Appeal decisions — role of the transport manager

19 December 2017

A transport manager nominated on a standard national or international O-licence is required to have continuous and effective management of the transport operation. If a Traffic Commissioner decides that a transport manager has lost his or her repute then the legislation requires disqualification from acting as such — Upper Tribunal rulings in two appeal cases. Michael Jewell reports on findings in cases decided by the Upper Tribunal in April and November 2017.

Brake testing

12 December 2017

The Traffic Commissioners have warned operators that brake testing must be carried out better and more often as a part of routine safety inspections. They say that far too often, Driver and Vehicle Standards Agency (DVSA) enforcement officers are finding that testing of brake performance is far too often carried out in a less than rigorous way — and often not carried out at all.

Employment status

5 December 2017

Almost since employment rights were first pioneered, there has been controversy and debate about the status and rights of working people. Lynda Macdonald, freelance employment law advisor, explains the importance of distinguishing between the types of employment status.

Taxing “disguised employment” — the IR35 regime

14 November 2017

There has been press speculation that Chancellor Philip Hammond is considering, for the November Budget, a raid on freelance workers in “disguised employment” in the private sector. In the haulage sector, this could be relevant to hired-in freelance external transport managers as well as to drivers who are not on the payroll. Whether there is action here or not, the high profile attaching to “disguised employment” continues. In this article, Croner-i tax writer Mark Cawthron, runs through some aspects of this complex subject.

DVSA’s remote enforcement office

31 October 2017

Andrew Woolfall of Backhouse Jones solicitors looks at the development and “relaunch” of Driver and Vehicle Standards Agency’s (DVSA’s) remote enforcement office (REO), and examines the remit of its officers.

Periods of availability explained

10 October 2017

Gordon Humphreys of Foster Tachographs Limited takes a look at the details of this complex aspect of the EU drivers’ hours rules and tachograph mode selection.

Multi manning — beware the pitfalls

3 October 2017

The mainstream media has been awash with news of the announcement that next year, “self-driving” lorries will be tested on UK roads. The concept involves platoons, limited (in the UK, at least) to three lorries travelling in close formation. The lead lorry will be controlled by a driver, while the other two will be programmed to communicate wirelessly with the leader, following digital instructions to accelerate and brake. All of the vehicles in the convoy will require human drivers to steer and if needed, to take full control of the vehicles at any time. Richard Pelly of Pellys Transport & Regulatory Law looks at the role that multi manning may play in this context, and reminds operators of the rules.

Handling dangerous goods — loading and unloading

12 September 2017

In this article, Caroline Raine discusses the legal requirements for all participants that handle laid out on specific requirements for both loading and unloading dangerous goods.

Reporting of accidents involving dangerous goods

22 August 2017

In this article Andrew Shylan, of AJS HAZ Training, discusses the reporting of accidents that involve dangerous goods with information on what needs to be reported and how to make the report. There are also some top tips on what to consider when making plans.