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Legislation update – March 2021


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

Current consultations   

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.  

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.  

DVSA (Driver and Vehicle Standards Agency)  Simplifying driving licence upgrade and motorcycle test rules 

The Driver and Vehicle Standards Agency is seeking views on proposals to allow drivers who pass a driving test in certain categories of automatic vehicles to drive a manual vehicle in that category, as long as they can already drive a manual vehicle in a different category the categories of vehicles the proposal affects are, car and trailers (B+E), medium-sized lorries (C1), and medium-sized lorries towing a trailer (C1+E) and minibuses (D1), and minibuses towing a trailer (D1+E). 

Released 09/02/2021, closes 22/03/2021 

This consultation iseeking views on proposed changes to The Highway Code to improve safety for users of motorways and high-speed roads. The proposed changes include new and additional guidance on 1/ the availability, appearance, and safe use of emergency areas. 2/ the use of variable speed limits to manage congestion. 3/ the use of the red ‘X’ sign to close lanes and provide a safer area for the people and vehicles involved in incidents and roadworks. 4/ the use of hard shoulders that become extra lanes during periods of congestion. 5/ how road users can help keep themselves safe in the event of a breakdown, and 6/ how safety cameras are employed to promote compliance with speed limits and lane closures. Released 01/03/2021, closes 29/03/2021. 

Welsh Government – White Paper on a Clean Air (Wales) Bill  

This consultation sets out the potential provisions for a Clean Air (Wales) Bill. The proposals aim to reduce air pollution and its impacts. The proposals consist of measures which are directly implemented through primary legislation and, at the same time, establish frameworks to design and implement secondary legislation. (Proposals include road charging and CAZ/LEZ). 

Released 13/01/2020 – closes 07/04/2021. 

House of Commons Transport Select Committee – call for evidence – The roll out of Smart motorways  

The Committee is seeking views on the benefits of smart motorways, including how to reduce congestion and how necessary they are. The review will investigate the safety, and the adequacy of safety measures in place and how safety could be improvedIt will also look at how to improve public perception of smart motorways.  Released 26/02/2021, closes 09/04/2021.  

OZEV (Office for Zero Emission Vehicles)  The consumer experience at public charge points 

OZEV is seeking views on ease of payment, opening up charge point data, using a single payment metric and reliability of public charge points to inform legislation planned for autumn 2021. There will be consultation workshops running throughout the consultation period. If you would be interested in attending these events, please contact, consumerofferconsult@olev.gov.uk.  A series of workshops are also planned for the summer after this consultation closes. 

Released 13/02/2021, closes 10/04/2021. 

This consultation seeks information about the possible exclusion of certain services from the mutual recognition and non-discrimination principles under the UKIM Act. It also seeks information to help determine whether current exclusions in Schedule 2 to the UKIM Act which reflect the pre-existing exclusions set out in the 2009 Regulations are upheld or deemed redundant. The UKIM Act establishes two UK market access principles to protect the flow of goods and services in our home market: the principle of mutual recognition, and the principle of non-discrimination.  

Released 25/02/2021, closes 23/04/2021. 

Recently closed consultations   

Defra sought 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 also welcomed 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 with an original closing date of 28/01/2021, this was brought forward to 21/02/2021however the deadline was amended further as above.  

Government proposed to implement CORSIA into UK (United Kingdom) law as an Air Navigation Order (ANO) under Section 60 of the Civil Aviation Act 1982. The first section set out the policy context and outlined governments proposed approach. The second section covered the detail of the CORSIA MRV provisions, including how the scheme would be administered in the UK and how CO2 emissions from both fossil kerosene and CORSIA eligible fuels (CEF) should be monitored, reported, and verified. These MRV provisions constitute the first statutory instrument (SI) for CORSIA. A copy of the draft SI is published alongside this consultation.  Released 18/12/2021 

Two-stage consultation which sort views on: keeping 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 

Transport Committee, Transport Committee inquiry into zero emission vehicles and road pricing Closed 17/02/2021  

The Transport Committee sought feedback regarding an inquiry into the implications of accelerating the shift to zero emissions vehicles and the potential for introducing road pricing, or pay-as-you-drive, schemes.  

DfT – Future of Transport: rural strategy – call for evidence Closed 16/02/2021 

The Department for Transport (DfT), sought views and collected 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 

DfT – Ending the longer semi-trailer trail.   Closed 01/02/2021.  

This consultation was asking 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.  

DefraReducing 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 ports. Defra is asking the logistics sector for feedback on storage at ports, security and carriage given the additional security required. Released 03/10/2020.  

Welsh Government  Llwybr Newydd: A new Wales transport strategyClosed 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 23/01/2021  

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   

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 trail. Closed 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.   

Headlines, January / February 2021

(DfT) Slot's waiver extended in boost to UK airlines 

21/02/2021 (DfT) Get a coronavirus (COVID-19) test if you’re an HGV or van driver 

From 11.00pm 21 February, hauliers do not need to test negative for coronavirus if they are returning to France after spending less than 48 hours in the UK. 

21/02/2021 (DfT) Controversial EU Vnuk motor insurance law may be removed from British law. 

Government plans to scrap the EU’s ‘Vnuk’ motor insurance law – which requires motor insurance even on private land for a wider range of ‘vehicles’, including forklift trucks, ride-on lawnmowers and mobility scooters. 

19/02/2021 (DVSA) guidance documents for applying for individual type approval for lorries, cars, vans, and trailers updated.  

Guidance on applying for Individual Vehicle Approval (IVA) if you are making or importing a single vehicle or a small number of vehicles or trailers have been updated to the latest versions. 

18/02/2021 (Multi Dept) Government announcement, steps towards net-zero with end of sale of new petrol and diesel cars by 2030 

Following consultation, which closed on the 31/07/2020, a two-phased approach to the process was announced on the 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. Between 2030 and 2035, new cars and vans can be sold if they have the capability to drive a significant distance with zero emissions (for example, plug-in hybrids or full hybrids), and this will be defined through consultation. 

17/02/2021 (DfT) Get a coronavirus (COVID-19) test if you are a Heavy Goods Vehicle or van, driver 

DfT has published an information page for drivers, you must take a coronavirus (COVID-19) test before you leave the UK for some countries – check which countries require them and how to get a free test. 

17/02/2021 (CO) Webinars and videos for organisations that trade with the European Union updated 

Updated webpage to link to video explainers on 18 topics including importing and exporting, trade, data, and audit and accounting and updated to include links to the following webpages  Webinars for importers of food and drink products from the EU to Great Britain and Webinars for exporters of products of animal origin, live animals, plants and plant products to the EU. 

15/02/2021 (HM Revenue & Customs) issue briefing: supporting organisations to comply with changes to the off payroll working rules (IR35) 

How HMRC (HM Revenue & Customs) will support affected organisations to comply with changes to the off payroll working rules (IR35) from 6 April 2021 and how it will intervene if customers deliberately do not comply. 

15/02/2021 (DfTShort-term European Conference of Ministers of Transport permits applications open for journeys in 2021 

You need an ECMT permit if you want to carry out a cross-trade job between the EU and a non-EU country. The non-EU country must be an ECMT member country. To apply for a short-term permit, please email shorttermecmt@dvsa.gov.uk 

11/02/2021 (CO) Government announces £20 million Small and Medium sized Enterprises Brexit Support Fund 

The Chancellor of the Duchy of Lancaster announces £20 million SME Brexit Support Fund to help small businesses with changes to trade rules with the EU. Traders will be able to apply for a grant of up to £2,000 to pay for practical support for importing and exporting. The Fund will help businesses to prepare for the implementation of import controls which come into force from April and July. 

09/02/2021 (HMRC) Guides to importing and exporting goods between Great Britain and the EU 

Information for traders on importing and exporting goods between Great Britain and the EU. 

08/02/2021 (Crime stoppers) Launch of nationwide haulier people smuggling campaign 

In partnership with the Home Office and National Crime Agency, Crime Stoppers has launched a UK-wide haulier campaign to crack down on Organised Immigration Crime (OIC). The campaign is in response to Operation Melrose, which sought justice for the 39 migrants found dead in the back of a refrigerated lorry in 2019. For 10 weeks, materials will be displayed in service stations, washrooms and ports, and this will be supported by targeted radio and online digital adverts 

05/02/2021 (Driver and Vehicle Licensing Agency) Digital tachograph information leaflet updated 

The INF117B  What you need to know about the digital tachograph driver card information document has been updated and refreshed by DVLA. 

05/02/2021 (CO) Brexit transition helplines  

A list of key business transition actions and the relevant helplines. 

02/02/2021 (DfTSmall and medium road freight operators: Barriers to Greener Practices 

Report published exploring the barriers preventing small and medium freight operators from adopting carbon emission reduction practices. 

01/02/2021 (DVSA) 10-year tyre ban introduced 

From 1 February, tyres aged over 10 years are banned on the front steered axles of lorries, buses and coaches along with all single wheels of minibuses (9-16 passenger seats). DVSA is enforcing the new legislation at roadside checks along with vehicle annual tests. They have also updated their sanctions policy to reflect the new offences, which includes affected tyres over 10 years old and not having a date marking that is clearly legible 

31/01/2021 (DVLA) New-style driving licences and number plates mark one-year anniversary of Brexit as EU flag is removed. 

The government unveils new designs for driving licences and number plates without the EU flag. The EU flag has been removed from all UK driving licences and number plate designs, with the first batches issued from 1 January 2021. 

27/01/2021 (DEFRA) Waste Management Plan for England 2021   

The Waste Management Plan for England is an analysis of the current waste management situation in England. The plan does not introduce new policies or change how waste is managed in England. Its aim is to bring current waste management policies together under one national plan. 

26/01/2021 (BEIS) Industrial Strategy: The Grand Challenge  

In December 2020, the government published the ‘Energy White Paper: Powering our net zero future’, which included an increase in the ambition of the Industrial Clusters Mission. The new ambition aims to deliver four low carbon clusters by 2030 and at least one net zero cluster by 2040. The Grand Challenge missions document has been updated to reflect this. 

26/01/2021 (DfT) Domestic road freight statistics 

Data tables on goods moved, goods lifted and vehicle kilometres and summary of domestic and international road freight activity by UK HGVs updated for the year ending June 2020 report. 

26/01/2021 (DfT) Road freight statistics: July 2019 to June 2020  

Road freight activity statistics published for the United Kingdom and internationally between July 2019 and June 2020. 

21/01/2021 (Department for Environment) Skills for jobs: lifelong learning for opportunity and growth 

This white paper sets out reforms to post-16 technical education and training to support people to develop the skills needed to get good jobs and improve national productivity. 

20/01/2021 (DfTTemporary relaxation of the enforcement of the retained EU drivers’ hours rules: all road haulage sectors within Great Britain. 

Temporary relaxation of the enforcement of the retained EU drivers’ hours rules: all road haulage sectors within Great Britain 

20/01/2021 (DfTTemporary relaxation of the enforcement of the retained EU drivers’ hours rules: international and Great Britain to Northern Ireland carriage of goods. 

Temporary relaxation of the enforcement of the retained EU drivers’ hours rules in England, Scotland and Wales for drivers involved in the international carriage of goods by road and between Great Britain and Northern Ireland. 

11/01/2021 (Department for Health and Social Care) UK launches Global Health Insurance Card 

New agreement ensures the rights of UK residents to access emergency and medically necessary care when travelling in the EU will continue. 

07/01/2021 (DfTCreating the transport decarbonisation plan  

Documentation stating how DfT intends to work with others to develop a transport decarbonisation plan, the challenge we need to meet to reduce transport emissions and ensuring we reach net zero transport emissions by 2050. It also has a review of existing climate policy in transport and reviews existing forecasts of future transport emissions from each mode of transport. The transport decarbonisation plan will be published in Spring 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 the 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 (Office of the Traffic 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 the 1 January as the Transition period ends. Northern Ireland Protocol comes into effect.  

Published On: 04/03/2021 17:00:40

 

Ian Gallagher, Head of Compliance Information


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