Feature Articles

In their latest version of their statutory guidance, the Traffic Commissioners added a new section on driver employment status (document 5 — Legal entities) which highlights their concern over the issue of employment and self-employment in the transport industry. This article by tax expert Mark Cawthron provides an update ahead of the introduction of the new off-payroll rules for workers in the private sector with effect from 6 April 2020. In doing so, he looks at the related question of employment status, where legislative change is also anticipated. This will be of interest to PSV operators who regularly use the services of such individuals in the course of their business, such as those employed by personal service companies, and any HGV operators who have to deal with the issue of employment status in their business. At the foot of this article is a summary of a case where the Tribunal considered a pool of drivers to be engaged to work essentially as “day labourers”.

It is well established that road transport operators have a crucial part to play in minimising the harmful emissions outputs produced by road vehicles. Congestion charging and the newly-introduced ULEZ, strict engine manufacturing standards and the use of AdBlue to fuel selective catalytic reductions systems are all means by which emissions outputs can be reduced.

James Backhouse and Andrew Woolfall from Backhouse Jones Solicitors summarise the changes to tachograph technology.

In recent years the enforcement landscape — whether we are talking in terms of prosecutions through the criminal court system or regulatory action by the Traffic Commissioners — has seen regular change and it now appears set for further revision as digitisation and new technologies take hold. Andrew Woolfall of Backhouse Jones solicitors looks proposed changes to the enforcement strategy across the commercial transport industry.

In this feature article, Consultant Editor, Caroline Raine discusses the impact on the transport of dangerous goods in the wake of the expected UK departure from membership of the EU.

On 8 April 2019, the London Ultra-Low Emission Zone (ULEZ) came into effect covering the same area as the Congestion Charge and with stricter emissions standards for heavy vehicles than the existing Low Emission Zone (LEZ).

The UK is set to leave the EU with, at the time of writing, no deal agreed regarding the future relationship. Richard Smith looks at the current options and at any plans that can be made based on a degree of certainty.

At the time of writing this article, the actual date that the UK leaves the EU is still somewhat of a mystery for all of us and the consequences of Brexit are causing the UK Government to review many different pieces of legislation in order to make sure that existing UK laws will continue to function after EU exit day. One area of particular concern for enforcement authorities and road transport businesses alike is the control of drivers’ working hours and the tachograph equipment used to record them. Andrew Woolfall of Backhouse Jones solicitors takes a look at the new UK legislation.

This feature summarises the key laws in commercial transport that are affected by Brexit. Due to the current uncertainties over when the UK is set to leave the EU, this timetable will be updated again when the situation becomes clear.

Stuart Chamberlain, author and senior employment consultant at Croner-i, considers the implications for employment law and immigration if the Government is unable to obtain Parliament’s approval for withdrawal from the EU and there is “no deal” when the UK leaves the EU. He distinguishes between the short-term and long-term effects and implications and offers some advice to employers.