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Draft Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

The draft Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (draft Regulations) together with an explanatory memorandum were published on 14 January 2019. The key provisions will come into force on exit day.

For road transport operations undertaken exclusively within the UK after exit day, the rules currently set out in the EU Drivers’ Hours Regulation (561/2006) and the EU Tachograph Regulation (165/2014) (together the EU Regulations), relating to drivers’ hours and tachographs will continue to apply, as set out in retained domestic versions of those Regulations.

For road transport operations between the UK and EU Member States, Switzerland, or non-EU EEA Member States, the rules contained in the European Agreement concerning the Work of Crews of Vehicles engaged in the International Road Transport of 1 July 1970, as amended (“the AETR”), will apply, in place of the EU Regulations, after exit day. The AETR is a United Nations Economic Commission for Europe (UNECE) Agreement and the UK, the 27 EU Member States, and a further 21 countries (including EEA Member States Norway and Lichtenstein, but not Iceland), are contracting parties to it. As the EU Regulations and the AETR contain the same rules, international road transport operations will be subject to the same drivers’ hours and tachographs requirements from exit day as before exit day.

Part 2 of the draft Regulations, which comes into force 22 days after the draft Regulations are made, amends existing legislation to fully implement the existing provisions of the EU Regulations and the AETR, including by creating three new offences, amending two existing offences and making various other consequential amendments.

18th January 2019

Roadside payments are changing

Instead paying by chip & PIN, fixed penalties will now be paid using a secure payment portal.

How it works

Once a member of our enforcement staff issues you with a fixed penalty:

  1. You will be asked to provide an email address or telephone number for either yourself or a nominated payee.
  2. An email or text with a unique code and a link to the payment portal will be sent to you or your nominated payee.
  3. Follow the link and use the code to enter your payment details to make payment.
  4. Our onsite enforcement staff will receive a text confirming receipt of payment.
  5. They’ll then release your vehicle once any other outstanding issues have been resolved.
  6. You’ll receive an email or text receipt confirming payment.

Benefits for you

The new system means payments can be made from anywhere and by anyone nominated by the driver.

It will be translated into in several languages and will be available 24/7, so payments can be made at any time.

This means you’ll be able to move off quicker.

14th January 2019

Love the lorry week

This week is love the lorry week. Take a look at what Lesley has to say in Motor transport

https://motortransport.co.uk/blog/2018/09/17/love-the-lorry-it-would-be-a-poorer-world-without-them/

 

 

 

17th September 2018

Congratulations

Congratulations to Freightlink Europe Transport Manager Tom Peterson on the birth of his second son.

Stanley Arthur was born on 10 September and weighed in at 9lb2.

12th September 2018

Welcome to Freightlink Europe’s new apprentice

 

A warm welcome to Freightlink Europe’s new recruit, apprentice Joe Sykes.

Joe has successfully completed his first week and is a valued addition to our team.

Freightlink Europe is supporting the government apprentice initiative.

Why not say hello to Joe when you next call?

7th September 2018

Congratulations

Congratulations to our driver Michelle for passing her Class 1 first time.

8th June 2018

General Data Protection Regulations

On 28 May 2018 General Data Protection Regulations came in to force.

Companies are required to ensure the privacy of their employees and any personal data which they may process. This may include telephone numbers, e-mail addresses, name and contact details, bank details etc.

Freightlink Europe’s privacy policy can be viewed here: https://www.freightlinkeurope.co.uk/wp-content/uploads/Freightlink-Europe-Privacy-Policy-GDPR-May-2018.pdf

What some companies may not realise is that from the same date any organisation or sole trader who processes personal data must register with the ICO and pay a data protection fee. For further information refer to the ICO website, where there is an online tool: https://ico.org.uk/for-organisations/data-protection-fee/

5th June 2018

Diversity and Inclusion at the Microlise Conference

On 16 May 2019 Microlise held its annual transport conference and awards attended by over 1000 delegates. It was once again hosted by Quentin Wilson and included a host of speakers from throughout the industry speaking on subjects such as vehicle emissions and clean air zones, preventing HGV related terrorism, the rise of electric vehicles, platooning and the Brexet debate.

Lesley O’Brien held a workshop creating a case for diversity and inclusion in the workplace, arguing that every effort to address the skills shortage and attract people to our industry would be pointless if the transport industry failed to embrace a more diverse and inclusive workforce which was representative of the community in which we all live.

After the workshop, Lesley was interviewed by Emma Shone of Commercial Motor https://youtu.be/Nuj-k1dmiU4

Lesley will be speaking again at a She’s RHA event being hosted by Autotrader in Manchester on 26 June. The event is for both men and women, so please come along.

For further information and to register: https://www.rha.uk.net/policy-campaigning/she-s-rha/she-s-rha-autotrader-events

5th June 2018

The so called self-employed driver

There has been much discussion with regard to the use of so called self-employed drivers and drivers employed by umbrella companies. HMRC guidance is clear that for a driver to be self-employed he/she must have both an operator’s licence and a vehicle (see our article October 2017 / article Commercial Motor https://www.freightlinkeurope.co.uk/comm-motor.jpg). HMRC has now opened a consultation https://news.rha.uk.net/2018/05/31/self-employment-consultation/content.html

5th June 2018

Congratulations

Congratulations to our Transport Manager Tom Peterson for completing his half marathon, raising funds for Martins House Hospice. Tom was in the top 5% of fundraisers raising over £1200.

Congratulations to Lesley O’Brien for getting to the finals of the FTA Everywoman in Transport and Logistics Awards 2018, category Above and Beyond. Results to be announced on 14 June at a luncheon at the London Marriot Hotel, Grosvenor Square – fingers crossedCongratulations to Lesley O’Brien for getting to the finals of the FTA Everywoman in Transport and Logistics Awards 2018, category Above and Beyond. Results to be announced on 14 June at a luncheon at the London Marriot Hotel, Grosvenor Square – fingers crossed.

5th June 2018

Training

There is still time to register for Freight Train’s ADR course commencing 26 June. Attendees will gain 21 hours driver CPC.   Day 1 may be attended as a ‘stand-alone’ day to gain 7 hours driver CPC.

5th June 2018

DVSA issues new HGV inspection manual

The DVSA has issued its new HGV inspection manual, detailing guidelines to be followed by vehicle inspectors. The new guidelines come into force from 20 May 2018.

Click hear to view guidelines https://www.freight-train.co.uk/wp-content/uploads/DVSA-heavy-goods-vehicle-inspection-manual.pd_.pdf-from-May-2018.pdf

Click here to view changes: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/704136/heavy-goods-vehicle-inspection-manual-change-table.csv/preview

11th May 2018

Insurer declared insolvent

Policy cover for Lima Insurance / Alpha ceases with effect from 8 May 2018.                                           

It has been announced that motor insurer Lima Insurance, also known as Alpha has been declared bankrupt.

Operators are at risk of operating vehicles without insurance and should contact their broker immediately.

9th May 2018

Diversity – a case for change

 

It is now 2 years since Lesley launched She’s RHA campaign on behalf of the RHA (Road Haulage Association) to improve the gender imbalance in transport by supporting, empowering and encouraging women both from within our industry and from the wider community.   The scope of She’s RHA has now extended and our focus is on making our industry more inclusive and diverse.  Lesley will be discussing the benefits of a diverse workforce at this years’ Microlise Conference on 16 May 2018.  She would love you to come along and say hello.

3rd May 2018

DVSA Roadside Checks and Financial Deposits

The DVSA Guide to Graduated Fixed Penalties has been replaced with two new guides

3rd May 2018

Graduated Fixed Penalties

As from 5 March 2018 DVSA are able to issue graduated fixed penalties for any infringement within the last 28 days, to a maximum of 5 drivers’ hours offences, which could mean a maximum fine of £1500 for the driver.

Transport operators however need to remember that they have an obligation to advise the traffic commissioner within 28 days of any such fine.   With the risk of drivers receiving more fines, is there a risk that more operators being called to public inquiry?

3rd May 2018

AdBlue Emulators

DVSA has advised that use of AdBlue emulators is an offence on a par with using a magnet to falsify drivers’ hours records. Such emissions cheating devices disable the AdBlue system.  Operators found using such devices will in all probability be subject to a full fleet maintenance inspection and referral to the area traffic commissioner, who are taking a dim view of operators using such devices.

What is surprising and questionable is the claim from operators that they were totally unaware.   We at Freightlink Europe have requested our maintenance provider to, where possible, check for such devices at inspection.  A simpler way of checking however is to check that drivers are drawing adblue.

3rd May 2018

Earned Recognition Launch at CV show

On 24 May 2018 at the CV Show DVSA officially launched the Earned Recognition Standard. .   Head of DVSA Gareth Llewellyn thanked operators for working with DVSA to make the launch possible.

Freightlink Europe’s Transport Manager, Tom Peterson collected the certificate on behalf of the company and said he was delighted that Freightlink Europe was one of the first general haulage company to be accredited with the standarTo see the full list of operators:

To see the full list of operators:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/701715/dvsa-earned-recognition-vehicle-operator-list.csv/previe

Freightlink Europe sister company, Freight Train, is available to work with operators wishing to achieve the standard.

 

 

 

3rd May 2018

New updated release of Guide to Maintaining Roadworthiness

DVSA took the opportunity to launch its new revised edition of the Guide to Maintaining Roadworthiness. The guide is no longer available in hard copy, but can be accessed at:

https://www.safedrivingforlife.info/sites/default/files/guide-to-maintaining-roadworthiness.pdf

The main updates are

  • Safety inspection intervals.   The previous annex A of the guide has been removed. This has been replaced with case studies to encourage operators to evaluate their own safety requirements when considering inspection intervals
  • Safety Inspection Records. The example inspection report has been updated to include brake temperatures and an amended report sign off
  • Safety Inspection and Repair Facilities. This section has been amended, putting the onus on operators to ensure that both in-house and external inspection facilities are fit for purpose and sufficient for the job. There is a recommendation that both workshops and technicians are able to demonstrate competence.
  • Tyre Management.   Tyre defects are amongst the most common when issuing prohibitions. The Guide gives further information with regard to tyre management
  • Brake Testing.   The Guide has more information with regard to brake testing. It is strongly recommended that laden roller brake testing to be carried out at every inspection. The guide however includes information on Electronic Braking Performance Monitoring Systems (EBPMS). If road testing is being used to assess brakes, the Guide recommends that b rake temperature readings are recorded on the inspection sheet
  • Drivers’ Daily Defect Report. This report has been updated to include vehicle height checks and Adblue system checks. An example is given in Annex 3B.   The Guide details the legal responsibilities of drivers
  • Third party traction. The Guide clarifies the duties of the operator and vehicle owner with regard to third party traction
  • Emissions and Air Quality. There is a new section on exhaust emissions. This stresses the importance of correct maintenance of vehicle emission control systems.
  • Using IT systems for vehicle maintenance. Other guides have now been incorporated into the Guide for Roadworthiness

It is strongly suggested that operators take the time to familiarise themselves with the new Guide

3rd May 2018

GDPR (General Data Protection Regulations) – 25 May 2018

Like many companies, we at Freightlink Europe are busy putting together our GDPR policies and procedures – quite a daunting task!

The sending of a newsletter is a quick and easy way for us to keep in contact with our clients. We want to keep you up to date with not only what we are doing, but what is happening within our industry.

As part of our preparation, we shall be cleansing our database and only sending our newsletter to individuals with company e-mail addresses.   Should you no longer wish to receive our news, then please unsubscribe. We will be sad to see you go.

3rd May 2018
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