Legal update - February 202215 February 2022

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This page is brought to you by specialist transport law firm Backhouse Jones. It holds regular virtual events: see www.is.gd/opehej

REGULATORY

LGVs in the EU

The DfT has recently issued guidance setting out important information for operators of light goods vehicles that travel to the EU.

From 21 May 2022, operators or users of vans or other light goods vehicles over 2.5 tonnes and up to 3.5 tonnes in weight operated for hire and reward will need to obtain an international operator’s licence. This includes a requirement to appoint a designated transport manager with a valid transport manager certificate of professional competence (TM CPC) qualification. This new requirement is part of the UK/EU Trade and Cooperation Agreement.

A temporary exemption from the TM CPC requirement may be available for those with appropriate experience of managing light goods vehicles, in the form of temporary transport manager status.

You will need to list the name of a qualified transport manager in your application for an operator licence. Applications for licences will be taken from next month.

From 14 December 2021, people who can demonstrate they have been continuously managing light goods vehicles for at least 10 years prior to 20 August 2020 can apply to be a temporary transport manager, allowing them to continue to manage light goods vehicles until 21 May 2025. You can apply via www.is.gd/onufey.

You can find more information on how to apply and what you need via www.is.gd/fuyonuq. This will help businesses ensure that experienced existing fleet managers have time to achieve the necessary TM CPC qualification.

From 2 February 2022, if you operate loaded goods journeys in and between European member states, you may also need to share information digitally about your journeys in the EU. This includes details of the operator, driver, driver employment, dates of travel, and the vehicle used.

EMPLOYMENT

Fit notes

A temporary change has recently been quietly introduced which will be relevant to all operators with employees. Employees can now self-certify their sickness for up to 28 days. In practice, this means they only need to attend a GP for a ‘fit note’ if they have taken sick leave and been ill for more than 28 days. That period also includes non-working days. Previously, workers had to provide a fit note after seven days. This temporary change was effective for all absences between 17 December 2021 and 26 January 2022 and is said to help the NHS concentrate on the COVID booster programme.

REGULATORY

Recently changed your contact details?

The Office of the Traffic Commissioner recently reminded operators that if they hold an operator’s licence it is important that the email address, telephone number and postal address held by the OTC is correct. If your contact details are not correct, you may not receive important correspondence from the traffic commissioner that may affect your operator’s licence.

To check, log into your VOL self-service account today.

If you receive correspondence electronically, through your VOL self-service account, it is also important to check that the email address linked to your account is correct. You can check this by logging in to VOL and then selecting ‘Your Account’ from the options at the top of the page.

Operators without a self-service account can visit www.is.gd/yezise to register.

NEW RULES

There will be new rules for transporting goods to or through Europe from 2022. The rules are part of the UK’s deal with the EU (The UK/EU Trade and Cooperation Agreement). The new rules will affect those transporting goods using cars and trailers, vans or other light goods vehicles (for example, if you run a European courier service), or heavy goods vehicles (HGVs).

The new rules mean that you might need to register some journeys within Europe on an online service from 2 February 2022. You must register the journey if you transport goods between two points in the EU, Iceland, Liechtenstein and Norway for commercial purposes. This means that you load goods at one point and unload them at another point in any of those countries.

This includes cabotage jobs, cross-trade jobs and moving goods for your own business’s use.

From 2 February 2022, your driver must carry a digital or physical copy of the information you register for the journey.

See full details on www.is.gd/orahok.

Author
Backhouse Jones

Related Downloads
244379/legal update TE-DE-Feb22 34.pdf

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Backhouse Jones Solicitors

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