I have decided to do a quick summary of the main changes introduced by the Department of Infrastructure in the wake of this pandemic. Things have been coming at us thick and fast and in drips and drabs.
It seems the dust has settled so this is where we are at.
Two time scales are important to note:
· For tachograph relaxations – April 16th or April 2nd.
· For operator licencing – 4 months from when you invite the TRU to make a finding (more on this below).
The following areas are subject to possible relaxations/exceptions:
1. Operator licencing;
2. General supermarket-type deliveries (excluding house deliveries);
3. Home deliveries for vehicles under 3.5tonne; and
4. Fuel deliveries.
1. Operator licencing
This is the most technical aspect. I am hoping this does not arise for many operators, but the TRU and the Traffic Commissioners in GB are to be commended for their forward-thinking in this regard. The periods of grace are relevant in three areas:
1. Operating centres;
2. Financial standing; and
3. Professional competence.
Operating centres
If you are unable to access or effectively use the operating centre specified on your licence, the TRU will give ‘serious consideration’ to a period of grace for 4 months. You will need to inform the TRU as to where the vehicles will be parked for those 4 months.
Do note that there must be a restriction imposed during the outbreak. You cannot engage this period of grace due to economic efficiency (parking the lorries near a supermarket you are subbying for etc.). As such, this will only arise in very limited circumstances.
There is a statutory maximum of 6 months so a further 2 months can be added if absolutely necessary.
Financial standing
The biggest reprieve granted here is the reliance on a previous finance check which satisfies the prescribed sums within the last 12 months. For standard licences this is £8,000 for your first vehicle and £4,450 for each thereafter.
Also, formal accounts need not be submitted to satisfy this; internet accounts or copies of documents will suffice. A check on original formal documents will be undertaken at a later stage.
The TRU must be satisfied that:
· the operator is still solvent;
· there are no outstanding serious maintenance issues; and
· the attempted use of this period of grace is not to avoid responsibility for failures in compliance.
Similar to above, this period of grace will last for 4 months with a possible extension to 6 months.
Professional competence
Please note that this only applies to transport managers – not driver CPC.
If the transport manager develops acute symptoms, it may be necessary to grant a period of grace and take a pragmatic view on what is practicable in all the circumstances to meet the statutory duty.
This period of grace will be for 4 months with a possible extension to 6.
The wording of this relaxation appears to limit it solely to acute symptoms arising from covid-19.
How to avail of the periods of grace
Unlike the drivers’ hours relaxation, the granting of the period of grace in the operator licences is not unilateral – it must be approved by the Department.
You must apply to the TRU. They in turn, must make an adverse finding that you cannot demonstrate how you meet the operating centre, financial standing or professional competence requirements.
This appears to be a risky strategy but would be eminently sensible if you have valid reasons. Perhaps consult a solicitor before doing so.
The TRU have made it clear that if you do not have your house in order by the expiry of the period of grace, your licence will have to be revoked. Therefore, I suggest a candid compliance with this is best. If you do not play ball by not applying for an adverse finding and a period of grace, your licence will be revoked perhaps before the 4 months you could have been eligible for. There will always be another operator to take up the slack and use the relaxations mentioned above.
These offered periods of grace would have been unthinkable a month ago and it shows how flexible the Department are willing to be in order to keep things moving during this pandemic – they must be commended for this.
2. General supermarket-type deliveries (excluding home deliveries)
I covered this in more detail in a previous article (https://transport.law.blog/2020/03/18/sars-cov-2-relaxation-of-gb-tachograph-enforcement/). Do note that at the time of publication of that article, NI had yet to relax the rules. They now have and with identical rules.
This is a summary of those relaxations:
a) Daily drive limit to 11 hours (instead of 9s and 10s);
b) Minimum daily rest down to 9 hours (instead of being limited to 3 9s per week);
c) 96 hours of driving over the fortnight;
d) Instead of taking weekly rest after six 24-hour periods, you can start it a full week after your first shift (so 7 shifts instead of 6);
e) However, one regular and one reduced will still be required in a fortnight.
f) 5 hours driving allowed before taking a 45.
These are available until April 16th at 2359.
3. Home deliveries for vehicles under 3.5tonne
This specific relaxation will perhaps come as a surprise to many of those who benefit from it. Vans under 3.5tonne are caught by the rules from the Road Traffic (Northern Ireland) Order 1981 and the Vehicles (Drivers’ Hours of Duty) Regulations (Northern Ireland) 1991.
If you are delivering food, non-food (personal care and household goods) including over the counter pharmaceuticals, you are allowed an extra hour drive-time (an extension from 10 to 11 hours).
Please note that you must log this in your normal diary/logbook explain the reason for using the relaxation. This must also be signed each week by your operator.
These are available until April 2nd at 2359.
4. Fuel deliveries
This extends to drivers involved in the delivery of oil and solid fuel to agricultural, commercial and domestic consumers within NI.
It is the same relaxation as with supermarket-type deliveries (see above).
These are available until April 2nd at 2359.
P.S
I have sought further clarification from the Department in relation to the use of relaxation A and D together (the 11 hour driving day and the 7 day work week).
The Road Haulage Association is also confirming with the Department if gas deliveries are covered by the oil delivery exception.
Transport Law NI 