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Legislation update – February 2021

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Keep up to date with the latest government consultations, recently closed consultations and notable headlines

Current consultations

DfT  Implementing the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) 

Government proposes to implement CORSIA into UK law as an Air Navigation Order (ANO) under Section 60 of the Civil Aviation Act 1982. The first section sets out the policy context and outlines government’s proposed approach. The second section covers the detail of the CORSIA MRV provisions, including how the scheme will be administered in the UK and how CO2 emissions from both fossil kerosene and CORSIA eligible fuels (CEF) should be monitoredreported, and verified. Enforcement provisions for those who do not comply with the scheme are also covered. These MRV provisions constitute the first statutory instrument (SI) for CORSIA. A copy of the draft SI is published alongside this consultation. 

 

 

 

 

 

Law Commission  Automated vehicles 

The Centre for Connected and Autonomous Vehicles (CCAV) has asked the Law Commission of England and Wales and the Scottish Law Commission to undertake a far-reaching review of the legal framework for automated vehicles, and their use as part of public transport networks and on-demand passenger services. The purpose of this consultation is to seek views on a proposed regulatory framework for automated vehicles. Released 18/12/2021, closes 18/03/2021 

Scottish Government  Net Zero Nation: Draft Public Engagement Strategy for Climate Change.  

In this document, the Scottish Government sets out their framework for engaging the public and encouraging action over the next three to five years. The strategy has been published as a draft for consultation. Released 16/12/2020  closes 17/03/2021. 

Defra  Live animal exports: improvements to animal welfare in transport 

Defra would like views on ending the export of live animals for slaughter and fattening in England and Wales, where the journeys begin in or transit through either country. Defra would also welcome comments on further improvements to animal welfare in transport, including reduced maximum journey times, animals being given more space and headroom during transport, stricter rules on transporting animals in extreme temperatures and tighter rules for transporting live animals by sea.  

Released 03/12/2020  28/01/2021 brought forward from original closing date of 21/02/2021. 

DfT  Night flight restrictions at Heathrow, Gatwick, and Stansted airports between 2022 and 2024 plus future night flight policy 

Two-stage consultation asking: to keep the existing night flight restrictions for the designated airports between 2022 to 2024 plus banning QC4 rated aircraft movements between 23:30 to 06:00 for views on policy options for the future night flight policy, beyond 2024, at designated airports and nationally. The designated airports are Heathrow, Gatwick, and Stansted.  

Released 02/12/2020 closes 03/03/2021.  

DfT  Future of Transport: rural strategy – call for evidence 

The Department for Transport (DfT) is now seeking views and evidence on what could be incorporated into a Future of Transport: rural strategy. The changing composition of rural economies has seen a shift towards increasing numbers of businesses that are selling goods and services beyond their local areas. Innovations can help rural businesses to reach markets more quickly via improved transport connections. Innovating how people and goods move around also has the potential to help meet government ambitions for decarbonisation, achieving net-zero by 2050.  

Released 24/11/2020  closes 16/02/2021. 

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 (Longer Semi Trailers) 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 believes the trial has reached a point where continuing is unlikely to supply 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. 

Recently closed consultations  

Defra  Reducing ammonia emissions from urea fertilisers – Closed 26/01/2021 

Defra consulted on three policy options to reduce ammonia (an air pollutant) emissions in England from the use of solid urea fertilisers, which is a manufactured fertiliser that we wholly import. Defra has a planned implementation of 2022, Ammonium nitrate is already the most used manufactured fertiliser in England but policy options 1 and to a lesser extent 3, would lead to an increase in imports of this fertiliser with direct effects on portsDefra is asking the logistics sector for feedback on storage at ports, security and carriage given the additional security requiredReleased 03/10/2020. 

Welsh Government  Llwybr Newydd: A new Wales transport strategy Closed 25/01/2021. 

Consultation on the draft Transport Strategy for Wales, this draft strategy set out the Welsh Government ambitions for the next 20 years and includes their priorities for the next five years. 

Released 17/11/2020.  

Scottish Government – Cleaner air for Scotland 2 – Closed 23/01/20211 

This draft strategy set out the Scottish Government’s proposals for delivering further air quality improvements over the next five years. The consultation is structured around 10 chapters which reflect the high-level recommendations arising from the independently led CAFS review undertaken between November 2018 and July 2019. 

HMT– Net Zero- Interim Report  Closed 23/01/2021. 

This interim report sets out the analysis so far from the Treasury’s Net Zero Review and seeks feedback on the approach ahead of the final report, due to be published in 2021. Released 17/12/2020  

DfT  Expanding the offence of using a hand-held mobile phone while driving to include non – connected mobile application actions. Closed 17/01/2021 

Consultation proposed 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. 

DfT – Heavier intermodal freight trailClosed 04/01/2021 

The consultation seeks views on a trial of higher maximum weight limits for heavy goods vehicles (HGVs) carrying intermodal freight on a 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  

DfT – Union connectivity review: call for evidence. Closed 30/12/2020 

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 (United Kingdom). 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    

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. 

Notable headlines, December/January 2021 

07/01/2021 (DfT) Coronavirus testing for hauliers to continue following decision by French Government. 

Requirement for hauliers needing to test negative for COVID-19 within 72 hours of leaving the UK for France to continue. 

06/01/2021 (DVSA) MOT inspection manual: HGVs 

MOT manual updated effective from 1 Feb 2021 

06/01/2021 (DVSA) MOT inspection manual: public service vehicles (PSVs) 

MOT inspection manual updated for PSV (Public Service Vehicle) vehicles effective from 1 Feb 2021 

06/01/2021 (DVSA) Categorisation of defects in roadside checks and vehicle tests updated 

How vehicle defects found during roadside inspections or vehicle tests are categorised and what action will be taken when they are found. The publication has been updated to reflect changes from 1 February 2020 

04/01/2021 (DVSA) Changes to the Driver Certificate of Professional Competence periodic training 

Driver Certificate of Professional Competence (CPC) periodic training is to be checked by DVSA (Driver and Vehicle Standards Agency) to ensure drivers are not unnecessarily repeating training as part of the 35-hour requirement. 

01/01/2021 (OTC (Office of the Transport Commissioner)) Financial standing rates for standard operator licence holders 

New financial standing rates apply. There was a change to the expected process, it was believed that in 2021 rates would continue to be set according to EU legislation and in respect of the exchange rate of the pound against the Euro. This is not been the case meaning that the expected levels of £8,200 for the first vehicle and £4,550 for each subsequent vehicle will now be (since 1 January 2021):  First vehicle: £8,000, Each additional vehicle: £4,500. There is no change to the financial resource levels required for restricted licence holders. these values will remain fixed until the legislation is amended once again 

01/01/2021 (UK Gov) end of Brexit Transition Period 

New rules apply to goods movements to the EU (European Union) and NI (Northern Ireland) from 1 January as the Transition period ends. Northern Ireland Protocol comes into effect. 

22/12/2020 (DfT) Temporary relaxation of the enforcement of the EU drivers’ hours rules: international and Great Britain to Northern Ireland carriage of goods 

In response to the exceptional pressures on the freight industry, the Department for Transport (DfT) has introduced a temporary relaxation of the enforcement of the EU (European Union) drivers’ hours rules in England, Scotland and Wales for drivers involved in the international carriage of goods by road and between Great Britain (GB) and Northern Ireland (NI). The relaxation of the rules applies from 12:01am on 23 December 2020 until 11:59pm on 22 January 2021. 

17/12/2020 (CO) – 2025 UK Border Strategy Published  

The 2025 UK Border Strategy sets out the governments vision for the UK border. The strategy sets out six transformations that government proposes to implement across the UK border. This list of programmes includes: the development of a Single Trade Window, to create a single gateway for all data from traders into government; implementation of an Electronic Travel Authorisation to speed passenger journeys through ports; and a major review of the agencies and checks that occur at the border 

17/12/2020 (DfT) – Port Infrastructure Fund: Allocations 

Funding allocations for the port's infrastructure published  

14/12/2020 (BEIS) – Energy White Paper – Powering our net zero Future 

The paper covers a wide range of areas including transport. It follows the Prime Minister’s Ten Point Plan for a Green Industrial Revolution. The Ten Point Plan sets out how government investment will leverage billions of pounds more of private investment and support up to 250,000 jobs by 2030 

10/12/2020 (CO) – The Northern Ireland Protocol 

Details of the agreement in principle reached by the Co-Chairs of the Withdrawal Agreement Joint Committee about the implementation of the Northern Ireland Protocol. 

10/12/2020 (EU) – EU Contingency arrangements in case of a no deal 

The EU has produced several sector specific documents based on their arrangements in the case the EU and UK come to a no deal. 

09/12/2020 (DfT) – Temporary relaxation of the enforcement of the drivers’ hours rules: delivery of essential items to retailers 

These temporary relaxations apply from 12:01am on 10 December 2020 until 11:59pm on 30 December 2020, subject to review. The relaxation applies to anyone driving under EU driver hours rules involved in food and other essential goods from ports within Great Britain, or food and other essential goods for retail, including mixed loads with a significant content of such goods. 

09/12/2020 (DVSA) – Ban on tyres over 10 years old for heavy vehicles and some minibuses 

Section 5.2 of  The Guide to Maintaining Roadworthiness, has been updated to include the change in the Construction and Use Regulations for rules relating to tyres aged over 10 years old and manufacturer date codes. 

08/12/2020 (DfT & ORR (Office of Road and Rail)) – Rail Fact sheet 2020 published 

This document supplies an overview of key statistics on the rail industry in Great Britain for 2020 including freight.  

08/12/2020 (HMRC) – Check how to move goods through ports that use the Goods Vehicle Movement Service. (First Published) If you are a trader, haulier or carrier and use a UK port using the Goods Vehicle Movement Service, find out what you need to do to get goods through customs. 

08/12/2020 (HMRC) – Register for the Goods Vehicle Movement Service 

(First Published) If you are a haulier and move goods through a port in the UK that uses the Goods Vehicle Movement Service, you will need to register for the service to get your goods through customs.  

08/12/2020 (CO) – Joint Statement of the EU-UK Joint Committee (NI Protocol)  

Announcement confirming that an agreement in principle has been found in the following areas, amongst others: Border Control Posts/Entry Points specifically for checks on animals, plants and derived products, export declarations, the supply of medicines, the supply of chilled meats, and other food products to supermarkets, and a clarification on the application of State aid under the terms of the Protocol. 

08/12/2020 (DVLA) – Green Number Plates 

Vehicles with zero emissions from the tailpipe will be able to display a green number plate, (eg, fully battery electric, or hydrogen fuel cell). Hybrids and plug-in hybrids (including range extenders) are not eligible. This applies to all vehicle types – cars, vans, taxis, motorbikes, and buses, coaches, and HGVs. The scheme is not mandatory new vehicle owners will be able to opt out.  

07/12/2020 (HMRC) Trading and moving goods in and out of Northern Ireland from 1 January 2021 (First Published)  How to prepare if you trade and move goods in and out of Northern Ireland from 1 January 2021. 

03/12/2020 (BEIS) – Workplace Coronavirus Guidance Documents  

These 14 guides cover a range of diverse types of work. Many businesses run more than one type of workplace, such as an office, factory, and fleet of vehicles. You may need to use more than one of these guides as you think through what you need to do to keep people safe. Priority actions are outlined at the top of each guide. 

03/12/2020 (DfT/HE) – Kent traffic management on M20 motorway to Dover and Eurotunnel Guidance on measures to manage traffic flow on Kent’s road network in case of severe disruption to services across the English Channelhas been updated to include additional information regarding Operation Brock 

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.  

Published On: 04/02/2021 17:00:17

 

Ian Gallagher, Head of Compliance Information


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