Legal update09 April 2024

(Image credit: AdobeStock by Jevanto Productions)

The Driver and Vehicle Standards Agency (DVSA) has announced that now that digital MOT certificates are available, from 29 April 2024 it is going to stop printing MOT pass certificates at the time of the test.

In most cases, operators won’t get a physical piece of paper. Instead, annual test pass certificates will be issued in electronic form only.

One exception to this will be tests which result in a fail. A printed certificate for these will still be issued, although we understand this will also become electronic in due course.

This change is part of the DVSA’s Digital Transformation Project. The purpose of the Digital Transformation Project is to provide a better platform for vehicle testing services. By doing this, says DVSA, the aim is to enhance the user experience and provide clearer, real-time data.

Operators can now see their MOT result on the MOT history service as soon as the annual test is completed. They can then view and/or download a copy of the pass certificate as needed. It should be noted that currently only certificates from 2021 are available to download on the MOT history service – but operators can see the whole test history of vehicles and trailers from 2018.

ENFORCEMENT

Clandestine checklist for coach operators

UK Border Force has published an official checklist for coach operators to help drivers know how to secure their vehicle against unauthorised access. The checklist consists of 25 points that drivers are encouraged to use as a guide when trying to prevent people entering the UK illegally. In 2023 the fines for clandestine entrants increased to £10,000 per clandestine found on the vehicle. Both the operator and the driver can be fined up to £10,000, making the maximum penalty £20,000 per clandestine entrant.

The checklist includes checking that all internal and external storage compartments are locked when not being used. The list also includes checking that all seals, locks or other security devices do not display signs of tampering or damage. Drivers are encouraged to check underneath all seating areas and to check the names of all passengers thoroughly.

SAFETY

New e-bike and e-scooter battery guidance

The government has recently released guidance, ’E-cycle and e-scooter batteries: managing fire risk for public transport operators’, which focuses on risk and possible mitigation of lithium battery fires while e-cycles or e-scooters are being carried by public transport vehicles. For a copy, go to www.tinyurl.com/2e5nkx5z.

E-scooters, as an example of micromobility more generally, have had a global impact in recent years on personal mobility. Evidence from the e-scooter trials evaluation indicates that e-scooters can provide access to new transport options, with people from ethnic minority groups and individuals on low incomes more likely to use rental e-scooters regularly.

This guidance aims to provide public transport operators with tools, resources and options around risk management while safeguarding the utility of these modes of transport for users.

FACT FILE

Clarification on EU drivers’ hours rules?

Are you an operator who thinks they are exempt from the EU drivers’ hours rules? Maybe you’re also on the fence as to whether any exemptions apply? The rules are very much far from black and white and you should seek advice first before determining whether any exemptions do apply to all, or part, of your operation.

The starting point here is that an operator cannot ‘choose’ whether its operations are under the EU drivers’ hours rules or not. Generally speaking, if work is conducted in a goods vehicle where the maximum permitted mass (including any trailer) is more than 3.5 tonnes then the rules will apply, even though there are exemptions dependent on the type of work that is being done.

The exemptions are contained in the retained EU regulation – EU561/2006 – and also in the community drivers’ hours and recording equipment regulations 2007. The main exemptions that are currently queried are in relation to agricultural/farming vehicles, for the maintenance of utilities and those used for road maintenance or control.

While the legislation appears to be relatively simple on the face of it, the exemptions contained are not as broad as they may look and the interpretation of the wording of the exemptions is not straightforward. In particular, with the use of vehicles in connection with utilities, it is the maintenance of those utilities networks rather than any new construction of such systems that the exemption applies to. If an exemption does apply, it may also exempt from the requirement to use a tachograph.

This page is brought to you by Backhouse Jones Solicitors, which runs a frequent series of podcasts – see www.tinyurl.com/2xbv3jzv

Author
Transport Engineer

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