Legislation update – December 2020

Llwybr Newydd: A new Wales transport strategy 
Consultation on the draft Transport Strategy for Wales, this draft strategy sets out the Welsh Government's ambitions for the next 20 years and includes their priorities for the next five years. 
Released 17/11/2020 – closes 25/01/2021 

DFT - Union connectivity review: call for evidence  
On 30 June 2020, the Prime Minister announced an independent review, led by Sir Peter Hendy, of how the quality and availability of transport infrastructure across the UK can support economic growth and quality of life across the whole of the UK. The scope of this review, which was published on 16 November 2020, asks for views on all cross-border journeys – meaning those journeys that start and end within different nations of the UK. Including potential improvements or changes to transport links at any point on these journeys. The intention is to deliver an interim report in January 2021 and a final report setting out recommendations in summer 2021.– Released 16/11/2020 – closes 30/12/2020. 

DfT – Heavier intermodal freight trail  
The consultation seeks views on a possible trial of higher maximum weight limits for heavy goods vehicles (HGVs) carrying intermodal freight on a possible trial. It asks for views on a higher maximum weight limit of 48 tonnes (rather than 44 tonnes) for HGVs on an intermodal journey, how such a trial might be implemented and how such a trial might be evaluated. 
Released 09/11/2020 – closes 04/01/2021 

DfT – Ending the longer semi-trailer trail.  
The consultation asks whether DfT should end the existing longer semi-trailer trial (LST). The trial, which started in 2012, is testing the theory that the use of LSTs should lead to journey reductions, which in turn would lead to a reduction in transport congestion and emissions. Although planned to run until 2027, DfT believe the trial has reached a point where continuing is unlikely to provide useful results and that remaining issues, relating to the safety, can only be answered outside of trial settings. 
Released 09/11/2020 – closes 01/02/2021. 

DfT – Expanding the offence of using a hand-held mobile phone while driving to include non-connected mobile application actions 
The consultation proposes broadening the offence of using a hand-held mobile phone while driving, so that it captures standalone mode functions as well as the existing interactive communication functions. And introduce a new exemption to the using a hand-held mobile phone while driving offence to allow drivers to make contactless payments using a mobile phone at appropriate locations, for example at drive through food outlets. These changes, if implemented, will need to be reflected in The Highway Code, and the consultation document includes the suggested revised wording. 
Released 17/10/2020 – closes 17/01/2021.  

Defra, Local air quality management: public authorities call for evidence
This ‘Call for Evidence’ is primarily aimed at local authorities. Defra is seeking views and evidence on which public authorities should be considered for designation by the Environment Secretary as ‘Relevant Public Authorities’. A relevant public authority may then be required to co-operate with local authorities acting as an ‘Air Quality Partner’ within the Local Air Quality Management Framework. 
Released 05/10/2020 – closes 18/01/2021 (UK). 

Recently closed consultations  

DfT, Managing Pavement Parking. Closed 22/11/2020. 
This consultation asked whether a change of existing pavement parking legislation should occur. There are three proposals. Improving the Traffic Regulation Order (TRO) process, under which local authorities can already prohibit pavement parking. A legislative change to allow local authorities with civil parking enforcement powers to enforce against ‘unnecessary obstruction of the pavement’. And a legislative change to introduce a London-style pavement parking prohibition throughout England. Released 31/08/2020. 

HM Treasury, fundamental review of business rates (phase 2 open). Closed on 31/10/2020. 
The government was seeking responses in two phases. Views were welcomed on the multiplier and reliefs sections of the consultation, which is now closed (18 September). And views on online sales tax and valuation, along with all other sections were invited up to the 31 October, ahead of the review’s conclusion in spring 2021 (UK). 

Ministry of Housing, Communities & Local Government, Planning for the future. Closed 29/10/2020. 
This consultation was seeking views on each part of a package of proposals for reform of the planning system in England, the consultation covered a package of proposals for reform of the planning system in England, covering plan-making, development management, development contributions, and other related policy proposals (England). 

DfT, Safe use of Automated Lane Keeping System on GB motorways. Closed 27/10/2020. 
This calls for evidence explored the challenges associated with switching control of a vehicle between the driver and the vehicle system, and the changing role and responsibilities of a driver, including the potential for the driver to safely undertake other activities when the vehicle system is engaged. It explored the implications for insurance, data and cybersecurity as well as the potential challenges for the technology in meeting domestic road traffic rules. Finally, it explored the potential to safely use these vehicle systems at higher speeds. It applies to M1 vehicles only (cars) (GB). 

DfT, Review of The Highway Code. Closed 27/10/2020. 
The review focused on vulnerable groups with specific consideration on overtaking, passing distances, cyclist and pedestrian priority at junctions, opening vehicle doors and responsibility of road users. There were three main changes proposed through this consultation.  

Defra, Waste Management Plan for England. Closed 15/10/2020. 
This consultation sought views on whether the draft Plan – when combined with waste planning policy – would fulfil the obligations of the Waste (England and Wales) Regulations 2011, as far as England is concerned, and to allow consultees to comment on the proposed Plan. The Plan is supported by an Environmental Report produced as part of a Strategic Environmental Assessment. The non-technical summary and the Environmental Report formed part of this consultation. (England). 

Ministry of Housing, Communities & Local Government, Parking code enforcement framework. Closed 12/10/2020. 
This consultation sought views on how the regulation of the private parking industry for can improve. It was developed in response to widespread concerns about the poor practice and behaviour of some parking operators and reflecting the Parking (Code of Practice) Act 2019. It will lead to the creation of an independent Code of Practice for private parking companies (GB). 

BSI, Independent Code of Practice for private parking companies. Closed 12/10/2020. 
In response to widespread concerns about the poor practice and behaviour of some parking operators, the government supported the Parking (Code of Practice) Act 2019, which was introduced by Sir Greg Knight MP. It will lead to the creation of an independent Code of Practice for private parking companies. The draft of this is being consulted on by the British Standards Institute (GB). 

DfT, Roads policing review: future methods to improve safety and reduce casualties. Closed 05/10/2020. 
Review of roads policing designed in order to identify which current methods work best, plus how the capability and capacity of enforcement services can be enhanced. The review explored how better use of intelligence can target dangerous behaviours. How the use of technology can assist in enforcing road traffic law now and in the future and looked for a better understanding of the value of enforcement in influencing road user behaviour (GB). 

Notable headlines October/November 2020 

01/12/2020 (DVSA) – Covid 19, Driving lessons, theory and driving tests. 
Gov.uk updated confirming driving lessons can restart in all areas in England from Wednesday 2 December and driving tests will restart in tier 1 and 2 areas on Wednesday 2 December, and in tier 3 areas on Thursday 3 December. Theory test to restart in England 2 December.  

26/11/2020 (DfT) – Loveday Ryder appointed as DVSA's new Chief Executive 
Loveday Ryder has been appointed as the new Chief Executive of the Driver and Vehicle Standards Agency (DVSA) and will be starting her new role on 1 January 2021. 

25/11/2020 (HMT) National Infrastructure Strategy published 
This strategy describes how the government will boost growth and productivity across the whole of the UK, levelling up and strengthening the Union, putting the UK on the path to meeting its net zero emissions target by 2050, supporting private investment and accelerating and improving delivery. This strategy also puts innovation and new technology at the heart of the government’s approach. Where policy is reserved for the UK government, this Strategy includes measures for every nation. 

24/11/2020 (DfT) – Future of Transport regulatory review: Call for evidence on micromobilty vehicles – Government Outcome Published  
This call for evidence was asking for information and views on three areas of the ‘Future of transport regulatory review, micromobility vehicles including the e-scooter trail, flexible bus services and Mobility-as-a-Service (MaaS)'.  

20/11/2020 (DVSA) – Theory & driving test suspended in Level 4 areas Scotland (COVID-19): Theory tests are taking place in council areas in local COVID protection levels 0 to 3. Theory tests will be suspended in council areas in local COVID protection level 4. You must not travel out of a level 4 area to take your theory test somewhere else. 

18/11/2020 (CO) – Sales of new petrol and diesel cars to end in the UK by 2030. 
The Prime Minister, Transport Secretary and Business Secretary announced the end of the sale of new petrol and diesel cars in the UK by 2030. A two-phased approach to the process was announced on 18 November 2020. Step 1 will see the phase-out date for the sale of new petrol and diesel cars and vans brought forward to 2030. Step 2 will see all new cars and vans be fully zero emission at the tailpipe from 2035.  

16/11/2020 (DVSA) – Load Securing: vehicle operator guidance updated: Guidance for vehicle operators on how to improve load safety on their vehicles. Added new section 8.5 on using box pushers. 

12/11/2020 (DfT) – Road goods vehicles travelling to Europe: October 2019 to September 2020: Information updated on the number of powered vehicles and unaccompanied trailers carried on each route to Europe for October 2019 to September 2020. 

12/11/2020 (NIC) – National Infrastructure Commission Annual Report and Accounts 2019-20: This document details the organisation’s main activities and performance in 2019-20 and summarises forward plans for 2020-21. 

11/11/2020 (HO) – Immigration Act receives Royal Assent: free movement to end on 31 December 2020. The Immigration Act has received Royal Assent and been signed into law. This means free movement will end at 11pm on 31 December 2020. 

09/11/2020 (DfT) – Longer semi-trailer trial evaluation: annual report 2019: Summary of research and findings from year 8 of the longer semi-trailer (LST) trial evaluation published. 

03/11/2020 (DVSA) – Individual Vehicle Approval (IVA) inspection manual: buses and coaches: How buses and coaches are inspected when they're being approved under the Individual Vehicle Approval (IVA) scheme to make sure they're safe to be used has been updated to the latest Version. 

30/10/2020 (DVSA) – Ten year tyre ban: DVSA confirm that tyres older than 10 years of age will no longer be allowed on the front axle of a goods vehicle with a maximum gross weight exceeding 3,500 kg, the front axle of a bus or coach – including minibuses and the rear axle of a minibus with single rear wheels fitted from February 2021.  

29/10/2020 (DfT) – Transport infrastructure skills strategy: four years of progress. Sets out progress made by the Strategic Transport Apprenticeship Taskforce (STAT) at year 4, and highlights priority work areas going forward. 

26/10/2020 (TfL) – Introduction of the Direct Vision Standards. The Direct Vision Standard (DVS) and safety permit for heavy goods vehicles (HGVs) requires operators of lorries over 12 tonnes gross vehicle weight to apply and obtain a permit to enter or operate in Greater London, Enforcement of the scheme has been suspended until 1 March 2021.  

22/10/2020 (DfT) – Enforcing Operation Brock – Government outcome to Consultation released 
The Secretary of State for Transport, having considered the responses received, has published his decision on taking forward the proposals to renew and update relevant secondary legislation of the Operation Brock statutory instruments. 

16/10/2020 (TfL) – London heavy vehicle scrappage scheme suspended. Due to unprecedented demand and limited funds, the Scrappage Scheme for ULEZ non-compliant HGVs, vans and other specialist vehicles (over 3.5 tonnes GVW) and buses, coaches and minibuses (over 5 tonnes GVW) is currently suspended for new applications.  

09/10/2020 (HMRC) – UK Transition: The Customs (Transitional Arrangements) (EU Exit) Regulations 2020.
This Tax Information and Impact note is about the measures to allow traders importing goods from the EU to make a declaration in their commercial records. 

08/10/2020 (CO) – The Border Operating Model published. 
From 1 January 2021, the transition period with the European Union (EU) will end, and the United Kingdom (UK) will operate a full, external border as a sovereign nation. This means that controls will be placed on the movement of goods between Great Britain (GB) and the EU. The UK Government will implement full border controls on imports coming into GB from the EU. Recognising the impact of coronavirus on businesses’ ability to prepare, the UK Government has taken the decision to introduce the new border controls in three stages up until 1 July 2021, ie January, April and July 2021.  

07/10/2020 HM Gov – Response to Freeport Consultation published. 
In this document, government has set out feedback from respondents, laying out what they have learnt and how this developed the UK Freeports vision. Government reaffirmed its commitment to establishing freeports across the whole of the UK and offered greater detail about how freeports will work and the benefits they are set to offer. It also shares its plan for a bidding process to decide freeport locations, which will launch shortly. 

06/10/2020 (DfT) £200 million Port Infrastructure Fund opens for bids. The government is ramping up its preparations for the end of the transition period with the launch of a £200 million fund for ports to build new facilities. 

05/10/2020 (DfT) Union connectivity review. DfT has now published the terms of reference for an independent review. Chaired by Sir Peter Hendy CBE, the review will make recommendations on how the UK government can level up transport infrastructure and improve connectivity between Scotland, Wales, Northern Ireland and England. 

05/10/2020 (HE) National Vehicle Recovery Leaflet. Highways England has updated its national vehicle recovery leaflet. The document answers commonly asked questions around vehicle recovery, plus the cost of this service depending on the vehicle’s weight, position and condition.