Following the election, the new government has restarted the process for the legislation to be laid in parliament. The date that the debate will take place is still to be confirmed.
It should be stressed that operators do not need to do anything at this point. DVSA will provide updates on progress, including details on new National Driver CPC courses, and when and where to access them if the reforms go ahead.
The reforms were recommended following a consultation with the vocational driver and training industry.
They include:
• Introducing a National Driver CPC that will cover driving a lorry, bus or coach in the UK
• Allowing training courses to be done in blocks of 3.5 hours rather than the current seven hours to allow greater flexibility
• Decoupling e-learning from trainer-led courses
• Speeding up the process for drivers whose Driver CPC has run out to return to driving a lorry or bus/coach in the UK.
The changes are likely to be introduced in late 2024 or early 2025.
Outcome reached in Milburn v Stagecoach Group
This claim concerned damages for negligence arising out of a road traffic accident that occurred in inclement weather conditions between the claimant’s parked vehicle and the defendant’s moving vehicle.
In this case, the claimant brought his claim against operator Stagecoach to recover damages in relation to damage to his vehicle following a collision with the defendant’s vehicle. On the day in question the bus had been proceeding in a residential area in icy weather conditions. As the morning had progressed, the weather conditions deteriorated.
As the bus continued along its route, an icy patch caused the rear wheels of the bus to skid and collide with the claimant’s parked vehicle. The outcome of the claim rested on whether the defendant had been negligent in failing to abandon the route upon becoming aware that the weather conditions were worsening.
The judge considered the photographic evidence provided, which indicated the severity of the weather conditions on the day in question. It was accepted that the defendant’s driver was proceeding on the route at a speed of only 5mph.
The claim was dismissed on the basis that the driver could not have done anything differently to avoid the collision; he was not negligent. The driver had exercised appropriate care in ensuring the bus was progressing at an appropriate speed as well as being aware of other vehicles present on the road; thus he had driven with appropriate care and attention.
By the time it was apparent that the conditions were deteriorating, the driver could not have done anything else and it was only moments before the collision that the driver decided the road was unsafe, at which point the collision was inevitable.
This case provides guidance to PSV and HGV operators navigating severe weather conditions as to the aspects that will be considered when determining negligence and liability for road traffic accidents.
Working at height tops workplace fatalities list
The Health and Safety Executive’s (HSE) annual fatality statistics have recently been released. Within the figures, it has been reported that there were 50 fatal injuries caused by falling from height in 2023/24.
The HSE advises that operators need to make sure to take the necessary precautions and visit their guidance on working at height to understand how operators can protect workers here.
HSE’s website has a range of useful information and sources of advice for employers. They include: key messages to follow before working from height; guidance on the safe use of ladders and stepladders and useful resources for working at height.
The annual statistics also reported that, after falls from height, the second most common cause of fatal accidents to workers in 2023/24 was being struck by a moving vehicle (25 fatalities).
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