David Mullan, Transport Regulation Unit

David Mullan

Head of Transport Regulation Unit

LICENSING SYSTEM NOW GONE DIGITAL

Back in the March edition we included an article called “Future of licensing applications – Going Digital!” I’m pleased to report that, after an initial amnesty during which the final remnants of paper forms were accepted and processed, the Vehicle Operator Licensing (VOL) System has now “Gone Digital”.

Going forward applications

for an operator’s licence, or to make a major variation to an existing licence, must be completed using the VOL self-service system. This, along with the recently introduced application checker, allows those making an application to see those important things they need to do in order to get their application right first time. This is part of our commitment to continuously develop the VOL system to ensure that it meets the needs the modern day – faster, more accurate processing, cutting down unnecessary extra work for you and for our caseworkers. This gets you on the road and compliant faster. If you don’t currently have access to self-service you can create an account now at www.vehicleoperator-licensing.service.gov.uk The Self-Service system is also used to apply to add Light Goods Vehicles to your licence. The extension of the licensing requirements from vehicles over 3.5t to include vehicles over 2.5t when used internationally for hire and reward is now well established. With Northern Ireland having the UK’s only land border with the EU there’s a particular need to ensure that you meet the new requirements.

TRACTION ONLY OPERATIONS

In line with our colleagues at the Office of the Traffic Commissioner, the Department for Infrastructure is concerned with multiple cases this year where it has been suggested that some trailer suppliers and operators are avoiding responsibilities to ensure safe operation of trailers on the road. The lack of adequate arrangements regarding regular and frequent brake testing and regular maintenance has been a prominent failing. The potential impact on our roads is significant and the Department feels the need to issue warnings regarding this type of third-party trailer operation. For the avoidance of doubt, operators providing traction-only services to third-party trailers are responsible in law for the condition of that trailer when in use. Transport managers are also required by law to manage the transport operation continuously and effectively. The operator’s licence requires “satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition”. In that context, “vehicles” includes any trailer (including those from abroad) being drawn. An operator providing tractiononly services must have trailer authority on that licence and must specify an inspection period. The trailer provider is likely to have its own inspection periods, which should be based in part on the age and characteristics of the trailers and work involved. However, the operator needs to satisfy themselves that it is appropriate. The operator must ensure that any trailer it operates meets the stated frequency for inspection. If the operator cannot satisfy themselves that a suitable assessment has taken place, then the operator must make their own assessment, as per the declared intervals. Operators involved in this type of work should refer to the current DVA Guide to Maintaining Roadworthiness, the link to the brake testing guidance, and may be further assisted by reference to the IRTE publication: Roadworthiness: Industry Best Practice for third party trailer operators, which includes a suggested “Co-operation request letter to trailer owner”. Responsible suppliers of trailers have already taken the advice to ensure that operators have access to relevant information which indicates the annual test expiry, the date of the last Preventative Maintenance Inspection, for trailers not fitted with electronic brake performance monitoring the date of last roller brake test and to confirm that this was laden, and contact details for reporting of defects. Drivers may also require additional training on conducting an effective walk-around check.

DRIVER POSTING – UPDATE

On 2 February 2022 the EU implemented new rules as part

David Mullan

Head of Transport Regulation Unit

of the EU Mobility Package which apply to operators who move goods from point to point outside of their home state. Effectively, any operators moving goods from place to place within an EU state outside of their state of establishment, or between two other member states, have to make a declaration on an EU web portal, where they must provide information about the drivers they will deploy on those operations. These drivers are considered by the EU to have been ‘posted’. The aim is to ensure that pay and conditions for drivers are equalised across Europe. The Trade and Cooperation Agreement between the UK and Europe, which established frameworks for commerce and business between the two territories post-Brexit, applies the same requirements to UK operators who wish to operate within the EU. An article in the March edition of this newsletter provided details on how the new system works. At the present time the system is working without effective enforcement in the United Kingdom, as legislation is not yet in place to ensure compliance by both UK and EU operators. This doesn’t mean, however, that there is no enforcement at all happening across the European Union, as each member state will be taking its own approach towards managing compliance. It is possible that some countries will place a heavy emphasis on checking that driver posting has been properly carried out, whereas others will not see it as a priority. Within the United Kingdom, legislation is currently being prepared which will formalise the rules for both home-based and EU haulage companies. Two separate legislative instruments are required, one of which will establish a means by which UK operators who fail to comply with the posting requirements can be sanctioned, and one which will enable sanctions against EU operators who are similarly failing to comply. The first of these will re-make the existing legislation around European Conference of Ministers of Transport (ECMT) permits, inserting the driver posting requirement into the ECMT regime. All journeys into Europe are required to have either an ECMT permit, or an exemption. The vast majority of the journeys requiring posting will fall under the existing exemption provisions. So, the legislation will be amended to say that, where an operator doesn’t carry out the required driver posting, their exemption will be considered null and void, and so they will be operating without a permit and without an exemption. These Regulations will be drafted in the autumn and are currently expected to be laid in early 2023, becoming operative in Spring 2023. The second instrument will have to be made locally, via the Northern Ireland Assembly, as it will change aspects of devolved legislation. An equivalent set of amending regulations will be made in Great Britain, to cover England, Scotland and Wales, and is likely to come into operation in Spring 2023. It is important to note that all of this will only apply to those operators who are moving goods from place to place in other EU member states. This will include the Republic of Ireland. More information will be made available as we move towards the making and laying of the amending legislation. You can find the published guidance on the following link: New rules for international road haulage in 2022 | Department for Infrastructure (infrastructure-ni.gov.uk)