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Legislation update - March 2020


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CONSULTATION MONITOR

CURRENT CONSULTATIONS

Lower Thames Crossing – Supplementary consultation

At the end of 2018 almost 29,000 people shared their views on our proposals for the Lower Thames Crossing. There are now proposals for a number of design changes based on feedback and where further information has become available. This consultation provides an opportunity to view and comment on these changes, which include:

• M2/A2, including the junction with the Lower Thames Crossing.

• Southern tunnel entrance.• Removal of the rest and service area and Tilbury junction.

• A13/A1089 junction.

• Number of lanes southbound between M25 and A13 junctions.

The consultation can be found at https://highwaysengland.citizenspace.com/ltc/consultation-2020/supporting_documents/Guide%20to%20Consultation%20digital%20version.pdf.

Closes by 23:59 on 25.03.20.

CLOSED CONSULTATIONS

Scotland LEZ Consultation on Regulations and Guidance – closed 24.02.20

This consultation seeks views on issues of a technical nature that underpin the operation and delivery of Low Emission Zones, including emission standards, exemptions and penalty charges.

The Low Emission Zone Regulations and Guidance consultation is published at the following link: https://consult.gov.scot/transport-scotland/low-emission-zones/.

Consultation closed 24.02.20.

Law Commission Consultation on Automated Vehicles: Passenger services and public transport

A review of the regulatory framework for the safe deployment of automated vehicles in the UK. The second consultation paper on the regulation of highly automated road passenger services (HARPS). Consultation closed 03.02.20.

Salary threshold and points-based system (PBS) commission: call for evidence

Government has asked the Migration Advisory Committee (MAC) to reassess the salary threshold within the future immigration policy and to look at how an Australian points-based system would work. The MAC has put out a call for evidence to consider regional variations, possible exceptions via the Shortage Occupation List (SOL), inclusion of non-cash benefits and allowances for part-time workers.

Electric vehicle smart charging

Consultation on proposals for electric vehicle charge point smart technology regulations. The proposed regulations would require that electric vehicle charge points sold or installed in the UK have smart charging functionality included. Closed 07.10.19.

Older tyre ban in bid to improve road safety

New laws banning older tyres on large vehicles to improve road safety could be introduced shortly. Tyres aged 10 years and older would be banned from use on buses, coaches, lorries and minibuses. If supported, the new rules could be in force by early 2020. Closed 01.09.19.

DfT – HS2 Phase 2b design refinement consultation

Sought views on proposed refinements to the Phase 2b (Crewe to Manchester and West Midlands to Leeds) line of route. Closed 06.09.19.

Vocational Driver Conduct: Statutory Guidance No 6

The consultation sought to gather formal responses from the industry, stakeholders and other interested parties on specific changes made to Statutory Document No 6 entitled Vocational Driver Conduct. FTA has responded to this consultation. Closed 24.07.19.

DfT – Public service vehicle operator licensing and tribunal rules: legislative changes (GB)

DfT was seeking opinion on changing the rules to allow public service vehicle operators, who have met the necessary criteria for licensing, to commence vehicle operations as soon as possible and whether to create the power to introduce formal rules for the tribunal functions carried out by the Traffic Commissioner. Closed 25.06.19.

Low Pay Commission consultation 2019

The Low Pay Commission was gathering evidence in support of its 2019 report to make a recommendation in October of this year. The National Minimum Wage and National Living Wage rates will apply from April 2020. Closed 07.06.19.

TfL – Consultation on further scheme proposals and statutory Traffic Regulation Order (TRO)

This consultation set out the final package of proposals for consultation on the Direct Vision Standard and the Safety Permit scheme. It is proposed that the scheme is implemented by a TRO (Traffic Regulation Order) and this consultation includes a statutory consultation on the Amendment Order that does this. Closed 23.05.19.

DfT – Reinstating a road after street works: new edition of the code of practice (England)

DfT was seeking views on a new edition of the ‘Specification for the reinstatement of openings in highways’ (SROH). Consultation closed 06.05.19.

HMRC – Off–payroll working rules from April 2020 (UK)

HMRC was seeking views on how the off-payroll working rules will work from April 2020. The reform is being extended to the private sector and this consultation aims to ensure the proposed processes are suitable for the private sector as well as engagers in the public sector already applying the rules. Consultation closed 28.05.19.

Multi-agency – Packaging waste: changing the UK producer responsibility system for packaging waste (UK)

This joint government consultation was looking for comment on proposals to reform the packaging producer responsibility system. Consultation closed 13.05.19.

DfT – Light rail and other rapid transit solutions in cities and towns (England)

This Call for Evidence invited your thoughts on how government can help harness the opportunities for building on the popularity of light rail, in the hope of introducing these systems into our cities and towns. Consultation closed 19.05.19.

CAV – Automated vehicle (AV) trialling code of practice (UK)

The government invited comments on this Code of Practice. The Code is a guidance document which provides information and advice for those carrying out public trials of AV technologies or services. It replaces the 2015 code. Closed 06.05.19.

DfT – Williams Rail Review

Led by independent chair Keith Williams, this review was established to recommend the most appropriate organisational and commercial frameworks to support the delivery of the government’s vision for the railway. Closed 31.05.19.

 

RECENT GOVERNMENT RESPONSES TO CONSULTATIONS (available on gov.uk consultations)

Packaging waste: changing the UK producer responsibility system for packaging waste

Government looked for feedback on proposals to reform the packaging producer responsibility system. These regulations set waste recycling targets for businesses responsible for producing packaging (like food containers) (government response – 23.07.19).

Off-payroll working rules from April 2020 (IR35)

Views were sought on how the off-payroll working rules will work from April 2020. The consultation asked for views and information on a number of subjects, including: the scope of the reform and impact on non-corporate engagers; information requirements for engagers, fee-payers and personal service companies; and addressing status determination disagreements. The consultation also set out how businesses can prepare for reform (government response – 11.07.19).

Review of WLTP and vehicle taxes

A review into the impact of the Worldwide Harmonised Light Vehicles Test Procedure (WLTP) on Vehicle Excise Duty and company car tax (details of the outcome of the review – 11.07.19).

Air quality: brake, tyre and road surface wear

Evidence was sought on the airborne particulate matter emissions from brakes, tyres and road surface wear, with the aim of looking for ways to reduce emissions from this source (Summary of Responses – 11.07.19).

Consultation on the Removal of Deposits and Securities as alternatives to conventional insurance

Amending road traffic legislation to remove the options of making a £500,000 deposit or obtaining a security instead of motor insurance (government response – 11.06.19).

Transport appraisal and modelling strategy: informing future investment decisions

DfT’s ‘Appraisal and modelling strategy’ presents priorities for the development of Transport Analysis Guidance (TAG) for the next five years. Response published 16.04.19.

Non–road mobile machinery and red diesel

This document summarises the submissions received, while not setting out specific policy proposals at this stage (Summary of Responses 04.04.19).

 

NOTABLE RECENT HEADLINES

28.10.19 – DVS & Safety Permits

DVS and Safety Permit scheme launched by TfL (expected).

21.10.19 – Drug Driving (Specified Limits) (Scotland) Regulations 2019

New rules came into force. Scottish government introduced similar drug driving laws as England and Wales.

09.10.19 – Car test app developed

DVSA has developed an app to electronically record car driving tests with a gradual roll out, from 9 October 2019. A few examiners will be carrying out driving tests using the app, instead of the paper DL25.

07.10.19 – Impact assessment for goods movements published by HMRC

HMRC has added the third edition of its impact assessment for the movement of goods if the UK leaves the EU without a deal (GOV.UK

02.10.19 – Road freight activity & statistics updated

Data table on international and domestic road haulage by UK-registered vehicles has been updated on GOV.UK for the period between April 2018 to March 2019. (Documents RFS01 & RFS02).

01.10.19 – The Transport Act 1985 (Amendment) Regulations 2019

These regulations amend sections 18 to 23 (modification of PSV requirements in relation to vehicles used for certain purposes) of the Transport Act 1985 (“the 1985 Act”) in order to clarify the effect of Regulation (EC) No. 1071/2009.

27.09.19 – Section 19 and 22 permits: not-for-profit passenger transport update

Section 19 and 22 permits let organisations charge for not-for-profit transport services without holding a PSV operator’s licence. Extended guidance for section 3.3, the short distance exemption, released.

Published On: 02/03/2020 10:03:51

 

Malcolm Bingham, Acting Head of Compliance Information, FTA


FOR THE FUTURE

Scottish government ban on pavement and double parking

The Transport (Scotland) Bill will introduce a national ban on pavement and double parking in 2021. The Bill gives power to local authorities to enforce the national ban with the opportunity to promote exemptions from the national ban within strict criteria.

The Bill provides exceptions to certain vehicles if they are involved in emergencies or delivering goods.

More information is available at:

www.transport.gov.scot/our-approach/transport-scotland-bill/parking-and-the-transport-scotland-bill/

DVLA consultation on VED for vans

Expected in 2020.

EU Mobility Package

The so-called “Mobility Package” is now in its final phase. The package consists of a revision of road haulage rules including drivers’ hours, tachograph requirements, operator licensing, cabotage and administrative requirements relating to local minimum wages applying to international drivers.

Anything that comes into effect before the end of 2020 will apply in UK law as part of the Brexit transition period. Anything due to come into effect after the end of 2020 will be subject to the future trade agreement. We estimate that changes to EU drivers’ hours will come into effect in July or August., including a change to the way that reduced weekly rest is calculated.

Measures which will be after the transition include:

2022 – Vans 2.5t to 3.5t coming into scope of operator licensing where operation is conducting hire or reward across international borders. Not own account.

2023 – Legislation setting the timeline for Smart Tacho 2 in new vehicles and retrofit requirements for vehicles crossing international borders.

2026 – Vans (2.5t to 3.5t) crossing international borders in scope of driver’s hours and tacho – this applies to hire or reward and own account.

FTA will shortly be producing a briefing note, and we continue to work with DfT regarding effective implementation of the changes.

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