kg	E	D	C
Not over 38,000kg	F	E	D
Not over 44,000kg	G	G	E

Official list of costs of vehicle taxation

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

ADR and hazardous goods

Thu, 01 Mar 2012 11:49:35 GMT

ADR and hazardous goods

Some loads are potentially hazardous, including poisons and loads which are explosive, flammable or have corrosive properties. Strict rules apply on the transport of such loads by road (and, indeed, rail, water or air). The rules cover vehicles, packaging and markings on vehicles and containers.

Which laws apply?

UK legislation on the carriage of dangerous goods by road is extensive and complex and now aligned with the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) under Council Directive 94/55/EC, which harmonises the law across the EU. A so-called consolidated ‘restructured’ edition of ADR was published for 2005. The current edition of ADR is that for 2009, effective from 1 July 2009.

The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 ("CDG 2009"), SI 2009 No 1348, came into force on 1 July 2009. They replace the 2007 regulations.

The Regulations implement ADR 2009 (with a number of exceptions). The main duties are now covered by a single regulation, namely Regulation 5. Variations in GB which arise from derogations are now in a Department for Transport (DfT) Approved Document.

The 2009 text of the carriage of dangerous goods rules will introduce additional changes from 1 January 2011 to the carriage of dangerous goods packed in limited quantities, including new placarding requirements for transport units over 12 tonnes tare weight that are carrying limited quantity goods in excess of eight tonnes.

ADR

The ADR regulations (Accord Européen Relatif au Transport International des Marchandises Dangereuses par Route) are published by the United Nations Economic Commission for Europe (UNECE).

Volume 1 of the restructured edition contains the text of the actual ADR Agreement. Part 1 of volume 1 deals with the scope of the agreement, definitions and units of measure, training of persons involved in the carriage of dangerous goods etc. Part 2 deals with the general provisions concerning the classification of dangerous goods while Part 3 is taken up with the actual Dangerous Goods list in which all relevant substances are classified.

Volume 2 contains provisions in Part 4 dealing with packing and tank provisions. Part 5 deals with consignment procedures, Part 6 with construction and testing of packaging and IBCs, Part 7 deals with carriage by road, loading and handling of dangerous goods, Part 8 deals with vehicle crews and equipment and Part 9 with the construction and approval of dangerous goods carrying vehicles.

The latest ADR rules apply from 1 January 2009 and are available online. The 2009 edition is also available in hardcopy or CD-ROM format from UNECE.

Substance classifications

There are nine broad classifications of dangerous goods:

Class 1: Explosive substances and articles
Class 2: Gases
Class 3: Flammable liquids
Class 4.1: Flammable solids, self-reactive substances and solid desensitized explosives
Class 4.2: Substances liable to spontaneous combustion
Class 4.3: Substances which, in contact with water, emit flammable gases
Class 5.1: Oxidizing substances
Class 5.2: Organic peroxides
Class 6.1: Toxic substances
Class 6.2: Infectious substances
Class 7: Radioactive material
Class 8: Corrosive substances
Class 9: Miscellaneous dangerous substances and articles

Hazchem codes

All vehicles carrying dangerous goods have to be clearly marked. Reflectorized orange markers have to be carried at the front and rear. Vehicles carrying class 1 (explosives) and class 7 (radioactive substances) have to display hazard diamonds on both sides. Tankers and tank containers must, in addition, show hazard class diamonds relevant to the primary and secondary hazard associated with the substance carried.

Vehicles on international journeys should carry a Hazard Identification Number (HIN), which is also called the Kemler code.

There is an extra requirement for GB-registered vehicles on domestic journeys. These vehicles must be marked with Emergency Action Codes (sometimes called Hazchem codes) which identify the substance, and include a telephone number for advice in the event of an emergency. See Hazchem consignment rules.

It is an offence to remove panels or signs from a vehicle or to falsify information on any panel or sign, or to display information when the vehicle is not carrying dangerous goods.

Transport Emergency Cards and Vehicle equipment

ADR 2009 introduced significant changes in the rules on the issue of Transport Emergency Cards (Tremcards). Drivers must carry a Tremcard, which is issued by the carrier not the consignor and gives information about the potential dangers of the substance and what action should be taken in the language of any country the vehicle will pass through; a certificate of approval for the vehicle carrying dangerous substances and explosives; and a Vocational Training Certificate (VTC).

ADR 2009 introduced a big change to the instructions in writing, both in terms of the content and who is responsible for supplying them.

Key changes can be summarised as:

From 1 July 2009 the new instructions in writing must be carried when hazardous goods are transported by road
There is now one set of instructions to cover all dangerous goods
The complete instructions in writing text is available to download online free of charge and is also included in the ADR 2009 text
The driver / haulier is now responsible for providing the instructions in writing
The instructions are now only required in a language that the vehicle crew can understand

Operators are required to keep a record of journey transport documentation for at least three months.

Vehicles must be equipped with at least one chock, two warning signs (reflective cones, triangles or self-powered flashing amber lights). Drivers and crew must be provided with safety vests compliant with EN471 and a pocket lamp, and any equipment and clothing needed to deal with spillages according to the information in the Tremcard. For carriage of toxic gases, a respiratory device must be supplied.

Training

Training is mandatory for drivers of vehicles carrying dangerous goods. The DfT website is a good source of information, especially the page on training and professional roles in dangerous goods transport.

Drivers must hold a VTC issued by the DfT, stating that they have attended appropriate training courses and passed an examination. Refresher courses are obligatory. Drivers must produce their VTC to the police or any goods vehicle examiner.

Until 1 January 2007 drivers of dangerous goods vehicles below 3,500kg were exempt from carrying a VTC. ADR 2005 abolished the concession and the two-year transitional period has expired. Companies have been required to appoint Dangerous Goods Safety Advisors (DGSAs) since 2004.

DGSAs need to have obtained a vocational training certificate (VTC), after undergoing training and successfully completing a written examination approved by the competent authority of a member state. VTCs are mutually recognised in all EU member states and in any non-EU states which are signatories to RID or ADR.

The DfT page on Dangerous Goods Safety Advisers has more information on requirements, training and VTC requirements.

Enforcement

The Health and Safety Executive is responsible for enforcement and compliance, and for the classification of explosives for transport purposes.

The police and the VOSA traffic examiners are also empowered to enforce certain parts of the regulations, targeted at ensuring compliance by carriers. They can demand production of the drivers’ documents that are required to be carried and VOSA inspectors are authorised to serve prohibition notices. Offenders can expect to be dealt with severely by the courts on conviction.

Want to know more?

The DfT's website has comprehensive advice on the transport of dangerous goods and the legal requirements. See the DfT Dangerous Goods home page.

Competent Authority provisions under the Carriage Regulations have details of authorisations, exemptions, multilateral agreements and notices allowing deviations from ADR/RID requirements.

If you have got a specific query, there are 12 guidance notes which might answer your question. They offer advice on fuel containers, packaging, fire extinguisher requirements, load limits, limited quantities exemptions, ammunition and explosives, retail packaging, warning signs, oxygen cylinder rules, international bulk container requirements, prevention of leaks in machinery containing dangerous goods, and advice on transporting samples that might contain avian influenza (bird flu) virus.

DfT dangerous goods guidance note 1: Diesel, petrol or kerosene advice.
DfT dangerous goods guidance note 2: Performance testing, certification and marking of packagings, including packages, large packagings and Intermediate Bulk Containers (IBCs).
DfT dangerous goods guidance note 3: Fire extinguisher requirements.
DfT dangerous goods guidance note 4: Load thresholds for carriage of dangerous goods.
DfT dangerous goods guidance note 5: Advice on determining if load is covered under the Limited Quantities rules.
DfT dangerous goods guidance note 6: Carriage of black powder, small arms ammunition and model rocket motors.
DfT dangerous goods guidance note 7 (revised): Derogations on packaging provisions for retail distribution.
DfT dangerous goods guidance note 8: Carrying and using warning signs.
DfT dangerous goods guidance note 9: Carriage of oxygen cylinders by road.
DfT dangerous goods guidance note 10: IBC examination, inspection and testing.
DfT dangerous goods guidance note 11: Dangerous goods in machinery: preventing leaks.
DfT dangerous goods guidance note 12: Avian flu virus.

Updated by Lucy Wood & Anton Balkitis
http://www.keepmeontheroad.co.uk/
Freephone: 0800 046 3066

Defences and exemptions

Thu, 01 Mar 2012 10:56:56 GMT

What are the main exemptions and defences under UK domestic drivers’ hours law?

Drivers’ hours and working time laws together incorporate many different exemptions and defences.

UK domestic hours rules do not apply to:

Drivers of vehicles used by armed forces, police and fire brigades.
Those who always drive off the public highway.
Private driving unconnected with any employment.

It is an offence for drivers to contravene the domestic drivers’ hours rules or for any third party to cause or permit them to do so. The penalty on conviction in a magistrates' court is a fine of up to £2,500. However, you are not liable to conviction:

If the breach was due to unavoidable delay in completing a journey from circumstances that could not reasonably have been foreseen. Written records should be made by the driver of the delay.
If, as an employer, the breach was caused or permitted by another third party (such as a second employer) and you could not reasonably have known about it.

Employers are also protected from conviction in the case of records-related offences if they can prove they took all reasonable steps to ensure drivers kept proper records.

More information about UK domestic drivers’ hours law.

What are the main defences under EU drivers’ hours and tachograph law?

It is an offence for drivers to contravene the EU hours or tachograph rules or for any third party to cause or permit them to do so. However, you are not liable to conviction:

As a driver departing from the rules, if you do so to ensure the safety of persons, the vehicle or its load and provided road safety is not jeopardised. If you do this you should note all reasons for doing so on your tachograph chart or digital tachograph printout.
As an employer, if an hours breach was caused or permitted by another third party (such as a second employer) and you could not reasonably have known about it.

Employers are also protected from conviction in the case of records-related offences if they can prove they took all reasonable steps to ensure drivers kept proper records.

It is also an offence under tachograph law to be driving an in-scope vehicle without a working tachograph. However, drivers will avoid conviction on this score if they can prove that:

They were on their way to a place of repair at the time or that it was not immediately practical for the equipment to be repaired, or
They were on their way to a place of fitment at the time for a tachograph to be fitted, or
Where the tacograph seal is broken, that it could not be immediately repaired and that all other aspects of the regulations were being complied with, and
That they were keeping manual records instead.

More information about EU drivers’ hours and tachograph law

What about the exemptions under EU drivers’ hours law?

There are many exemptions for drivers from EU drivers’ hours rules. They include times when a driver is driving:

Vehicles or combinations of vehicles with a maximum permissable mass not exceeding 7,500kg used for non-commercial carriage of goods.
Vehicles that cannot exceed 40km/h.
Vehicles used in emergencies or rescue operations.
Specialised breakdown vehicles operating within a 100km radius of their base.
Vehicles owned or hired without a driver by the armed forces, civil defence services, fire services and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control.
Specialised vehicles used for medical purposes.
Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service.
Commercial vehicles with a historic status.
Vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50km.

Drivers are also exempt from hours and tachograph rules when engaged in certain types of transport operations in the UK. They include:

Vehicles used by agricultural, horticultural, forestry or fishery undertakings for carrying goods within a 50km radius of the vehicle’s normal base.
Vehicles used for carrying animal waste or carcasses not intended for human consumption.
Vehicles used for carrying live animals between farms and local markets or between markets and local slaughterhouses within a maximum radius of 50km of the vehicle’s normal base.
Vehicles specially fitted out as mobile shops, banks, libraries or places of worship.
Vehicles with a GVW of below 7.5 tonnes carrying material or equipment for the driver’s use in the course of his work within a 50km radius of the vehicle’s normal base, where driving is not the driver’s main work activity.
Vehicles used exclusively inside hub facilities like ports and railway terminals (from 11 April 2007 only).

Note that both off-road and public highway driving will count as driving.

Many other exemptions and derogations also apply.

What about the working time rules?

There are a number of derogations and exceptions that apply to these rules but perhaps the most important one relating to the road transport sector is the exception that applies to self-employed drivers in The Road Transport (Working Time) Regulations 2005.

There are some strict rules, however, about who really qualifies as ‘self-employed’ – those who work for just one customer, for example, are unlikely to qualify. Whether self-employed drivers will be drawn into the scope of the RTD in the future has yet to be determined.

Where can I find out more?

For more information on the exemptions and defences that apply to EU drivers’ hours rules and UK domestic drivers’ hours rules, see the DfT publication Drivers’ Hours and Tachograph Rules for Goods Vehicles in the UK and Europe.

For more information on the exemptions and defences that apply to the road transport working time regulations see The Road Transport (Working Time) Regulations 2005.

For information on the exemptions and defences that apply to general working time rules see The Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2003.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Records required in the cab

Thu, 01 Mar 2012 10:52:17 GMT

Why are cab records needed?

At any time while driving or working, drivers need to be able to prove compliance with drivers’ hours rules. The particular records required depend on whether the driver is called upon to prove compliance with the EU drivers’ hours rules or the domestic UK hours rules. More information on current EU and domestic drivers’ hours rules. Bear in mind also that the EU drivers’ hours rules changed on 11th April 2007 and became more stringent. More information on the changes to EU drivers’ hours rules.

What records are required in the cab for domestic drivers’ hours rules?

Drivers are required to get their employers to sign each completed sheet, detach the duplicate and then return the book. Completed books must be kept by the driver for 14 days after the employer has signed the last sheet, then returned to the employer who must keep them for a further period of 12 months.

When do written records NOT need to be kept under domestic drivers’ hours rules?

If the vehicle being driven on a particular day is not in scope of operator licensing.
If the vehicle being driven is in scope of operator licensing but the driver doesn’t drive for more than four hours on the day in question and also does not drive outside a 50km radius of the vehicle’s operating centre on the day.
If full tachograph records are kept in accordance with all legal tachograph requirements instead.

What records are required in the cab for EU drivers’ hours rules?

Under EU hours rules most large goods vehicles must be fitted with an approved tachograph and drivers must use that tachograph to record their daily driving activities.

When using an analogue tachograph, drivers must enter all their details on the chart including:

Name
Vehicle registration
Date and place where the driving record begins and ends
Time of any change of vehicle
Relevant odometer readings

At any time, drivers may need to show:

All tachograph charts for the current day and the previous 28 calendar days
Any additional manual records that may be relevant

VOSA FAQ on drivers’ hours and tachograph rules.

When using a digital tachograph, drivers must insert their driver’s card into the vehicle unit before commencing driving so that all the relevant details can be written to it. At any time when driving – even if driving a vehicle equipped only with an analogue tachograph – drivers who have been issued with a driver’s card may be call upon to produce:

The driver’s card itself
Any relevant hard copy printouts from the digital vehicle unit

More information about digital tachographs.

Are any records required in the cab to prove working time compliance?

No. Under the UK rules that implement the Horizontal Amending Directive and the Road Transport Directive the onus is on employers, not employees, to keep working time records.

Points to Ponder

Drivers have a legal obligation to keep the records required by drivers’ hours regulations and both enforcement officers and Traffic Commissioners will take a very dim view of any failure to produce appropriate records when required.

It is a serious offence for drivers to flout the drivers’ hours rules AND for employers to cause or permit a driver to do so and action may be taken against both the driver’s driving licence and the employer’s operating licence as a result.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Operator Compliance Risk Score (OCRS)

Thu, 01 Mar 2012 10:39:34 GMT

What is OCRS?

OCRS was introduced by VOSA in 2006. It informs VOSA examiners of the probability of an operator being compliant or non-compliant. It is a mechanism for calculating the risk of non compliance; it is not an operator rating scheme. Vehicles run by operators which are more likely to be non-compliant are far more likely to be stopped and checked.

How will VOSA know each operator’s score?

VOSA use a handheld computer known as a mobile compliance device (MCD). The registration or operator licence number of the vehicle will be keyed into the MCD by a VOSA examiner which then displays information about the operator including OCRS scores. The scores show up as R (red), A (amber) or G (green); the series of colours have a numeric value of 0 to 10. These are known as the Relative Scores.

How are the scores calculated?

OCRS is separated into two categories: roadworthiness and traffic enforcement. Roadworthiness is concerned with the condition of a vehicle and traffic enforcement is mainly concerned with drivers’ hours and weighing checks.

Public Service vehicles (PSVs) and trailers are not specified by registration or identification number on an operator’s licence, so prohibitions in these cases are assigned to the operator’s licence as displayed when the vehicle is inspected and trailers issued with a prohibition will have the prohibition allocated to the licence of the drawing vehicle irrespective of who the trailer belongs to.

The scores are made up of rolling real-time data over a previous two-year time frame and all elements to the mechanism are updated weekly.

The scoring for both of these categories can be historic or predictive.

Historic data includes annual test data, fleet check inspections, roadside encounters and prosecution history. It is also proposed that Graduated Fixed Penalty and Deposit (GFPD) data will also be incorporated into the OCRS scoring process later in the 2010/11 financial year. The higher level of financial penalty will dictate the higher allocated score.

Predictive scores will only be used if no historic data exists for the relevant period and are based on the type of operation and industry that the licence is being used in relation to the operator licence business.

How is the roadworthiness score calculated?

In the case of HGVs, this is based on annual test data through test history - and it should be noted that a passed after rectification at the time of test (PRS) is recorded as an initial fail. In the case of PSVs, as vehicles are not required to be specified, the annual test data set is not considered sufficiently reliable so scores are based on roadside encounters only.

How is the overall traffic score calculated?

The overall traffic score is calculated using data from roadside encounters and certain prosecutions. These mainly relate to drivers’ hours, tachograph offences, the Working Time Directive and overloading infringements.

How does predictive scoring work?

Predictive scoring uses the historic data of operators with similar O-licence characteristics to calculate the likelihood of non-compliance. Predictive scores will only be displayed if no historic score exists - for example, new operators where no test or enforcement encounters have been recorded.

What is an Index Score?

Each time a vehicle is checked and no defects or offences are found, it is treated as a clear encounter. Zero points will be attributed to the operator for each clear encounter. Each encounter is counted as one event. Each defect or offence is given a points rating based on the severity of the defect or offence. A vehicle or trailer sifted where a cursory inspection is undertaken on roadworthiness elements will carry no encounter weighting. A sift dictates that there is no vocational driver input to the inspection.

The scoring mechanism calculates the average number of points per event and this score is termed the ‘Index Score’. Similar operators have their Index Scores compared with each other and a league table of the operators is compiled giving a ‘Relative Score’.

What is a Relative Score?

The Relative Score is allocated based on the league position of operators’ Index Scores. Operators with all clear encounters will have a zero Index Score and also a Relative Score of zero. The worst 10% of operators with an Index Score above zero will have a Relative score of 10. The next 10% of operators will have a score of nine.

This is repeated with every 10% until the 'best' 10% with an Index Score above zero will have a Relative Score of one.

Remember that your score can remain static but you can still move between bands. If the industry overall compliance increases you can fall into the lower band.

The scoring system

In July 2010 the bands for both 'roadworthiness' and 'traffic' were amended to enable more effective targeting. Roadworthiness amber 8 is now red 8 adding one additional red band, whereas Traffic Enforcement bands 1, 2 and 3 went from amber to green - three additional green bands. However, the size of the red band has been increased slightly on roadworthiness.

The bands are now as follows for both 'roadworthiness' and 'traffic':

0-3: Green
4-7: Amber
8-10: Red

How will this benefit operators?

If you are an operator with a green score you are less likely to be targeted than if you have an amber or red score. The objective of OCRS was to reduce the burden on the compliant operators and focus VOSA's attention on potential higher-risk non-compliant operators.

Operators should use their OCRS as a mechanism to monitor the elements that contribute to the overall scores, not focusing on the score but focusing on such items as first-time annual pass rates, and for example what contract maintainers are delivering in first-time pass success. You can delegate your maintenance but you can not delegate your responsibility as a licence-holder.

How can operators find out their scores?

VOSA provides, free of charge, a weekly OCRS update service. To obtain your score, send an email to top.registrations@vosa.gov.uk.

VOSA’s research evidence shows that only 11% of operators have no internet access. These are small operators, predominantly with only one or two vehicles. As such, it is expected that the operator will know whether or not their vehicle has passed its annual test or received a prohibition without the need for a transport manager to receive a management report.

When emailing VOSA you will need to give your:

O-licence number
business name, address and email
contact name
confirmation that you are authorised to receive the information

You will be sent a form for registration.

You will then receive Vehicle Encounter reports and Test Maintenance History reports. You will also be able to manage your O-licence on line. Those operators with no internet access who wish to know their score should send a written request to: Data Services, VOSA, Ellipse Padley Road, Swansea SA1 8AN.

What if an operator wishes to challenge its score?

This system is considered a fair system as all operators are treated the same. However mistakes do happen. The best course of action is for you to check all information which is available to you and report any discrepancies.

The scores being made up from test history, prosecutions and prohibitions issued - where any of these are issued incorrectly or are successfully appealed - the allocated scores will be removed from your overall score.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Changing and varying your O-licence

Thu, 01 Mar 2012 10:37:43 GMT

What if I want to remove a vehicle from my licence?

You must notify the Traffic Commissioner within 21 days and return the disc relating to that vehicle, together with your licence documents and vehicle list, so they can be changed.

If you are not adding a vehicle at that stage, a 'paid-for' credit space will be left on your licence for when you wish to add another vehicle later on.

You can do this by post using form GV80 or online.

What if I want to change the vehicles listed?

There are two methods available to you. If you are not registered for self-service then you can send your licence documents, together with the vehicle list and a completed form GV80. Discs for removed vehicles must be returned with the GV80.

If you prefer, the other quicker method is to register for online self-service. To do this, you need to go to: www.tan.gov.uk/Operator/AuthFiles/VOSA_Login.asp

Once you are registered, you can select any vehicles you wish to remove from the licence by clicking the ‘Remove’ button. If you want to add vehicles to the licence, click the ‘Next’ button, complete the details of the vehicle(s) and click ‘Add’.

If you do not hold credits, click ‘Generate Fee Request’ and a fee request will be sent to you. Discs for any vehicle removed from the licence must be returned to the Traffic Area Office where the licence is held. Discs for added vehicles will be sent to you on payment of a fee if you do not hold credits.

What if I want to use more vehicles?

Your licence lists specified vehicles but also a figure for a maximum total of vehicles, which is normally slightly higher depending on what you applied for. The gap between these two figures is what is known as 'the margin'.

You are allowed to begin using extra vehicles straight away if you do not exceed your maximum vehicle allowance, but you must let the TC have details, either on form G80 or using the online self-service within 28 days of the new vehicles coming into your possession.

If, on the other hand, you want to exceed the maximum number of vehicles permitted on your licence, you must complete form GV81 and send it with an application fee to your Traffic Area Office at least nine weeks before you need the extra vehicles. This will constitute a major variation to your licence and will need advertising.

You will also need to provide details of your finances to the TC to demonstrate that you have the necessary financial standing for the number of vehicles you are applying for.

How do I change or add an operating centre?

Again, this is considered a major variation in your operator licence and you will have to complete form GV81. As with your original O-licence application, the TC will publish details of your application and you will have to advertise it in a newspaper circulating in the area of your proposed new operating centre. That application will then be subject to objections and representations in the same way that your original application was.

May I change the type of licence I have?

Yes, but such a move is also a major variation. For this you need to download form GV80A and apply at least nine weeks before you want the change to come into effect. You don’t have to advertise a change in licence in the local paper, but you will have to provide proof of competence, good repute and financial standing if you are moving from a restricted to a standard licence.

If granted you will not be charged a fee but all your licence documents and vehicle discs have to be returned so your documents can be amended. The change in licence type does not take effect until the application has been granted and the varied licence issued, unless interim authority has been given.

Can I appeal if my application is refused?

Yes. As with other decisions of the TC, you have the right of appeal to the Administrative Appeals Chamber of the Upper Tribunal (formerly the Transport Tribunal). Full details of how to do this are found on the Tribunals Service website.

Can I speed up the process of adding vehicles?

Yes. You will need to enclose a covering letter with your application telling the TC why you need extra vehicles quickly or why you need a new operating centre. The TC may then give permission for you to go ahead on an interim licence, but you must have a full application in the system for any interim licence to be granted.

Do I need to tell the TC of any business changes?

Yes. You need to inform the TC in writing of any major change: for example if someone is taken on as a partner or director, if the business changes to a limited company or if there is any change in the correspondence address of the business. Similarly the TC needs to know if there is a change in the business name, if you are declared bankrupt or of any other major financial changes.

You must also let the TC know if the nominated transport manager changes by filling in form GV80A, enclosing the professional competence certificates of the new manager.

It is also important to let the TC know if you have changed your maintenance provider or arrangements. These changes should be notified within 28 days of their occurrence.

More details

Full details of how you can change the vehicles on your licence, either individually or simply to add more vehicles, are available in part seven of the VOSA Guide for Goods Vehicles Operators (GV74).

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

The Traffic Commissioners' powers

Wed, 29 Feb 2012 10:15:54 GMT

What is the role of the Traffic Commissioners?

The Traffic Commissioners are appointed by the Transport Secretary and have responsibility for:

licensing the operators of Heavy Goods Vehicles (HGVs), buses and coaches (Public Service Vehicles or PSVs)
the registration of local bus services
granting vocational licences and taking action against drivers of HGVs and PSVs

What disciplinary action can the TCs take?

TCs must revoke a standard national or international licence if the holder no longer fulfils the requirements of good repute, financial standing or professional competence. They are also obliged to revoke a restricted licence if the holder has two convictions within five years for using a goods vehicle for carrying goods for hire or reward.

They are also obliged to find that the holder of any licence no longer has good repute/fitness if they have within five years sustained more than one conviction of a serious nature within the meaning of Schedule 3, Goods Vehicles (Licensing of Operators) Act 1995.

As well as the cases where the TCs must revoke a licence, there are many more circumstances where they may do so if they see fit. These include:

the breaking of conditions attached to the licence
vehicles being prohibited because they are overloaded or otherwise unroadworthy
any statements in the licence application turning out to be lies
the licence-holder having been made bankrupt or gone into liquidation
the licence-holder having used an unauthorised operating centre. The DfT website has full details of possible disciplinary action.

If I obey all the rules and regs, will the TCs leave me alone?

If you obey all the rules, your O-licence should be safe, although operating centres are subject to five-yearly review.

Are there any regular checks on my operating centre?

Yes, the Traffic Commissioners have the power to conduct a review of the suitability of your operating centre/s every five years. It is entirely up to the TCs whether or not they carry out such a review in each case, although it is reasonable to assume that they will be guided by any evidence of complaints against the centre in the previous five years.

If the TC chooses not to carry out a review then your operating centre is secure for another five years, unless you do not pay the fees, apply for a major variation or operate outside the terms of your licence.

What does the TC do if he reviews my operating centre?

If the TC does decide a review is necessary, then there is a possibility that they will decide to remove an operating centre. However they may decide that a public inquiry is necessary to allow complainants and the licence-holder the chance to give their views. Alternatively, the TC may decide to take no action.

An inquiry does not necessarily mean there will be alterations to the O-licence, but the TC could set new conditions, on environmental or road safety grounds for example. You will be given the opportunity to make representations to the TC if any of the proposed conditions would have an adverse affect on your business. In some cases the TC might decide to remove an operating centre from the licence altogether.

Is there any possibility of appealing against a TC’s decision?

Yes, you can appeal within 28 days either against a decision to refuse you a licence altogether or against any new conditions attached to an existing licence.

The former Transport Trinunal's Traffic Commissioner work is now dealt with in the Administrative Appeals Chamber of the Upper Tribunal. Appeals should go to:

The Upper Tribunal Office
Traffic Commissioner Appeals
7th Floor, Victory House
30-34 Kingsway
London
WC2B 6EX
DX: 141420 Bloomsbury 7

The Business Link website has information on how to make an appeal.

Once the TC has issued me with a licence, what happens?

You will need to pay a further fee by a due date. Until that is done the licence will not be issued, and if the due date passes you will have to re-apply for a licence.

Once you have paid the fee, the licence documents will be sent to you. They contain full details of what you are allowed, including numbers of vehicles, details of operating centres and other conditions. Identity discs are supplied for each specified vehicle. You need to display each disc in the windscreen of the vehicle to which it belongs and the discs are colour-coded:

Orange for a restricted licence
Blue for a standard national licence
Green for a standard international licence

Do I need to tell the TCs about any convictions?

Yes, you do. A condition attached to all licences means that you must tell your TC of any personal or company convictions or graduated fixed penalties within 28 days.

At application stage, and thereafter, a Traffic Commissioner should be notified of all convictions which are not "spent". Convictions which are "spent" do not need to be disclosed to the Traffic Commissioner.

A conviction is "spent" for the purposes of the Rehabilitation of Offenders Act 1974, when a specific "rehabilitation period" has passed providing that no further crimes were committed during that period. Further information and a leaflet Wiping the Slate Clean can be obtained from:

C4 Division
Home Office
Room 358
50 Queen Anne's Gate
London
SW1H 9AT
020 7273 2397

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Management responsibilities and the CPC

Wed, 29 Feb 2012 10:10:07 GMT

What standards must I meet to get an O-licence?

O-licence applicants must sign a declaration confirming they will comply with certain obligations to be given an O-licence and must continue to maintain standards to keep an O-licence once they have it.These include being a fit person to hold a licence; making proper maintenance arrangements for vehicles; controlling drivers’ hours, records and loading; running a suitable depot (known as the operating centre); having adequate financial resources and, for standard national and international licences, possessing the necessary professional competence qualifications. For full details see Requirements for O-licence applicants on the VOSA website.

Are the requirements the same for all types of O-licence?

No, there are more regulations for national and international licence holders than there are for restricted licence holders. National and international licence holders must show that they are of good repute, meet professional competence requirements and satisfy more rigorous financial criteria. However, in reality the Traffic Commissioner will generally want to see a certain standard of operation and understanding of the rules regardless of the type of licence held.

How are fitness and good repute decided?

For fitness to hold a licence, which applies to all licence applicants, Traffic Commisioners (TCs) will look at any previous vehicle-related convictions: these include defective vehicle offences, drivers' hours breaches, speeding and other motoring offences, overloading or any convictions relating to vehicle testing or plating.

In deciding good repute, which applies to all standard licence applicants but not to those applying for restricted licences, all the offences above – as well as any other convictions in the UK or abroad – are considered by the TCs. It is a legal requirement to declare all convictions to your TC within 28 days of the date of conviction.

What are the vehicle maintenance requirements?

Vehicle maintenance is one of the main objectives of the operator licensing system.

You must keep your vehicles roadworthy and if you do not do the maintenance yourself the TC will want to see a written agreement with the garage that does your maintenance. For further details see the VOSA website under Vehicle Maintenance Requirements in appendix 6 of the Guide for Goods Operators.

Is there any way of finding out how compliant I am compared with other operators?

In addition it is also possible to obtain the operator’s Operator Compliance Risk Score (OCRS) by email or post. OCRS is calculated using two methods which give a historic or predictive score. Historic data includes annual test data, roadside inspections, fleet check inspections and prosecution history. Predictive scores are only used if no historic data exists and is therefore based on the type of operator licence, age of operator licence and size of fleet. The idea is that VOSA use the system at the roadside to identify which vehicles should be checked. Those with the worst scores will be targeted by VOSA as they are more likely to be non-compliant.

To obtain their OCRS, operators should send an email to datacare@vosa.gov.uk stating their operator licence number, business name, address and email as well as a name and confirmation that they are authorised to receive the information. There are 4 types of report available which the operator can request to have sent to them on a quarterly basis. The 4 types of report are OCRS, Vehicle Test Maintenance Statement relating to test failure items, Vehicle Encounter Report including roadside and fleet checks, National Vehicle Defects Report stating the percentage failure rate for all defect items. Receiving these reports is obviously an excellent way to monitor your compliance compared with operators.

What are the financial requirements?

For all licences, you will need to show that you have enough money readily available to keep your vehicles fit for the road. This is known as having financial standing. You will also need to declare any recent financial difficulties, such as bankruptcy, liquidation, insolvency or any disqualification in business.

Requirements for standard national and international licences are again more rigorous than for restricted licences. At present a standard national or international operator is required to show £6200 for the first vehicle and £3400 for any additional vehicles. A restricted operator is only required to demonstrate that £3100 is available for the first vehicle and £1700 is available for each additional vehicle. It is the number of vehicles you are authorised for rather than the number of vehicles in possession which is used for the calculation. Full details are again available on the VOSA website.

Do I need a professional qualification?

If you want a standard national or international licence you probably will. The main way of establishing competence is passing the Certificate of Professional Competence Exam (CPC). However there are two alternatives: one is another of the recognised qualifications (see appendix 4 of the VOSA Guide for Goods Operators, and the other is if you have “grandfather rights”, for which you will need to have been in operation before 1 January 1975. If you do not already hold a grandfather rights certificate you cannot now claim one.

If you are running on a restricted licence, then no qualification is required. It is however advisable to read up on your obligations, to consider enrolling on a course and to attend a few seminars to ensure you understand what is required of you.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Applying for an O-licence

Wed, 29 Feb 2012 10:06:33 GMT

Who needs one?

Anybody who operates goods vehicles above 3.5 tonnes gross vehicle weight for commercial purposes on UK roads requires an O-licence - this covers hire or reward hauliers, businesses that run their own fleets (own-account operators), and local and public authorities. A licence is needed even for short-term rental vehicles hired for as little as one day. The best guide to this is the Vehicle and Operator Services Agency (VOSA) guide for operators (GV74).

Who does not need one?

Privately run goods vehicles, such as those kept and run by vintage vehicle enthusiasts, do not require an O-licence. Crown vehicles are also excluded.

Also excluded is anybody operating small goods vehicles, defined as one with a gross plated weight of not more than 3.5 tonnes (or 1,552kg unladen if there is no plated weight). Also see Are Any Vehicles Exempt? below.

Whose name needs to be on the O-licence?

The applicant should be the "user" of the vehicles. The "user" for operator licensing purposes is the owner of the vehicle, including hired or leased vehicles in his or her possession or the person who controls the use of the vehicles if this is not the owner. If the business is in the form of a company then it is the company who should be named as the holder of the licence. If it is in the form of a partnership, then it should be in the name of the partnership.

What types of O-licence are there?

There are three basic licences, as follows:

A restricted licence: this is restricted in the sense that it only allows you to carry goods on your own behalf, not for hire or reward. It is not restricted in the area it covers and you may operate your vehicles both in the UK and abroad.
A standard national licence: this allows the carriage of goods for hire or reward (as well as on own-account, if required) in this country. It also allows own-account trips abroad.
A standard international licence: this is the most comprehensive O-licence and allows carriage of goods for hire or reward or on your own account within the UK and overseas.

Are any vehicles exempt?

Yes. Small goods vehicles under 3.5 tonnes plated weight are the main exclusion, but there is also a long list of specialist vehicles that do not require O-licences, including the following:

farm tractors
threshers
forestry vehicles
snow ploughs
hearses
emergency vehicles (fire, ambulance or police)
vehicles with no permanent body, being used solely for test or trial
steam vehicles
recovery vehicles

For a comprehensive list go to page 30 of the Guide for Operators.

Where do I apply for an O-licence?

At present applications still have to be made by post. An application pack for the O-licence system is available from VOSA either by telephoning 0300 123 9000 or from the VOSA website. Regardless of which Traffic Area you are in, the address is the same as all administration has now been centralised at the office in Leeds. However, if you are planning to have operating centres in more than one Traffic Area, then seperate applications must be made. The address is:

VOSA Central Licensing Unit
Hillcrest House
386 Harehills Lane
Leeds
LS9 6NF

The most useful forms on the VOSA website are GV74 (a guide for operators), GV79 (the application form itself), guidance notes on the GV79, GOL 6 (a model maintenance agreement between an operator and a garage agreeing to service their vehicles) and TM1G, the form on which the details of the transport manager must be completed.

How long beforehand should I apply?

At least 10 weeks before you need the O-licence to begin. If you urgently need to start operating then you should write to your TC and tell them and they may issue an interim licence. But they can only do so if you already have a full licence application already within the system. And an interim licence does not guarantee that you will get a full licence.

At present the central administration unit appears to be experiencing delays and therefore it would be advisable to apply more than 10 weeks in advance of the licence being required.

How many vehicles should I ask to be covered?

Your O-licence should cover the number of vehicles you intend to operate, including trailers, plus a few extra to cover possible increases in business and emergencies, such as breakdowns. This extra number of vehicles and trailers is commonly referred to as “the margin”.

Do I have to renew my licence?

Under the continuous licensing system introduced in 1996 your licence is yours for life unless you surrender it, fail to pay the fees or break its terms and conditions. The Traffic Commissioner does however have the discretion to review the suitability of an operating centre every five years. They will take into account the operator's record and whether it has attracted any unwanted attention in making the decision whether to allow the licence to continue. Remember that the TC has the power to curtail, suspend or take away your licence at any time if you do not keep within the law.

What else do I need to do?

You are required by law to advertise your application for an O-licence in a local newspaper, so that anybody who owns or occupies a building or land nearby has the opportunity to object to your application, should they wish to do so. The GV79 O-licence application form contains a blank advertisement form.

You are advised to choose a newspaper in which other public notices regularly appear (such as notice of planning applications placed by local authorities) - the Central Licensing Unit (CLU) can advise on suitable newspapers.

What laws govern the O-licence system?

The main legislation covering the O-licence system is the Goods Vehicles (Licensing of Operators) Act 1995.

What are the current Vehicle VED rates?

These can be found on the following government direct websites:

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066

Legal

Compliance and Best Practice Bulletin

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Balancing the scales of justice

Daily checks of wheels and tyres

Inflation

Correct specification

Offences

Other sources of information on tyres and tyre safety

Torqueing wheel nuts and studs

Checking vehicle safely – reports available

Compliance and record-keeping

What’s it all about?

What records are required for UK domestic drivers’ hours rules?

When do written records NOT need to be kept under domestic drivers’ hours rules?

What records are required for EU drivers’ hours rules?

What records are required to prove working time compliance?

Points to Ponder

Offences, infringements and penalties

Drivers’ hours law

Working time rules

Where can I find out more?

Points to ponder

Digital tachographs

What’s it all about?

How are they different from analogue devices?

What are these cards and where can I get them?

What data does a digital tachograph hold?

How often should it be downloaded?

What about driver card downloads?

Can a digitally equipped vehicle be driven without a driver card?

Where can I find out more?

Points to ponder

Weights and dimensions / vehicle plating

Weights and dimensions / vehicle plating

Which laws apply?

Definitions

Plated weight

Downplating

Weights

Did you know?

Authorised weights

Maximum axle weights

Maximum gross weight

Train weight of tractor-trailer combination

Dimensions

Height

Width

Length

Turning circle

Vehicle checks and maintenance requirements

Maintenance systems

Forward planning

Daily walk-round checks

Drivers’ defect reports

Monitoring systems

Vehicle offences

Speed limits and overtaking

Speed limits

Speed limiters

Overtaking

Points to ponder

Disciplinary and dismissal procedures

Dealing with disciplinary issues – practical steps

Further reading

Special Types (STGO) and abnormal loads

What the law says

What is an abnormal indivisible load?

STGO operations

ESDAL

Notification procedures

Notices

Marking and attendants

Vehicle licensing and tax (VED)

Licence renewal document checklist

Additional HGV documentation

Additional light vehicle documentation

Did you know?

Vehicle excise duty