Operator-licence update: new UK Regulation, Guidance & Directions update and financial standing, by TIm Ridyard, Partner, Woodfines Solicitors
Arising out of the revised operator licensing regime (in force 4th December 2011 Road Transport Operator Regulations 2011 have just been published which will facilitate certain relaxations of some rules and also include other necessary changes caused by the EC Regulation (1071/2009). In addition two further regulations have been published with regard to Community licences in both the goods and the passenger sectors.
Necessary changes have also had to be made to the Senior Traffic Commissioner's Statutory Guidance and Statutory Directions and the formal written consultation on this was published on 9th November 2011 with a very tight consultation closing date of 22nd November 2011. This consultation addresses changes made in the Guidance and Directions brought about by the EC Regulation only - nevertheless it might properly be said that such a short consultation window is difficult if not impossible for the wide range of consultees within the sector who may wish to be heard. It remains the case that important legislative changes are often announced very late and/ or there is little consultation time.
The public consultation is to be found at www.dft.gov.uk/consultations/dft-2010-42 and is called the Public Consultation on Senior Traffic Commissioner's Statutory Guidance and Statutory Directions.
The Guidance and Directions with regard to financial standing indicate that with effect from 1st January 2012 operators of Standard licences will require lower amounts of £7,700 for the first vehicle and £4,200 for each additional vehicle (revised downwards from £8,100 and £4,500 respectively). Revaluation of these amounts took place based on the value of the pound against the Euro on 1st October (the 2012 level is based on €1 = £0.85). The amounts required for Restricted licences remain unchanged at 3,100 and £1,700 respectively.
Tim Ridyard is a Road Transport & Logistics Lawyer and Partner at Woodfines Solicitors based in Cambridge ( offices also in Milton Keynes, Bedford and Sandy ) tridyard@woodfines.co.uk, 01223 411421 and @TransportLaw on Twitter.