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Legislation update – November 2020

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Keep up to date with government consultations

Current consultations  

DfT – Expanding the offence of using a hand-held mobile phone while driving to include non-connected mobile application actions 

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.  

DfT, Managing Pavement Parking. 

The consultation is asking 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 – Closes 22/11/2020. (UK). 

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  

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 29/10/2020This 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 focussed 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.  

  • Introducing a hierarchy of road users which ensures that those road users who can do the greatest harm have the greatest responsibility to reduce the danger or threat they may pose to others. 
  • Clarifying existing rules on pedestrian priority on pavements and that drivers and riders should give way to pedestrians crossing or waiting to cross the road. 
  • Establishing guidance on safe passing distances and speeds when overtaking cyclists or horse riders and ensuring that they have priority at junctions when travelling straight ahead (UK). 

DefraWaste 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 GovernmentParking code enforcement frameworkClose12/10/2020. This consultation was seeking 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 companiesClosed 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). 

HM TreasuryConsultation on reforms to the tax treatment of red diesel and other rebated fuels. Closed 01/10/2020. This consultation was seeking views on reforms to the tax treatment of red diesel and other rebated fuels. In addition, on whether the government has overlooked any exceptional reasons why other sectors should be allowed to continue to use red diesel beyond April 2022. The document asked for views on the government’s proposals for implementing the changes announced at Budget and is also seeking further information about the current end uses of other rebated fuels, such as non-aviation kerosene and fuel oil (UK). 

HM TreasuryComprehensive Spending ReviewClosed 24/09/2020. 

A Comprehensive Spending Review representation is a written representation that comments on government policy or suggests new policy ideas for the Comprehensive Spending Review. The Review provided an opportunity for submissions from interested groups or individuals to inform policy development (UK). 

HM Treasury, fundamental review of business rates. Phase 1 closed 03/09/2020. 

This two-phase consultation was published on 10/07/2020. The government was seeking views on the multiplier and reliefs aspects of the consultation, all other sections remain open until 31 October, which will then inform the review’s conclusion in spring 2021 (UK). 

National Audit OfficeThe UK Border - preparedness for the end of the transition periodClosed 18/09/2020. This review sought views on the quality of government engagement and information provided about the end of the transition period, the level of industry readiness and any additional support that may be needed to increase the level of preparedness (UK). 

HM TreasuryVehicle Excise Duty. Closed 03/09/2020. 

This call for evidence sought views on how the government can use VED to further encourage the uptake of zero and ultra-low emission cars, and reduce overall emissions from road transport, to help meet legally binding climate change targets and improve air quality (UK). 

Notable headlines September/October 2020  

29/10/2020 (DfT) – Transport infrastructure skills strategy: four years of progressSets 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 suspendedDue 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 publishedFrom 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. i.e. 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 (DfTUnion 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.  

29/09/2020 (NITrader Support Service portal live. The free-to-use Trader Support Service will support businesses with the changes to Northern Ireland trade which take effect on 1 January 2021. The service will provide guidance and training, a digital service to support declarations, and support from customs experts.  

29/09/2020 (OTCVocational driver conduct Statutory Document updated. Richard Turfitt, The Senior Traffic Commissioner, has issued an updated version of the statutory document on driver conduct (Statutory document 6). This follows a consultation on proposed changes to how the traffic commissioners determine driver conduct issues. 

29/09/2020 (OTCStatutory Documents Updated. Publications explaining the legal basis and the way traffic commissioners will approach the exercise of their statutory functions.  

28/09/2020 (TfLScrap or retrofit a heavy vehicle (London). The Mayor of London's scrappage scheme for vans and minibuses has been extended to HGVs, heavy vans, buses and coaches to help clean up London's air. It supports small businesses with up to 50 employees and charities to replace or retrofit older, more polluting vehicles that do not meet the Ultra-Low Emission Zone (ULEZ) standards. 

28/09/2020 (DVSATheory test changes, From 28 September 2020, the car theory test will include three multiple-choice questions based on a short video. Candidates will watch a short, silent, video clip and answer three multiple-choice questions about it. Candidates can watch the video clip as many times as they like during the multiple-choice part of the theory test. 

24/09/2020 (HMT) Winter Economy Plan. The Chancellor of the Exchequer set out the Winter Economy Plan to Parliament on 24 September 2020. This is the Winter Economy Plan document. 

10/09/2020 (DfTProvisional van statistics: 2019 to 2020. Provisional statistics of van activity in Great Britain published. 

Published On: 05/11/2020 16:09:41

 

Ian Gallagher, Head of Compliance Information


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