Transport
HGV MOT Testing Exemptions Consultation
The Department of Transport has published a consultation document, which proposes that the exemption for the testing of certain classes of plant be removed. The classes include:
· Mobile cranes.
· Break-down vehicles.
· Engineering plant and plant, not being engineering plant, which is movable plant or equipment being a motor vehicle or trailer (not constructed primarily to carry a load) especially designed and constructed for the special purposes of engineering operations.
· Trailers being drying or mixing plant designed for the production of asphalt or of bituminous or tarmacadam.
· Tower wagons.
· Road Construction Vehicles (though we are not proposing to remove the exemption for road rollers and other specialised equipment used in the road construction process).
· Electrically propelled motor vehicles.
· Vehicles constructed or adapted for, and used primarily for the purpose of, medical, dental, veterinary, health, educational, display, clerical or experimental laboratory services.
· Vehicles having a base or centre in any of the following islands, namely, Arran, Bute, Great Cumbrae, Islay, Mull, Tiree or North Uist from which use of the vehicle on a journey is normally commenced.
· Tractor units pulling exempt trailers.
A copy of the consultation document can be found on the Department for Transport website - www.dft.gov.uk/consultations/open; alternatively I can send Members a copy of the document should they so wish.
The closing date for the consultation is the 19th March 2010.
The CPA has formed a working group to help formulate a response. At the moment, the group has representatives from the Crane Interest Group (CIG), Powered Access Interest Group (PAIG) and the British Concrete Pumping Group (BCPG). However, the group would welcome any other Members who wish to participate.
Causing Death By Careless Driving
As reported in the last edition of The Bulletin, the new offence of causing death by careless (or inconsistent) driving enacted by the Road Safety Act 2006 came into force on the 18th August 2008.
Employers and fleet managers should consider the following action points to minimise the risk of offences being committed and business being disrupted as a result:
- A thorough review and/or extension of an organisation's driving policy is particularly critical given the Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on the 6th April 2008. An organisation can be found guilty of an offence if the way in which its activities are managed or organised (1) causes a persons death; and (2) amounts to gross breach of a relevant duty of care owed by the organisation to the deceased. Conviction under this Act will result in an unlimited fine payable by the organisation which can have a serious impact on business reputation and profitability for years to come. This may be particularly relevant where, for example, an employee driving on company business is involved in a fatal road traffic accident while using a mobile phone contrary to company driving policy and upon investigation it is discovered that senior management knew that employees were ignoring the driving policy or simply failed to supervise and monitor employees to ensure compliance. Each case will be judged upon its own facts and circumstances.
- Prevention is better than cure. Reduce the risk of an accident. If not already in place give serious consideration to extending your health and safety policy and procedures to cover issues such as use of mobile phones and other handheld devices while driving on company business, ensuring drivers take appropriate rests on long journeys, have time to complete their journeys safely, are not unduly tired when undertaking any journey for work and check continuing competence by requiring employees to produce driving licences and notification to you of any driving convictions on an ongoing basis.
- If drivers use their own vehicles for work, consider monitoring the road worthiness of their vehicle through the requirement to produce valid MOT certificates, valid insurance (including business use) and service documentation. This increased monitoring may avoid potential comeback on an employer in the event of an accident and heighten awareness, so reducing the risk of an accident.
- All employers have a duty to assess, inform, train and supervise workers who drive vehicles as part of their jobs (in the same way that they do for workers who use any type of work equipment), regardless of the regularity of the driving. All reasonable practicable measures should be taken to ensure that work related journeys are safe, that staff are fit and competent to drive safely and the vehicles used are fit for purpose and in a safe condition. This applies equally to frequent and infrequent drivers, such as employees travelling between sites. For infrequent drivers consider a classroom based workshop covering key road safety issues, such as fatigue, speed management and vehicle checks as well as the organisation's driving policies.
- Business disruption occurs when a key member of staff is not available for work due to a road collision, whether during or outside work. Consider making arrangements for immediate legal representation to be available for any drivers arrested for road traffic offences so that they can be fully represented at interview. Those charged with death by careless driving are likely to want the case to go to trial in an attempt to avoid a custodial sentence, even if the chances of success are slim. This is despite the reduced sentence that a guilty plea would attract. It is imperative that they do not unwittingly compromise their position through unguarded comments.
- Have in place and make employees aware of clear, written guidelines for what the employee and employer must do following a fatal or serious road traffic accident. For example, employees might be advised that in the event of such an incident they can choose not to agree to a police interview until they have spoken with their employer and they in turn have organised for immediate legal representation at the police station.
- Consider very carefully your motor insurance policy wording to ascertain exactly what legal costs cover is provided for criminal prosecutions and the extent to which such cover is discretionary. Change your provider if necessary.
A one-size-fits all approach does not work when it comes to managing occupational road risk. But, from a legal and business disruption perspective, it is important that no employee who drives for work is overlooked when it comes to risk assessment and training considerations, no matter how frequently they take to the road.
London's Congestion Charge Clause
The CPA has drafted a clause which may benefit those Members who hire road-registered plant to customers which will travel or work on streets within London's Congestion Charging Zone. The Member will pay the charge and invoice the customer accordingly.
Should the customer fail to notify the Member that the plant will travel or work within the zone, then the customer will be liable for any subsequent penalty charges should they arise.
Please incorporate this clause into your hire contract form, so the customer is clearly aware of his responsibilities.
"If at any time during the Hire Period, the Owner's road-registered Plant travels along the public highway within London’s Congestion Charging Zone; then the Hirer must immediately inform the Owner.
The Owner will pay the charge and invoice the Hirer accordingly.
However, should the Hirer fail to inform the Owner; then the Hirer will be liable for all penalty charges which may arise."
Driver CPC (Certificate Of Professional Competence)
Members are reminded of three important points when looking at purchasing Driver CPC periodic training.
- For existing goods vehicle drivers, any periodic training delivered before the 10th September 2009 will not count towards the 35 hours of total training needed to be completed by September 2014. Periodic training must be delivered within a fixed five-year period, which for LGV drivers does not start until the 10th September 2009.
- There is no direct public funding available for Driver CPC periodic training. It may be possible for some training undertaken to achieve a National Vocational Qualification (NVQ) to double-up as Driver CPC periodic training - provided the course meets the criteria to be approved by the Joint Approvals Unit for Periodic Training (JAUPT) and is delivered by an approved training provider (known as the 'centre'). In some cases it may be possible to obtain funding for NVQs, but it should be remembered that an NVQ is a very different type of qualification to the Driver CPC. Gaining an NVQ requires the driver to reach a certain standard and this can take time in preparation and assessments. This commitment should be fully understood before a driver embarks on this type of qualification.
- Ensure that any periodic training undertaken (after the 10th September 2009) is approved and the training centre is approved to deliver that particular course. This can be checked by visiting www.drivercpc-periodictraining.org/approved-centres-courses.
Further information on the Driver CPC can be found in the FTA's compliance guide, which can be downloaded at http://www.fta.co.uk/information/driver-cpc/.