There are a number of very important areas of
legislation that apply to running vans and other light commercial
vehicles. For full details of all the legislation go to the Department
for Transport website at www.dft.gov.uk but for convenience here is a
summary of the key laws and regulations:
Drivers who passed their standard driving test
before
1st January 1997 can normally drive a vehicle of up to 7.5 tonnes gross
vehicle weight (GVW) without further testing. Those who passed their
test after this date are limited to a maximum GVW of 3.5 tonnes on
their existing licence. It is important to remember that the 3.5 tonne
limit can be exceeded by fitting a trailer to a vehicle.
ke.org.uk) and
The Royal Society for the Prevention of Accidents(www.rospa.co.uk).
Speed Limiters
All new vans over 3.5t Gross Vehicle Weight (GVW)
and
all new minibuses with more than 8 passenger seats must be fitted with
a speed limiter. This has been set at 56mph for the vans and 62mph for
the buses. This is for vans which will be travelling to the continent.
Existing vehicles have until Jan 2006 to be retro fitted. If the
vehicle is only for use in the UK then new vehicles have until Jan 2008
while existing ones have until Jan 2007
Working Time Directive
This is also known as the Road Transport Directive
and
it outlines working conditions for mobile workers i.e. drivers. It is
primarily aimed at the heavy goods sector (i.e. over 3.5t GVW) but
there a number of provisions for the drivers of LCV’s. This
also
applies to the drivers of minibuses. The main points are:
- An average 48 hr working week, typically
averaged over a 4 month period
- Drivers can’t exceed 60 hr work in a
single week
- A 10 hr limit for night drivers over a 24 hrs
period
Seat Belts
A new law has just come into force stating that
people
making deliveries and who travel for more than 50 metres between stops,
now have to wear seat belts. This applies to all drivers and passengers
on public roads.
Benefit in Kind Tax
New tax laws will come into force on 6th April
2007. The
main change is the increase of the scale charge from £500 to
£3,000 if there is any private mileage. This in effect is a 6
fold increase in the amount of tax paid by the driver. For a basic rate
tax payer this will increase the annual tax burden from £110
to
£660.The devil however is in the detail. There has also been
a
change in the way that Private Mileage has been defined. No private
mileage = No tax, One private mile = Full tax. However if a driver has
to take a van home as part of their job, i.e. on-call service engineer,
then this is not considered private usage, but taking the family for a
weekend away is. This stipulation does not apply to self employed owner
drivers. What is still not clear is where the burden of proof lies
around the private usage of the van. Does the company have to manage
and report or is it up to the individuals? In each case it is not clear
how you can prove that there is no private usage.
Operating Weight Limits
All vans are assigned a Gross Vehicle Weight (GVW)
limit
when they are certified for use on the roads. For example a GVW of
3,500kg or 3.5t, means that that the total weight of the van including
the driver, any passengers, fuel and the load itself must not exceed
this weight. Most van operators know this, however there are two other
factors that need to be taken into account.
1 –Is the van going to be towing
anything?
If this is the case then the Gross Train Weight
(GTW)
has to be taken into account. This is total permissible weight of the
vehicle + the trailer. This figure will vary depending on whether the
trailer is fitted with a braking system or not. A braked trailer has a
total weight limit of approx 2,000kg (inc. the trailer itself) while an
unbraked trailer would only be around 500kg. It is the GTW that is
actually used to assess if the vehicle needs to covered by an
‘O’ licence
2 –Axle Weights
This is a point commonly missed, each axle also
has a
weight limit. Again if the vehicle exceeds either the Front or Rear
Axle Weights then it is breaking the law. In fact it is perfectly
possible for the van to be under the GVW weight limit but exceed the
Rear Axle limit, thus being driven illegally. It is therefore important
that the load is distributed correctly You are also responsible for the
maintenance and storage of the certificates of compliance which have to
be passed on when the vehicle is sold. Failure to do these things will
result in hefty fines.
PSV Licence
PSV or Public Service Vehicle licence applies to
any
vehicle designed to carry 9 or more passengers as well as the driver.
It applies to these vehicles if they are used for Hire or Reward, i.e.
where the company is paid for the use of the vehicle. This
doesn’t have to mean straight cash payments, a free service
bringing people from an airport to a hotel is still considered to be a
reward to incentivise customers to use the company’s service.
If
you are even slightly unsure on this, or on any of the other
regulations which have to be met by both the company and the drivers,
check with the Vehicle and Operator Service Agency or VOSA to
understand the exact responsibilities.
"O" or Operator Licence
This is the licence that applies to practically
all
operators of vehicles over 3.5t GTW (see Operating Weight Limits). This
licence sets out a number of different criteria which have to be met by
both the driver and the operating company. Companies which have O
licences are also subject to random inspections by VOSA to ensure that
they are operating their fleet to the correct standards. These include
things such as the fitting of tachographs; driver’s working
hours; vehicle servicing timescales and towing trailers.
LOLAR Regulations
These regulations cover the fitting; maintenance
and
operation of any lifting equipment. Lifting equipment is defined as
equipment which lifts or lowers a load and all the associated
attachments, for example Cranes and Tail lifts. The operator of the
equipment is liable for the training and correct operation of the
equipment. However the maintenance is the responsibility of the company
who have the maintenance contract for the equipment.
Use of Mobile Phones
What’s the legal situation?
On 24 June 2003 the Department of Transport announced that as from 1
December 2003, driving whilst using a hand-held mobile phone will be a
legal offence under the Road Vehicles (Construction and Use)
Regulations 1986.
What are the penalties?
Initially, offenders will be subject to a £30 fine, which can
be
increased to a maximum fine of £1,000 (£2,500 for
drivers
of goods vehicles or those manufactured or adapted to carry nine or
more passengers) if the matter goes to court. Also, the Government is
planning to legislate to make the use of hand-held mobile phones while
driving an endorsable offence so that drivers will also receive three
points on their licence each time they are caught holding a phone.
Does that mean it is safe to make and receive
hands-free calls?
While it is not illegal to use a hands-free mobile phone while driving,
hands-free calls are also distracting and drivers should be aware that
they still risk prosecution for failing to have proper control of their
vehicle.
Is it illegal to use a hand-held phone while
stationary?
Under existing law a person may be regarded as
‘driving’ if
the engine is running – even if the vehicle is stationary.
Hand-held phones should not therefore be used at traffic lights or
during short hold-ups.
What’s the definition of hand-held and
hands-free phones?
A hands-free phone is one that is attached to
fixed
speakers and does not require the operator to hold while in use.
However many hand-held phones now come with kits to give them some
level of hands-free use. The legislation therefore covers the way in
which a mobile phone is being used whilst driving. A driver is liable
for prosecution if he is holding a mobile phone to send or receive any
sort of data – be it voice, text, image or Internet access.
Does the legislation only relate to mobile phones?
No, any hand-held electronic device being used to access voice, text or
pictorial images is also prohibited.
Are there any exemptions?
If a driver is found to have used a hand-held device in a genuine
emergency where it would have been unsafe to stop the car, he may be
exempt from penalty. Additionally the use of “press to
talk” 2-way radios used by haulage drivers, taxi drivers and
emergency services in contact with base stations is also exempt.
Can an employer also be prosecuted?
Yes, employers are liable for prosecution if they require employees to
commit an offence (i.e. if they require them to use hand-held phones
while driving). Furthermore anyone “causing or
permitting”
an offence to take place, such as allowing a driver to drive without
proper control, is also liable for prosecution. However employers are
not liable for prosecution simply by supplying a hand-held mobile phone
or by phoning an employee while he or she is driving.
Operating a mobile phone whilst driving
Operating a mobile phone while driving may reduce concentration and
effectiveness, and the distraction of using a phone may contribute to
the likelihood of an accident. The Government has therefore introduced
new legislation.
What should an employer advise?
Employers should not expect employees to use hand-held phones whilst
driving. And in light of the new legislation, it is in everyone's
interest to advise drivers of the legal situation and recommend that
they never use a hand-held phone while driving. Employers should also
issue guidelines that state that the only safe way to use a mobile
phone in the car is to:
- - Switch the phone off while driving and let it
take messages
- Or leave the phone switched on and let it go to
voicemail
- Find a safe place to stop before picking up the
messages and returning calls
- Ask a passenger to deal with the calls
Even when using hands-free phones drivers should:
- Limit outgoing calls to emergency use and when
it is safe to do so
- Use voice activation when making outgoing calls
