It's The Law
There are a number of very important areas of legislation that apply to running vans and other light commercial vehicles. For full details of all the legislation go to the Department for Transport website at www.dft.gov.uk but for convenience here is a summary of the key laws and regulations:
Driving Licences
Drivers who passed their standard driving test before 1st January 1997 can normally drive a vehicle of up to 7.5 tonnes gross vehicle weight (GVW) without further testing. Those who passed their test after this date are limited to a maximum GVW of 3.5 tonnes on their existing licence. It is important to remember that the 3.5 tonne limit can be exceeded by fitting a trailer to a vehicle.
Speed Limits
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‘Goods Vehicles’ applies to all panel vans as well as the Ford Connect and the VW Caddy HiCube vans as they exceed 2.0t GVW, this is not often realised by operators.
Speed Limiters
All new vans over 3.5t Gross Vehicle Weight (GVW) and all new minibuses with more than 8 passenger seats must be fitted with a speed limiter. This has been set at 56mph for the vans and 62mph for the buses. This is for vans which will be travelling to the continent.
Working Time Directive
This is also known as the Road Transport Directive and it outlines working conditions for mobile workers i.e. drivers. It is primarily aimed at the heavy goods sector (i.e. over 3.5t GVW) but there a number of provisions for the drivers of LCV’s. This also applies to the drivers of minibuses. The main points are:
- An average 48 hr working week, typically averaged over a 4 month period
- Drivers can’t exceed 60 hr work in a single week
- A 10 hr limit for night drivers over a 24 hrs period
Seat Belts
A new law has just come into force stating that people making deliveries and who travel for more than 50 metres between stops, now have to wear seat belts. This applies to all drivers and passengers on public roads.
Benefit in Kind Tax
New tax laws came into force on 6th April 2007. The main change is the increase of the scale charge from £500 to £3,000 if there is any private mileage. This in effect is a 6 fold increase in the amount of tax paid by the driver. For a basic rate tax payer this will increase the annual tax burden from £110 to £660.
The devil however is in the detail. There has also been a change in the way that Private Mileage has been defined. No private mileage = No tax, One private mile = Full tax. However if a driver has to take a van home as part of their job, i.e. on-call service engineer, then this is not considered private usage, but taking the family for a weekend away is. This stipulation does not apply to self employed owner drivers.What is still not clear is where the burden of proof lies around the private usage of the van. Does the company have to manage and report or is it up to the individuals? In each case it is not clear how you can prove that there is no private usage.
Operating Weight Limits
All vans are assigned a Gross Vehicle Weight (GVW) limit when they are certified for use on the roads. For example a GVW of 3,500kg or 3.5t, means that that the total weight of the van including the driver, any passengers, fuel and the load itself must not exceed this weight. Most van operators know this, however there are two other factors that need to be taken into account.
- 1 –Is the van going to be towing anything?
If this is the case then the Gross Train Weight (GTW) has to be taken into account. This is total permissible weight of the vehicle + the trailer. This figure will vary depending on whether the trailer is fitted with a braking system or not. A braked trailer has a total weight limit of approx 2,000kg (inc. the trailer itself) while an unbraked trailer would only be around 500kg. It is the GTW that is actually used to assess if the vehicle needs to covered by an ‘O’ licence
- 2 –Axle Weights
This is a point commonly missed, each axle also has a weight limit. Again if the vehicle exceeds either the Front or Rear Axle Weights then it is breaking the law. In fact it is perfectly possible for the van to be under the GVW weight limit but exceed the Rear Axle limit, thus being driven illegally. It is therefore important that the load is distributed correctly You are also responsible for the maintenance and storage of the certificates of compliance which have to be passed on when the vehicle is sold. Failure to do these things will result in hefty fines.
PSV Licence
PSV or Public Service Vehicle licence applies to any vehicle designed to carry 9 or more passengers as well as the driver. It applies to these vehicles if they are used for Hire or Reward, i.e. where the company is paid for the use of the vehicle. This doesn’t have to mean straight cash payments, a free service bringing people from an airport to a hotel is still considered to be a reward to incentivise customers to use the company’s service. If you are even slightly unsure on this, or on any of the other regulations which have to be met by both the company and the drivers, check with the Vehicle and Operator Service Agency or VOSA to understand the exact responsibilities.
"O" or Operator Licence
This is the licence that applies to practically all operators of vehicles over 3.5t GTW (see Operating Weight Limits). This licence sets out a number of different criteria which have to be met by both the driver and the operating company. Companies which have O licences are also subject to random inspections by VOSA to ensure that they are operating their fleet to the correct standards. These include things such as the fitting of tachographs; driver’s working hours; vehicle servicing timescales and towing trailers.
LOLAR Regulations
These regulations cover the fitting; maintenance and operation of any lifting equipment. Lifting equipment is defined as equipment which lifts or lowers a load and all the associated attachments, for example Cranes and Tail lifts. The operator of the equipment is liable for the training and correct operation of the equipment. However the maintenance is the responsibility of the company who have the maintenance contract for the equipment.
Use of Mobile Phones
What’s the legal situation?
On 24 June 2003 the Department of Transport announced that as from 1 December 2003, driving whilst using a hand-held mobile phone will be a legal offence under the Road Vehicles (Construction and Use) Regulations 1986.
What are the penalties?
New legislation to increase the penalty for using a hand-held phone whilst driving came into force on 27 February 2007. The £30 fine was increased to £60 and three penalty points on your licence. Penalty points can mean higher insurance costs. If you get six points within two years of passing your test, your licence will be revoked and you will need to re-sit the test. If the case goes to court, you could risk a maximum fine of £1,000, which rises to £2,500 for the driver of a bus, coach, or heavy goods vehicle.
Does that mean it is safe to make and receive hands-free calls?
While it is not illegal to use a hands-free mobile phone while driving, hands-free calls are also distracting and drivers should be aware that they still risk prosecution for failing to have proper control of their vehicle.Is it illegal to use a hand-held phone while stationary?
Under existing law a person may be regarded as ‘driving’ if the engine is running – even if the vehicle is stationary. Hand-held phones should not therefore be used at traffic lights or during short hold-ups.
What’s the definition of hand-held and hands-free phones?
A hands-free phone is one that is attached to fixed speakers and does not require the operator to hold while in use. However many hand-held phones now come with kits to give them some level of hands-free use. The legislation therefore covers the way in which a mobile phone is being used whilst driving. A driver is liable for prosecution if he is holding a mobile phone to send or receive any sort of data – be it voice, text, image or Internet access.
Does the legislation only relate to mobile phones?
No, any hand-held electronic device being used to access voice, text or pictorial images is also prohibited.
Are there any exemptions?
If a driver is found to have used a hand-held device in a genuine emergency where it would have been unsafe to stop the car, he may be exempt from penalty. Additionally the use of “press to talk” 2-way radios used by haulage drivers, taxi drivers and emergency services in contact with base stations is also exempt.
Can an employer also be prosecuted?
Yes, employers are liable for prosecution if they require employees to commit an offence (i.e. if they require them to use hand-held phones while driving). Furthermore anyone “causing or permitting” an offence to take place, such as allowing a driver to drive without proper control, is also liable for prosecution. However employers are not liable for prosecution simply by supplying a hand-held mobile phone or by phoning an employee while he or she is driving.
Operating a mobile phone whilst driving
Operating a mobile phone while driving may reduce concentration and effectiveness, and the distraction of using a phone may contribute to the likelihood of an accident. The Government has therefore introduced new legislation.
What should an employer advise?
Employers should not expect employees to use hand-held phones whilst driving. And in light of the new legislation, it is in everyone's interest to advise drivers of the legal situation and recommend that they never use a hand-held phone while driving. Employers should also issue guidelines that state that the only safe way to use a mobile phone in the car is to:
- Switch the phone off while driving and let it take messages
- Or leave the phone switched on and let it go to voicemail
- Find a safe place to stop before picking up the messages and returning calls
- Ask a passenger to deal with the calls
- Limit outgoing calls to emergency use and when it is safe to do so
- Use voice activation when making outgoing calls
- Tell all incoming callers that he/she is driving and to keep the call short
All endeavours are made for the information to be accurate, however we hold no responsibility for accuracy, all customers are responsible for seeking their own advise on current legislation.
