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Legislation update – October 2021


Keep abreast of current government consultations, recently closed consultations and key announcements.

Live consultations (by date of release) 

House of Lords European Affairs Committee – Trade in Goods 

The House of Lords European Affairs Committee has launched an inquiry into trade in goods between Great Britain (GB) and the EU. The launch of this inquiry follows the decision by the UK Government to further delay the introduction of new import controls on goods entering GB from the EU, many of which will now not be introduced until 1 July 2022. The inquiry will also examine the overall impact to date of Brexit and the Trade and Co-operation Agreement (TCA) on GB-EU trade in goods in both directions, in the UK’s first year outside the Single Market and Customs Union. 

Released 20/09/2021 – closes 29/10/2021. 

Environment, Food and Rural Affairs Committee –  Labour shortages in the food and farming sector 

This inquiry will explore what is causing labour shortages, (includes HGV shortage), and the impact on the food and farming sector both now and in the future. It will also ask what other factors are affecting the food supply chain. This is likely to focus on the new post-Brexit trading relationship with the EU, including the latest impact of additional red tape and checks at the border since 1 January 2021 on businesses exporting food (and other “Sanitary and Phytosanitary”, or SPS, goods) to the EU. The inquiry will also consider the government’s latest delay to introducing border controls and checks for SPS imports from the EU, including the effect on the competitiveness of British businesses. Released 16/09/2021 – closes 08/10/2021. 

Department of Infrastructure (NI) – Biennial MOT Testing 

This Call for Evidence represents initial evidence gathering exercise by the Department for Infrastructure that seeks views on the option to introduce biennial testing (every two years) for private cars, light goods vehicles under 3,500kg and motorcycles. 

Transport Scotland – Consultation on Penalty Charge Notices for Parking Enforcement 

The Scottish Government is consulting on creating and aligning an equivalent list to the England and Wales parking contravention codes. Each contravention classified as higher or lower. Currently, illegal parking/loading incurs a £60 penalty charge discounted to £30 if paid within 14 days, but Transport Scotland does not believe this is a sufficient level to deter poor parking. The higher charge is proposed to be set at £120 and will apply to contraventions including double parking, parking on a dropped kerb and pavement parking. Released 04/08/2021 – closes 04/10/2021.  

Scottish Affairs Select Committee – Airports in Scotland 

The Committee calls for evidence to be submitted on the following issues: What has been the effect of the coronavirus pandemic and reduced flights on Scottish airports and local communities, including tourism? How do airports support the local and regional job market? How effective is the movement of air freight for essential supplies in rural or isolated airports? Is there a sufficient level of investment in the infrastructure around airports in Scotland? How will airspace modernisation affect Scottish airports? What schemes are in place to reduce the carbon footprint of airports? Released 27/07/2021 – closes 06/10/2021. 

TfL – Congestion Charge changes 

Last year, in response to the transport challenges of the pandemic and the Government’s emergency funding of Transport for London (TfL), temporary changes were made to the Congestion Charge. This included extending its charging hours until 22:00 each day and increasing the charge level to £15. TfL is now consulting on new proposals. The proposals include reducing the charging hours to between 07:00 and 18:00 Monday to Friday and 12:00 to 18:00 at weekends. Released 28/07/2021 – closes 06/10/2021. 

BEIS – Role of vehicle-to-X energy technologies in a net zero energy system: call for evidence 

Views invited on the role of V2X technologies in the energy system, the barriers that might be preventing this and the role of government. Released 20/07/2021 – closes 12/10/2021. 

Welsh Gov. – Proposal to reduce the speed limit to 20mph on residential streets 

The Welsh Government has launched a consultation on its proposals to limit the speed limit in villages, towns, and cities to 20mph. This follows announcements made by the First Minister for Wales in 2019, and the launch of a Taskforce Group, under Lee Waters, in 2020. Released 09/07/2021 – closes 01/10/2021.   

Consultations which closed in September  

HM Treasury – Spending Review representation 

HMT was calling for comments on government policy whilst suggesting new policy ideas to be considered in the upcoming Spending Review. Released 07/09/2021 – closed 30/09/2021. 

BEIS, (Department for Business Energy and Industry Strategy) – Strengthening the Energy Savings Opportunity Scheme (ESOS) 

This consultation was seeking views on measures to strengthen the Energy Savings Opportunity Scheme to improve the uptake of energy efficiency measures and increase the benefits for participating businesses. Released 06/07/2021 – closed 28/09/2021. 

BEIS – National Resilience Strategy: Call for Evidence 

This Call for Evidence was seeking views to inform the development of a new National Resilience Strategy that will outline a new vision for our (UK) national resilience. It looked at gaining a greater understanding of current perceptions of risk and resilience, gather evidence on where improvements could be made, and gauge the UK’s appetite for change. Released 13/07/2021 – closed 27/09/2021.  

BEIS – Carbon capture, usage, and storage (CCUS): offshore decommissioning regime for CO2 transport and storage 

The Department for Business Energy and Industry Strategy was seeking views on proposals for establishing a funded decommissioning regime for carbon capture, usage, and storage. Released 02/08/2021 – closed 26/09/2021. 

DfT, (Department for Transport) – Key Route Networks: devolving more powers and responsibilities for locally important roads to metro mayors and their combined authorities 

DfT was seeking views on proposals to give metro mayors and their combined authorities greater decision-making powers and accountability for Key Route Networks (KRNs). Released 30/07/2021 – closed 24/09/2021. 

Transport for West Midlands – Commonwealth Games Transport Plan 

This consultation outlined how the existing demand from local people and businesses will be managed, how additional demand during the event will be catered for and how any impacts from the Games will be minimised to limit disruption. The Plan presented five principles that have guided decision-making throughout the stages of strategic planning. These principles were established following the consultation of the draft Games Strategic Transport Plan and underpin objectives for transport during the Games. Released 29/06/2021 – closed 24/09/2021. 

DfT – CO2 emissions regulatory framework for all newly sold road vehicles in the UK 

DfT was seeking views on the proposed regulatory framework for the UK regarding all newly sold road vehicles. It included defining the ‘significant zero emission capability’ that all new hybrid cars and vans will be required to deliver from 2030 to 2035. Released 14/07/2021 – closed 22/09/2021. 

CO – Government engagement with business and civil society groups on the implementation of the UK-EU Trade and Cooperation Agreement.  

Government was seeking views on how the domestic advisory group should operate and on the criteria for the selection of UK stakeholders for participation in the UK-EU civil society forum. Both groups will play an advisory role in relation to the implementation of the UK-EU Trade and Cooperation Agreement (TCA). Released 09/08/2021 – closed 21/09/2021. (Extended from 14/09/2021). 

DfT – Mandating the use of sustainable aviation fuels in the UK 

This consultation proposed the introduction of an obligation on fuel suppliers to reduce the carbon footprint of jet fuel used in the UK, to be achieved through greater use of sustainable aviation fuels. Released 23/07/2021 – closed 19/09/2021. 

TfL – Increasing the fine level for drivers who fail to follow the rules on TfL managed roads 

TfL is proposing to increase the fine level (TfL penalty charge) from £130 to £160 for people who fail to follow the rules of the red route network (those roads manage by TfL in London). The fine level would be reduced by half to £80 if paid within 14 days. Released 05/08/2021 – closed 19/09/2021.  

DOE – National Skills Fund 

This consultation invited views on areas such as, how government can ensure the free Level 3 qualifications and Skills Bootcamps are even more accessible to a wide range of people. How to ensure the free Level 3 qualifications and Skills Bootcamps meet the needs of a range of employers. And where the skills system could do more to meet priority skills needs below degree level. Released 15/07/2021 – closed 16/09/2021. 

DfT – Traffic Commissioner function 

Review of the Traffic Commissioners for Great Britain. The review seeks views on whether the functions carried out by traffic commissioners (TCs) are required, how effectively and efficiently TCs carry out their role and duties. Whether the existing staffing and administration arrangements of Office of the Traffic Commissioner are effective or whether alternative arrangements are required and if additional functions and responsibilities should be added to the Office of the Traffic Commissioner. Released 11/08/2021 – closed 08/09/2021.  

Highways England – Lower Thames Crossing - community impacts consultation  

This Community Impacts Consultation provided an opportunity to review and comment on plans to build and operate the Lower Thames Crossing, topics include changes to traffic, air quality, noise, and vibration, as well as the impact of the new crossing on the environment and landscape. Released 14/07/2021 – closed 08/09/2021. 

DfT – Jet Zero - Achieving Net Zero by 2050 

Sets out the government’s proposed approach and principles to reach net zero aviation by 2050. The consultation will inform the final jet zero strategy. Released 14/07/2021 – closed 08/09/2021. 

DVSA (Driver & Vehicle Standards Agency) – Changes to HGV and bus driving tests and allowing car drivers to tow a trailer without an extra test 

Seeking views on changes to HGV and minibus, bus and coach driving tests, and allowing car drivers to tow trailers without taking another test. Released 10/08/2021 – closed 07/09/2021. 

BEIS – UK Emissions Trading Scheme: proposed amendments 

This consultation set out the UK government and devolved administration proposed technical amendments to the UK ETS (Emissions Trading Scheme) legislation, which is accompanied by 2 draft Statutory Instruments. Released 28/07/2021 – closed 07/09/2021. 

Scottish Government – Workplace parking licensing regulations and guidance  

This consultation on Workplace Parking Licensing (WPL) Scheme regulations and guidance sort views on the regulatory framework and supporting guidance which will underpin local authorities’ WPL schemes. Released 11/06/2021 – closed 06/09/2021. 

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

Consultation seeking views and evidence on revising the night flight dispensation guidance, allowing airport operators and the Secretary of State for Transport to disregard movements from the existing restrictions in certain circumstances. It seeks evidence on the night flight restrictions at the designated airports beyond 2024 including: structure of the government’s night noise quota count system, length of the future regime, and future movement and noise quota allowances. The consultation also called for views on our national night flight policy, including on the health impacts of aviation noise at night and the economic value of night flights plus the emergence of new technology. Released 04/03/2021 – Extended to/closed 03/09/2021.  

DfT – Heavy goods vehicles: ending the sale of new non-zero emission models 

The Department was seeking views on when to end the sale of new non-zero emission heavy goods vehicles (HGVs) in the UK, and whether to increase the maximum permissible weights for zero emission and alternatively fuelled HGVs completing domestic journeys. The end of sale dates for new non-zero emission HGVs will be enforced through the green paper on a new road vehicle CO2 emissions regulatory framework for the United Kingdom. Released 14/07/2021 – closed 03/09/2021. 

House of Commons, Environmental Audit Committee – Net zero aviation and shipping 

The Environmental Audit Committee (EAC) announced that it was looking at how the aviation and shipping sectors can best achieve net zero emissions. Released 20/07/2021 – closed 03/09/2021. 

DVSA – Changing the cost of DVSA services for 2021 to 2022 

This consultation proposed increasing the fees paid by around 1.5% for services provided by DVSA, including: theory tests, driving tests and vehicle tests. The Driver and Vehicle Standards Agency is proposing to do this to avoid a future shortfall in its funds and to allow it to fund future work to modernise its services. Released 05/08/2021 – closed 02/09/2021. 

Announcements, September 2021 

21/09/2021 – Safety and security requirements on imports and exports from 1 October 2021 

First Published – Find out about new safety and security declarations that will apply from 1 October 2021 on goods leaving Great Britain (England, Scotland and Wales). 

20/09/2021 – Digital trade objectives and vision  

First Published – DIT’s digital trade objectives set out the way in which the department approaches digital trade, and its vision for how international digital trade can benefit consumers and businesses. This is grouped into five areas: open digital markets, data flows, consumer and business safeguards, digital trading systems and international cooperation and global governance. 

17/09/2021 – Set up an authorised testing facility (ATF) to test HGVs, trailers and buses information update. 

Updated sample contract: new reference number format – new section about use of CCTV cameras- added space for dates to signature page- updated contact details for team that manages contracts at DVSA – added space for contract signatory to site information page. 

17/09/2021 – Changes to HGV and bus driving tests from Autumn 2021  

There will be changes to the way driving tests work for heavy goods vehicle (HGV) and bus drivers later in 2021. This document explains what those changes are. 

16/09/2021 – Legislation: Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2021 

A draft affirmative statutory instrument, meaning that car drivers will not need to take another test to tow a trailer or caravan, is being laid in Parliament. 

16/09/2021 – Brexit opportunities: regulatory reforms 

First published – opportunities to review the laws which govern our nation and ensure that they are tailored to support the best interests of business and citizens. 

14/09/2021 – Government postpones some import controls 

The government has decided to delay further some elements of the new Border controls, especially those relating to Sanitary and Phytosanitary goods. The requirement for pre-notification of agri-food imports will be introduced on 1 January 2022 as opposed to 1 October 2021. The new requirements for Export Health Certificates, which were due to be introduced on 1 October 2021, will now be introduced on 1 July 2022. Phytosanitary Certificates and physical checks on SPS goods at Border Control Posts, due to be introduced on 1 January 2022, will now be introduced on 1 July 2022. The requirement for Safety and Security declarations on imports will be introduced as of 1 July 2022 as opposed to 1 January 2022. 

14/09/2021 – Changes to the Highways Code 

DVSA had published a list of 33 amendments to the highways code and introduced two new rules. The changes refer specifically to motorway driving (Logistics UK briefing note available).  

13/09/2021 – National Infrastructure and Construction Pipeline 2021 

A forward-looking pipeline of planned projects and programmes in economic and social infrastructure. Includes roads and rail. 

13/09/2021 – How to maintain slack adjusters 

All HGVs, PSVs and trailers over 3.5 tonnes must be fitted with fully functioning automatic slack adjusters. This guide tells you how to maintain automatic slack adjusters and how to assess their condition. Originally published in July 2021, it has been updated to include information about coupling sleeves and protective caps. 

13/09/2021 – Plan for Jobs: HM Treasury progress update  

First Published – A progress update setting out how the Plan for Jobs has supported millions of people, and will continue to support people into work and develop their skills. 

10/09/2021 – New rules for towing a trailer or caravan with a car from autumn 2021 

There will be new rules about towing a trailer or caravan with a car later in 2021. Changes were announced to free testing capacity so that priority can be given to vocational testing. 

09/09/2021 – Road freight: domestic and international statistics 

Statistics and data about domestic and international road freight activity. Road goods vehicles travelling to Europe for July 2020 to June 2021 added to collection. 

09/09/2021 – Road goods vehicles travelling to Europe (RORO) 

Data tables updated for the July 2020 to June 2021 roll-on, roll-off international freight report. 

01/09/2021 – International Road haulage: HGV and trailer documents 

From 28 September 2021, all UK-registered vehicles will need a UK sticker instead of a GB sticker on a vehicle to drive abroad. 

01/09/2021 – Changes to driving test standard operating procedure for cars 

DVSA has published updated Standard Operating Procedures (SOPs) for both car and motorcycle. These have now been reviewed and refreshed to take account of recent national COVID updates. 

August 2021 

31/08/2021 – APIs,  

First Published – This page links to government's border related Application Programming Interfaces (APIs) which allow industry to integrate their technology with government systems. The page will be continuously updated as APIs change and new APIs are released. 

31/08/2021 – Border Innovation Hub  

First Published – This hub brings together information from across government to help provide industry with the tools needed to innovate at the border. 

26/08/2021 – UK points-based immigration system: sponsorship roadmap  

Explains the further improvements government will make to the sponsorship system this year, in 2022 and beyond. 

26/08/2021 – Transport goods in and out of the UK using vans or car and trailers from 21 May 2022 

First Published – What transport companies and couriers need to do to use vans and car and trailers over 2.5 tonnes to transport goods in and out of the UK from 21 May 2022. 

26/08/2021 – Register road haulage journeys within Europe from 2 February 2022  

First Published – Check which types of journeys you’ll need to register online if you transport goods within Europe using a car and trailer, van or HGV from 2 February 2022. 

25/08/2021 – National Highways online tool launched for views on future road investment  

National Highways (formally Highways England) has launched an online feedback tool for road users and those who live near to England’s motorways and major A roads to give their views on where investment is needed the most. 

24/08/2021 – Ending the longer semi-trailer trial – Consultation response  

The Department for Transport (DfT) has released its response to the Longer Semi-Trailer (LST) trial consultation which ended in February 2021. The response outlines a sightly lighter attitude when compared to DfT’s earlier preferred approach in ending the trial – especially in respect of administrative procedures with Traffic Commissioners and incident notifications. Subject to the completion of the necessary Parliamentary processes, the ability to operate LSTs outside the trial is envisaged to start in January or April 2022.  

24/08/2021 – Heavier intermodal freight trial: government response 

Having considered the responses to this consultation which closed in November 2020 and following discussion with the Welsh and Scottish governments, DfT will continue to work towards implementing a trial of 48 tonne vehicles for intermodal journeys within Great Britain. 

Published On: 07/10/2021 16:00:34

 

Ian Gallagher, Head of Compliance Information


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