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Ask the MAC – January 2021


Read the answers to questions put to our Members Advice Centre

TIME TO TRAIN

Is there an exemption under O licensing for companies which operate Heavy Goods Vehicles for the sole purpose of education/training?

Driver training is viewed as being exempt from operator licensing, provided no load is carried.

There are EU Regulations (2000/56 EC) that relate to driver training, which may necessitate some vehicles needing to carry a load to make their weight up to a minimum of 10,000kgs when presented for a driving test. However, such additional weight is likely to be a certified load, permanently fixed to the vehicle, and it is considered that compliance with these Regulations will not bring vehicles in to scope of goods vehicle operator licensing when they are solely used for driver training.

MEDICAL MATTERS

I currently have drivers that need to renew their licence and it is still difficult to obtain a medical from their GP what can we do? Can we still send an application minus the D4 medical?

The D4 Medical waiver scheme is still ongoing. Under the current criteria, to be eligible to apply to the scheme, a driver’s licence must have expired on or after 1 January 2020. So, for example, a driver who had a five-year licence issued in January 2016 that is expiring in January 2021 can be issued a one-year licence without a D4 subject to an investigation of any medical condition declared at application and confirmation that medical standards are met.

MONEY MATTERS

Is the financial standing fee worked out per operational vehicle that I have a disk for, or is it the total I have the authorisation to use (the margin)? Is there no fee for the trailers?

There is no fee for trailers.

The financial – standing applicable will be for the authorised number of vehicles. For example, if you have 45 vehicles but an authorisation for 50 on your licence, you will need to prove you have financial standing for 50 vehicles. This gives a margin of five (the space left on your licence).

LONG LICENCE

How long does the operator licence last for once granted?

Under the continuous licensing system, once granted your licence will continue to remain in force, unless you operate outside the terms of your licence and a Traffic Commissioner takes regulatory action, you surrender it or fail to pay the required fees to keep the licence alive. Every five years the Central Licensing Office will aim to contact you prior to renewal of your licence to confirm a summary of information held on your record is correct and ask you to pay the fee required at that time.

However, the onus is on the operator to ensure their licence is continued before the expiry date as indicated in their licence document and/or vehicle discs.

HOME WORKING

Owing to the ongoing coronavirus pandemic and the work from home advice, I am planning on working remotely from home two days per week.

I am employed as a full-time road haulage Transport Manager and wondered if you may be able to advise if this would be acceptable from the Traffic Commissioner’s view?

The below link will take you to the advice note from the Traffic Commissioner regarding the COVID-19 response.

Question 8 covers this, but the important areas of note are that all available technological solutions are implemented to ensure that the continuous and effective management of the operation can continue. If the period of home working extends past four months, then the advice is to formally advise the Traffic Commissioner of the working arrangements.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/933454/COVID-19_Advice_Note_v12_20201106.pdf

PROFESSIONAL CERTIFICATION

Would someone holding a UK-issued Transport Manager CPC certificate be able to use it in the Republic of Ireland?

Transport managers holding a UK TM CPC working for UK operators do not need to take any additional action regarding qualifications to prepare for 1 January 2021. The UK CPC will continue to be valid for transport managers working for UK operators.

A UK TM CPC will no longer be recognised by EU operators from 1 January 2021.

Published On: 14/01/2021 17:00:31

 

Ian Gallagher, Head of Compliance Information


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