David Mullan, Transport Regulation Unit

David Mullan

Head of Transport Regulation Unit

COMPLIANCE IS THE KEY

Welcome to this latest edition of the TRU Newsletter. During this series of communications, the Department has sought to provide advice and guidance to enable compliant management of transport operations; to provide links to valuable sources of information; and to outline plans for the future - this edition, for example, provides an introduction to the future extension of operating licensing into Light Goods Vehicles used for international hire and reward.

We are keen, however, to highlight topics that you wish to understand better. Do you have any burning questions? Do you see challenges that you feel we might not fully appreciate? Do you have concerns for the future? If so, we want to hear from you. Please send in proposed topics for future publications to TRU@ Infrastructure-ni.gov.uk and start your message “Newsletter”. We’ll aim to include key topics within future editions to assist. Compliance is the key to holding a goods vehicle operator’s licence and there are a number of requirements established within the legislation which underpins the licencing regime. Failure to be compliant with the rules could be in part due to a lack of understanding of the requirements, or becoming lax over a period of time. This can quickly become your undoing so please: If in doubt, ask. Advice and Guidance can be obtained from Transport Regulation Unit, the Driver & Vehicle Agency, and professional bodies such as Logistics UK, the RHA & CILT. In addition there are a number of very good transport consultants and transport managers across the country. Look into CPC refresher courses. Time moves on very fast, and before long CPC qualifications are old, and technology and regulations have changed. Regular ‘Continuous Professional Development’ should become part of your management programme. If your CPC Certificate is over 5 years old, now is the time to sign up for one of the many CPC refresher courses available. Whilst professional competency and the services of a transport manager are required for Standard Licence holders, fitness is still a requirement for Restricted Licence holders. Transport or haulage may not be the primary part of your business, but how would you manage without it? Many organisations run Operator Licensing Awareness Courses which provide an essential introduction to the management of the transport element of your business. In order to remain a compliant operator knowledge, understanding, and application are all critical. If there is anything you’re unsure about, just ask!

IN-CHAMBER HEARINGS

The Department restarted In-Chamber Hearings (ICH) earlier this year and there are a few things you should know if you’re called up to one. These are hearings that are held “In-Chambers”, which means a private hearing between the operator and usually the Deputy Head of the Transport Regulation Unit. A note taker will be present to record the meeting, and on occasion a specialist may be called to address specific issues with a case. These hearings are the first in a three stage approach to deal with issues of non-compliance. The other two stages being a Preliminary Hearing and then a full Public Inquiry. The Department will want to address issues that are starting to be of concern, an example of this could be a low first time annual test pass rate, infringements these can be in relation to drivers hours, vehicle defects, or loading. Other areas which may give the Department concern would include establishment, how the licence is being managed or an unsatisfactory compliance report. The Department’s aim with these hearings is to assist the operator to understand the concerns and become compliant again, however if this is not achieved with an ICH, the only alternative may be escalation to one of the other two stages where regulatory action against the licence may be considered. You will receive a call up letter setting out the reasons why you have been invited and giving a date for the hearing. If there is a compelling reason why you could not attend the hearing on this date it is important to contact the Department as soon as possible to arrange a new date. Review the issues presented to you in the call up letter and gather all available evidence which you may wish to present at the hearing. Communication with the Department is key and you can start submitting any documentation required for the hearing and, if you have any questions about the hearing, don’t hesitate to contact TRU. You may also want to consider whether to consider if you need professional advice, in the form of a transport consultant, trade association such as RHA, Logistics UK or any other professional body. Proper preparation for the hearing will make this process a lot easier as the onus will be on you to demonstrate that you are a compliant operator. You

David Mullan

Head of Transport Regulation Unit

will need to be in a position to show the Department during this hearing, what happened and why, how you have resolved the issues identified, and what you are doing to prevent recurrence.

THE WAY FORWARD

At the conclusion of the hearing the DHTRU will explain the outcome of the hearing. There can be a number of outcomes: No further action required, where all of the issues have been resolved and the case is closed. There may be some follow up actions for example a compliance audit carried out after a specified time, or a further check on first time pass rates. Further action may be required where insufficient evidence has been presented or where genuine concerns still exist with regard to the functioning of the licence. In this case time will be given to present further evidence. If the Department is of the opinion that no changes have been made, or that there has been an unwillingness to address the issues, then the case may have to be escalated to another hearing, or indeed direct regulatory action taken against the licence. It is always the intention of the Department to help and assist the operator to keep their licence and remain compliant, but it should also be noted, that the Department has a statutory duty to take regulatory action to ensure road safety and maintain a level playing field for all operators.

UPDATE FROM THE FREIGHT POLICY TEAM

Do you operate vans in the EU? The Rules are changing. From 21 May 2022 the rules governing the use of vans and light goods vehicles carrying goods for hire and reward to any EU member state (including the Republic of Ireland) will change. After that date, anyone operating an in-scope vehicle between 2.5 and 3.5 tons will be required to have a goods vehicle operator’s licence and a UK Licence for the Community (UKLC). In order to obtain a UKLC, the operator will need to apply for a Standard International Goods Vehicle Operator’s Licence (“SI Licence”). When an SI Licence is issued, the UKLC is issued at the same time. The Department is working to ensure that legislation is in place to enable the issue of operators’ licences to those who are affected. Vehicles which are only incidentally used as part of someone’s work, for example vans used by plumbers, electricians, or other tradespeople to transport themselves and their tools will be out of scope. To ensure that the necessary legislation is made in time, the Department for Infrastructure is collaborating with the Department for Transport in the production of a single piece of legislation which will make the changes on a UK-wide basis. Why are the rules changing? The EU adopted what is known as Mobility Package 1 in 2017, with the aim of tightening up the rules around the carriage of goods for hire and reward generally, by removing factors undermining fair competition between resident and non-resident operators and to address shortcomings around how the rules were applied and enforced. The final elements of the mobility package will become law in all EU member states on 21 May 2022. If you don’t operate in the EU (including the Republic of Ireland) then you won’t have to do anything. The domestic Northern Ireland rules aren’t changing, nor are the equivalent rules in Great Britain. If you operate a van or light goods vehicle in the EU, though, you may have to take some action. How will I know whether I need to act? The new requirement applies only to vehicles carrying goods for hire or reward for someone else. So, if you carry your own produce, for instance, you won’t be affected. If you carry tools as part of your business, you won’t be affected. However, if someone pays you to carry something for them, whether it’s from Lurgan to Lisnabreen, or from Letterkenny to Laragh, you will have to have an operator’s licence. I’ve never had an operators’ licence before; what will I have to do? New operators will have to apply for a licence. The requirements are essentially the same as for operators of heavy goods vehicles, with some relaxations around financial requirements and operating centres. Applicants will have to meet the competency requirements, too, which may mean contracting the services of a transport manager, or obtaining the necessary qualifications. For anyone who has been operating an in-scope vehicle for more than 10 years, there will be a process to enable you to be exempted from the competence requirements for up to three years, during which time you will need to either get qualified or engage a transport manager. I’ve already got an operator’s licence: what will I have I do? Simply apply for a variation to increase the size of your fleet to account for your vans. When is this happening?

The EU requirement will commence on 21 May 2022. The Department is working with the Department for Transport and the Driver and Vehicle Services Agency (DVSA) to set up the necessary webpages and application processes. However, these can’t be opened to the public until the legislation covering both NI & GB is laid in Parliament, which should be around the end of November. The dates will be announced as soon as they are confirmed. What should I do now? You should watch for further information from the Department. If you know of anyone who may be affected, please make them aware. If you feel your own business may be in-scope, you should take steps to find out more about the requirements. The Department will shortly be providing a web page with up to date information and links, but in the meantime you can get more detail by emailing Richard.crawford@ infrastructure-ni.gov.uk.