A. You should always inform the DVLA of any changes to the vehicle, including its colour. The link Change vehicle details on a V5C registration certificate (log book): When you need to update your V5C - GOV.UK (www.gov.uk) explains when you should inform the DVLA of any changes. With regards to images and full coverage of the vehicle, the DVLA would accept the colour that appears most in the design to appear on the vehicle’s logbook.
CHARGED UP
Q. We are a recycling company that have been asked to transport some car batteries that have been dropped off by the public. Would our drivers require an ADR certificate to move these.
A. There are several types of battery available, so some care should be taken.
|
UN Number
|
Description
|
Class
|
Transport category
|
|
3794
|
BATTERIES, WET FILLED WITH ACID, electric storage
|
8
|
3
|
|
2795
|
BATTERIES, WET FILLED WITH AKALI, electric storage
|
8
|
3
|
|
2800
|
BATTERIES, WET, NON-SPLIABLE, electric storage
|
8
|
3
|
|
3028
|
BATTERIES, DRY, CONTAINING POTASSIUM HYDROXIDE SOLID, electric storage
|
8
|
3
|
|
3496
|
Batteries, nickel-metal hydride
|
9
|
Not subject to ADR
|
The above table shows the types of batteries that can be transported without the requirement for ADR under Special Provision 598 if the criteria is met:
- Their cases are undamaged.
- They are secured in such a way that they cannot leak, slip, fall or be damaged e.g., by stacking on pallets.
- There are no dangerous traces of alkalis or acids on the outside of the articles.
- They are protected from short circuits.
OIL CAN SPOIL
Q. One of our vocational drivers has informed us that they use cannabidiol (CBD) oil. We can’t find much reputable information on the use of this while driving, so wondered if you had any information you can share?
A. Should an individual purchase over-the-counter hemp or CBD products, then these products would have no licensing implications due to their negligible content of tetrahydrocannabinol (THC).
These compounds would not be expected to result in a positive drug urine screen for cannabis. However, some CBD products are contaminated with more than the legal amount of THC. Any resulting impairment would result in an offence under Section 4 of the Road Traffic Act 1988, that being, driving, or being in charge of a mechanically propelled vehicle when under the influence of drink or drugs.
HEAVY LEVY
Q. With the reintroduction of the HGV levy from August 2023, do we need to do anything for our UK-based fleet?
A. For vehicles registered in the UK, the levy must be paid annually or every six months, and is paid alongside the vehicle excise duty (VED). This means that when a vehicle is taxed from 1 August 2023, the road user levy will be incorporated within the VED. Therefore, operators don’t need to do anything specific, other than renew the VED for their vehicles as normal. Operators will likely notice an increase in the total rate they pay from August 2023, as the road user levy, which has been suspended since August 2020, is being reintroduced.
CLEAR YOUR NAME
Q) Our Transport Manager has just got married and has subsequently changed their surname, do we need to notify the Traffic Commissioner of the change of surname?
A) Within the Statutory Documents there is no mention of the requirement to inform the Traffic Commissioner (TC) if a Transport Manager (TM) gets married and changes their name. However, within the statutory documents the change of a TM must be notified within 28 days. Given this information, as the name on the certificate does not match their current name, we would advise you to inform the TC of this material change so that there is no confusion. You can inform the TC of the change by emailing the Office of the Traffic Commissioner at enquiries@otc.gov.uk
TIME OUT
Q) A query has come up regarding the Working Time Directive. If a driver takes a week’s holiday this must be recorded as 48 hours. Whereas if a driver only takes 1 day’s holiday, this must be recorded as 8 hours. However, 5 multiplied by 8 is only 40 hours! Can you please explain this?
A) The figures are taken from the legislation. And the Department for Transport explain the figures as:
When using a fixed reference period to calculate average weekly working time "notional" working time figures must be recorded when any of the four weeks statutory leave provided by regulation 13 of the 1998 Regulations is taken. This is to ensure that such leave is 'neutral' for the purpose of calculating weekly working time. These notional figures are 48 hours per week and 8 hours per day.
Regulation 4(7) from the Road Transport (Working Time) Regulations 2005 states:
For the purposes of paragraph (5), the number of hours in a whole day shall be eight and the number of hours in a whole week shall be forty-eight.
FINE MARGINS
Q: How many vehicles can I have on the margin of my goods vehicle operator’s licence?
There is no limit or set number. You will need to show sufficient financial standing and that you have enough space at your proposed operating centre for all authorised vehicles and trailers. The updated Senior Traffic Commissioner guidance is that any vehicle in an operator’s ‘lawful possession’ is deemed to be in use and should be listed on the operator’s licence, although if a vehicle which is the subject of a SORN does not require authority on the operator licence it may still be relevant to the capacity of the operating centre if stored at those premises.
TOLERANCE LEVELS
Q: What is the tolerance allowed on a goods vehicle’s weight when fully laden? None, under normal circumstances. There is reference to a tolerance in law, but that is as a statutory defence, used when the vehicle was loaded within its legal limits, yet the weight, either gross or individual axle, had increased during transit by not more than five per cent. This situation could arise, for example, with a load of timber or sand that had absorbed water during its journey.
