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London Low Emission Zone

Exemption for Mobile Concrete Batching Plant / Volumetrics

On Monday the 9th January 2012, the Batched on Site Association was informed that it had satisfied Transport for London that a Mobile Concrete Batching Plant/ Volumetric was exempt from the London Low Emission Zone charges.

The BSA had previously instructed Jared Dunbar, of Dyne Solicitors Limited, to prepare written representations on behalf of current member, Trenchco Limited, setting out why the Mobile Concrete Batching Plant came within the class of exemptions.

It is presumed that all Mobile Concrete Batching Plant will now qualify for the exemption. However, members will need to formally submit an application form to Transport for London before their respective Mobile Concrete Batching Plant will be entitled to the exemption. Members are also advised to enclose a copy of the written representations relating to the Trenchco Mobile Concrete Batching Plant. Failure to apply may leave members liable to a daily £200 charge for entering the Zone.

For details of how to register for the exemption, please contact Jared Dunbar (BSA coordinator).

© Dyne Solicitors 2012. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Solicitors4Transport

www.solicitors4transport.co.uk is our new website devoted 100% to Operator Licensing issues. Please feel free to check it out on www.transport4solicitors.co.uk .

John Dyne, MD, Dyne Solicitors Limited.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk © Dyne Solicitors 2012.

While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Alex Sandland a Commercial Litigation and Dispute Resolution Specialist joins Dyne Solicitors in January 2012.

1. Hi Alex! So you’ve decided to joining the award winning team at join Dyne Solicitors (DSL)! What prompted your decision?

The proximity and variety of lunch options in Tattenhall was very compelling! I had also heard many excellent reports about the work undertaken at DSL. I was
persuaded by the opportunity to apply my experience and skills to a growing practice with an exceptional reputation. After early discussions it was clear that we
were a good fit!

2. What role will you be taking up at DSL?

I shall be heading the Litigation and Commercial Services Department as Director
and senior solicitor. I am also excited to be joining the Management Committee in
steering the firm through its development and expansion.

3. It seems all lawyers need to specialise these days; how do you spend
your time?

I am principally a litigator specialising in civil and commercial disputes. I spend my
time winning cases!

4. And what sort of cases do you most enjoy handling?

I particularly enjoy complex and unusual cases - and especially where the
odds are stacked against the client. I have experience in contractual, property
and commercial disputes and I am also able to advise in matters relating to
insolvency, negligence and contested Estates.

5. How would you describe your client ethos?

I am committed to the expectations of the client and I always conduct my cases
with the ultimate objectives in mind. I prefer a direct and proportionate approach
to litigation and I believe that the clarity of the advice is paramount. There is no
room for blagging clients - any case must be dealt with in a cost-effective and
efficient manner. In today’s world - confidence is a luxury that clients expect.

6. What tips can you provide to a business thinking of using a lawyer?

It is unfortunate, but inevitable, that businesses will often become distracted
by the nuisance of the law. If you are thinking of using a lawyer then you will
definitely need one. We are here to help and we are committed to the long-term.
It is in our interests to look after you - whether you require pro-active,
preventative measures, re-assurance or even a sledgehammer for the nut.
Talk to us. Early, effective and specialist advice will ultimately save you time,
money and headaches.

7. Is there anything businesses can do to prevent commercial disputes
arising in these uncertain times?

Seeking advice at an early stage will increase the prospects of achieving a
prompt and less-expensive outcome. DSL are positive in encouraging mediation
and negotiation. Businesses should not forget that favourable Terms and
Conditions and ongoing compliance are essential. Also, the effect of a simple,
well-considered and carefully drafted letter, on headed paper, should not
be underestimated.

8. Finally, when you’re not spending your days as a lawyer, what else do
you like to do?

The midnight oil burns bright at DSL. There is no time for play! In the minimal
spare time available I enjoy racking up runs and taking wickets at Tattenhall
Cricket Club. I also share the pain of many other Aston Villa fans through every
season which is always littered with promise but eventually disappoints. Aside
from my legal and sporting chores, I sometimes get time to see my wife and
children for some dinner and TV!

DSL’s Head of Property and Renewables, Clare Simmons, takes a measured
look at some of the current changes affecting the renewable industry.

Few will have escaped the headlines at the end of last month announcing the halving of the Feed In Tariff rate for small scale solar PV generation. By reducing the payments from 43p per kWh to 21p, the effective rate of return for most domestic or agricultural scale installations has extend payback times to nigh on 20 years – not far off the average lifespan of the equipment. Predictably, the companies which install the equipment are outraged. There has also been a degree of schadenfreude in the press that the middle classes with money to burn are no longer able to enjoy a guaranteed return on investment of circa 8% per annum, at a time when the average savings investment rate is less than half that figure. And certainly there is the legitimate point that all consumers, including those who are least well off, are paying for these subsidies in a levy on the electricity bills they pay.

But it is more interesting to ponder what this government decision means for the
renewables industry as a whole. For while nearly everyone expected the FIT levels to drop in April, the amount of the decrease and the speed did take the industry by surprise. Indeed the “consultation period” for the change ends on 21st December, 9 days after the changes come into effect! “Foregone conclusion” screams the industry.

With the timescales involved in designing installations, ordering equipment, shipping, installing, connecting and processing the paperwork taking months, the period of 6 weeks from announcement to cut-off date has left would be customers having entered into contracts which will produce far lower rates of return than they feel were promised to them at the date of signing. It is not surprising therefore that this short period is one of the grounds for a judicial review being brought by a consortium of solar providers.

Another perspective is that of employment. The solar sector has been booming. Yes, a proportion of that is artificial given the high levels of subsidy, but the effect on jobs is non-negligible. The industry currently employs 25,000 people and that in turn generates tax revenues and a decrease in state dependency. Many of these installers have re-trained in this sector following the slump in the construction industry and spent considerable time and money showing the sort of resourcefulness praised by governments of all colours. What now for them? And who, in the future, will be willing to invest in emerging sectors when policy shifts so abruptly?

The question as to the effect of the change in policy on those less well off in society is also not as clear as the Government has at times made out. Certainly the levy on the energy costs weighs proportionately more on those who are the most vulnerable; the elderly, the young and the sick. But the high levels of subsidy have enabled the expansion of so-called “rent a roof” schemes. Under such schemes, for no capital outlay, housing associations or householders have been able to use the free electricity generated PV panels, with the installer taking purely the subsidy as its return. The drop in the subsidy will mean that such opportunities are lost as installers withdraw from the market. While as a lawyer I have my concerns about the form of many such leases, they do offer those who are less well off a means of reducing their electricity bills.

Lest it be said that this article conflates what is happening in the solar industry with the whole of the renewables sector, I should also mention a recent decision in Norfolk in which the Environment Minister, Caroline Spelman, has withdrawn £16 million of PFI funding to a proposed Energy from Waste plan, in direct opposition to the current aims of her department which remain “to support the role of energy recovery from waste within the waste hierarchy and aim to improve understanding of this role.” Add to that the resistance of other local Conservative MPs, and those companies who took the risk of tendering for the project and taking it through the tortuous planning and permitting process are likely to be thinking twice before tendering for similar schemes.

Then again, EU requirements forced the government to reduce its proposed large-scale Renewable Heat Incentive rates from 2.7p/kWh to 1.0p/kWh, and delayed implementing the scheme, again denting consumer and business confidence. Many are hoping this that the scheme is only delayed and not effectively killed off. Chris Huhne, at the recent Renewables UK Conference held in Manchester said he wanted to look at what the Government can to do encourage the growth and jobs created by renewable energy. Well, let’s see.

For more information on how the changes might affect your home
or business, please telephone Clare on 01829 773 103 or e-mail her at
cls@dynesolicitors.co.uk.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk © Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Load security under the Spotlight in the Republic of Ireland.

It is clear from recent reports by the RSA that load security is a continuing problem, and, unfortunately many of these incidents result in serious injury or, on occasions, fatalities. Currently each such event is likely to be the subject of an investigation by officers of the Health and Safety Executive (HSE) and an employer might find that he is facing not only a general criminal prosecution but also a prosecution under the health & safety legislation; a situation which could result in substantial penalties if not imprisonment.

The traditional assumption in the transport industry is that a driver will have acquired sufficient knowledge about the ways to secure a load in the course of his work as a driver. In general terms this might be a fair assumption, but the fact remains that loads are lost because they were not properly secured an error which, on the face of it, would seem to be ‘driver error’.

The Safety, Health at Work Act however has dramatically changed the chain of responsibility with the result that, in the case of an insecure load for instance, it is the employer who will have to show that the driver had all the necessary equipment and training to enable the accident to be avoided.

The employer will have to be able to show that such equipment as ropes, straps, tensioners, chains and Stilsons, are routinely checked at appropriate intervals. The rope that is commonly used in the industry is 10mm split-film polypropylene rope. This rope will resist water, oil, and dirt with the result that it may be useable even if it looks to be in a desperate state. It does, however, deteriorate, and, of course, it has a maximum safe loading. A driver must be sufficiently aware of the strengths and weaknesses of the rope
that he is given to use to secure a load so that he can reject a rope that might appear to be unsafe.

Nylon straps, which are normally used with a tensioner, should have the maximum safe load displayed on them. A driver must know what the maximum safe loading is and an employer must ensure that that information is available. Straps can be very susceptible to cutting and it is important to ensure that they are not being passed over a sharp edge. An employer must be able to show that drivers are aware of this and, where necessary, that they are provided with edge protectors.

Tensioners, of course, rely on ratchets and, once they get worn they can slip and release the tension. Many load losses are the result of a loss of tension in the securing ropes or straps. Drivers must be encouraged to look for signs of wear, and, perhaps more importantly, not to use defective straps. Chains are only suitable for certain types of load, as, when tension is applied they can easily cause damage. Chains should always have a safe load rating and drivers must know where to look for this information. ‘Stilsons’ will slowly wear in use and they should not be used if there is any indication that a ratchet may not hold.

It is also important to remember that loads inside ‘curtainsiders’ may not be secure. In the first instance the operator should ascertain what weight the curtain will withstand in the event that the load is thrown against the side. Light cartons may present no problem, but heavier items will normally need to be secured to the vehicle.

It may well be difficult to persuade an experienced driver that he has anything to learn about load security but, as with many health and safety issues, it is the employer who will have to explain how the insecure load could have occurred and it will never be sufficient for the employer to say that he relied on the skill of the driver unless he can show that he had reason to be satisfied that the skill was sufficient.

Yet again, therefore, it is a question of training. Training of this sort need not take any great length of time but the trainer must be competent, that is to say sufficiently experienced, and above all else there must be a written record of the fact that training was given. There should also be purchase records for the ropes, straps and chains and there should be a system of routine checks, these checks being recorded.

To discuss load security in more detail, contact the Transport Team at Dyne Solicitors on 01829 773 100.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk © Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Imminent changes to rules on operator licensing for hire or reward operations.

The rules on operator licensing are based on an existing EC Directive that will be replaced by a new EC Regulation with effect from 4 December 2011. This Regulation makes a number of changes to the rules on operator licensing for transport managers and hire and reward operations.

This article is primarily aimed at Skip Operators and I won’t attempt to cover every aspect of the EC Regulation but will draw attention to some noteworthy changes, particularly for transport managers. Whilst some in the waste industry operate vehicles on a ‘restricted’ licence basis and do not need a nominated transport manager many need the flexibility of a hire or reward ‘standard’ licence and as a result they will be directly affected by these changes.

The aim is for there to be a uniform, modern and effective set of rules across Europe that promotes fair competition. However, I’m not sold on this simply because fair competition through uniform regulation only works if there is consistency in enforcement. If all member states enforce the regulations in the same way as here in the UK then all right. However that simply isn’t the case and here in the UK we could certainly teach some EU Members a thing or two about enforcement; and so therein lies the trouble with regulation in the UK.

Since September 2011 questionnaires have been raining down on operators. This obligatory census heralded the first hint many will have had of the changes in the rules concerning hire or reward operations and transport managers.

The questionnaire is all about intelligence gathering albeit packaged innocuously as a means of ensuring details of the nominated transport managers are up to date and to gather some extra information about them. The reality is information on transport managers and operators is going to be shared between EU Member States. Is there anything to be done about it? No, absolutely nothing, unless you decide to operate outside the system which would of course be illegal or you downgrade to a restricted operation. Again, the EU Regulation only applies to hire or reward operators so non-hire or reward (Restricted) operators are spared.

Behind all this intelligence gathering lies the new power for a Traffic Commissioner to direct regulatory action against a transport manager and to potentially declare him or her ‘unfit’. This declaration of unfitness would be entered into the UK national register of operators and the declaration would be shared with licensing authorities in other Member States. In other words an EU wide ban would be imposed until the transport manager’s repute was restored.

Transport managers are to be categorised as ‘internal’ or ‘external’. An ‘internal’ transport manager will have a genuine link to the operator being a full or part time employee, director or owner. An ‘external’ transport manager will be a person under contract to an operator on a part time basis and who will only be permitted to work for a maximum of 4 operators with a combined total fleet of 50 vehicles (although Traffic Commissioners could set lower limits in individual cases). This requirement could really bite those operators who hire in consultants as their nominated transport managers. Imagine, overnight, your ‘external’ transport manager becoming non compliant because of a breach of the 4/50 rule!

National CPC will be abolished from 4 December 2011. All new examinations will be required to test knowledge of both national and international operations However, national CPCs issued before that date will remain valid indefinitely and holders wishing to update to an international CPC will continue only to be required to pass an additional international module of the CPC examination.

The rules regarding grandfather rights are changing too. Grandfather rights will only be granted to individuals providing proof that they have ‘continuously managed’ a road haulage undertaking or a road passenger transport undertaking for the period of 10 years before 4 December 2009. New claims for grandfather rights will not be permitted after 4 December 2013. An operator will need to ensure that their transport manager is able to provide evidence of his or her exemption. Transport managers who are currently on an operator licence through grandfather rights will maintain those grandfather rights and will be issued with new certification automatically (i.e. a new 'acquired rights' certificate). In addition, the Office of the Traffic Commissioners will keep a master list of acquired rights holders.

One major irritant of the new rules (only applicable to hire and reward) will be the requirement to be able to prove at all times that the operator has at least one vehicle specified on the licence. Prior to this change it was permissible for an operator to hold a licence yet have no vehicles in possession. Why change the rules? I suspect some perceived abuse of the licensing system lies behind this manoeuvring. Informal arrangements to hire or borrow a vehicle will not be sufficient and operators will need to either own the vehicle or it will need to be held under a hire purchase, hire / leasing or other formal arrangement. Operators will be required to self declare that they meet this requirement and if they are found to be in breach they will be liable to enforcement action. It appears Traffic Commissioners may exercise their discretion to allow a period of grace of up to 6 months for the operator to demonstrate compliance.

Finally for hire or reward operations the small trailer exemption is abolished. The exemption is still applicable to restricted operations so that a trailer with an unladen weight not exceeding 1020 kg won’t need to be included when calculating the 3.5T combination plated weight limit.
If you are worried or concerned about anything you have read in this article or you need help or assistance with your operator licence please get in touch.

John Dyne LL. B MinstTA
Dyne Solicitors Limited
Specialists in regulatory law.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk © Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Corporate manslaughter case:

£385,000 fine for Cotswold Geotechnical Holdings.

Mr Justice Field said the gross breach of the company's duty was a "grave offence".

The fine marked the gravity of the offence and the deterrent effect it would have on companies to strongly adhere to health and safety guidance.

'It may well be that the fine in the terms of its payment will put this company into liquidation. If that is the case it's unfortunate but unavoidable. But it's a consequence of the serious breach.'

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk © Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Cabotage - unfair competition or an unnecessary obstacle to free trade?

Cabotage laws changed in May 2010 and this was heralded as providing a fairer more workable system.

Cabotage is essentially the carrying out of domestic haulage within one EU Member State by a foreign based operator. 

A foreign haulier is permitted to enter the host Member State with a laden vehicle but once the load has been delivered, the haulier is only allowed up to three cabotage operations within seven days (from the last unloading of the incoming international transport). The onus is on the haulier to provide evidence that they are operating within the meaning of the cabotage rules and are not engaged in a permanent or continuous activity. This is a more restrictive regime than the one it replaces, but the idea is for there to be consistent standards which will be easier to enforce across the EU and reduce unfair competition. It appears that VOSA has yet to produce any guidance on Cabotage and at least in some respects other published guidance we have seen appears to have some interesting interpretations of the rules. 

VOSA enforces the cabotage rules in the UK and since the new rules came into force VOSA includes cabotage compliance as part of their roadside checks of foreign trucks to ensure that they are not carrying out UK domestic haulage work illegally. Drivers breaking the EU cabotage rules will be issued with a fixed penalty of £200 at the roadside. This may be an effective deterrent in the context of general haulage but it is deterrent of questionable value in the context of high worth abnormal load projects such as the delivery of turbines, blades and towers to wind farm projects. If the value of a project is high, the risk of detection is low and the punishment relatively inconsequential, it must surely be a commercial risk worth taking for some operators? It does appear however that VOSA is considering other sanctions such as impounding vehicles it catches flouting the rules.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk © Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Corporate Manslaughter and Homicide Act 2007:

The Times, 16/02/11 – Cotswold Geotechnical Holdings Ltd has become the first company to be convicted under the new regime. Sentencing on 17th February 2011.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only. It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Yes Mobile Batching Vehicles are Plant

5th May 2010:

Dyne Solicitors successfully appealed a decision of Liverpool Magistrates Court ending many months of uncertainty for the mobile batching plant industry, represented by the Batched on site Association (BSA). Mobile Batching Vehicles (sometimes called volumetric trucks) fall within the definition of engineering plant. This means that the Construction and Use Weight Restrictions do not apply and such vehicles are permitted to operate to their design weights.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2011. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

 

Operator Licence Compliance & Drivers Hours update

　

Operator Licence Compliance & Drivers Hours update, plus insecure loads and drink & drugs prevention policies

Friday 17th July 2009

You are invited to join our team and other directors, managers and supervisors from your industry at our workshop on Friday 17th July 2009. Anyone involved in the operation and management of commercial goods vehicles is strongly recommended to attend.

We will explore the latest legal position on the duties and obligations relating to operator licensing and load security, cover driver’s hours and provide practical advice essential for compliance. As transport professionals, the management of drink and drugs in the workplace should be a major concern and we will also explore this issue with practical advice and solutions.

　Venue: Dyne Solicitors Limited, Tattenhall (Nr Chester)

10.45 Registration and coffee

11:00 – 12:30 Operator Licensing/Insecure Loads

12:30 – 13:30 Lunch - Thai Restaurant

13:45 – 15:30 Drivers Hours/Managing Policies for Drugs/ Drink-Driving and Related Employment Law Issues

The workshop will cover topics including:

• the legal duties of a nominated transport manager

• the significance of the undertakings and obligations given to the Traffic Commissioner by a licence holder

• tried and tested methods to ensure the transport operation remains fully compliant with these undertakings and obligations

• load security offences

•simple steps to reduce the risk of prohibition notices, prosecutions and convictions related to insecure loads

• Drivers Hours requirements

• Drink and drugs in the workplace and employers’ responsibilities, including health and safety and occupational driving policies.

This workshop includes an ample opportunity for questions and answers, in a relaxed atmosphere. It is suitable for CPC holders, as well as those without the CPC qualification, and for restricted as well as standard national and international licence holders.

Our goal is to provide practical solutions, to give you the information and knowledge you need to achieve compliance, along with techniques for handling potential problems. Easy to follow manuals written by us and handed out at the workshop will reinforce the key issues discussed. We will also send out certificates of attendance to each participant, for inclusion in personal training portfolios. We guarantee you will benefit from this Workshop, which from a cost benefit analysis is an absolute bargain.

Light refreshments and a quality lunch at our local Thai Restaurant will be provided.

Booking fee £95 per person. Contact Jenny, Nicky, Miranda or Katharine on 01829 773 100 to reserve your place (numbers limited)

End of waste... not really just kidding!

Waste not want not? The Revised Waste Framework came into force on 12th December 2008 with aims to take the EU closer to becoming a ‘recycling society’ promoting the use of waste as a resource. The Directive clarifies and rationalises EU legislation on waste and points towards a step change in acknowledging that it is possible for substances to move in and out of the classification of waste.

One of the main introductions to the Waste Framework Directive relates to the establishment of criteria for meeting an ‘end of waste’ status. Certain waste can cease to be waste when it has undergone a recovery operation (which includes recycling) and complies with specific criteria in accordance with the following conditions

• it is commonly used for specific purposes
• a market or demand exists for it
• it fulfils the technical requirements for the specific purposes and meets the existing
• legislation and standards applicable to products; and
• its use will not lead to overall adverse environmental or human health impacts.

Possible categories of waste for which ‘end-of-waste’ specifications and criteria should be developed are, among others, construction and demolition waste, some ashes and slags, scrap, metals, aggregates, tyres, textiles, compost, waste paper and glass. Energy efficient waste incineration is also classed as a recovery operation within the meaning of the Directive.

The revisions to the Directive are certainly more industry friendly in that it introduces a new approach to waste management that encourages the prevention of waste with landfill disposal listed as a ‘last resort’. All Governments and Local Authorities must apply this approach when developing policies. It remains to be seen how this legislation will impact on UK Enforcement Bodies but one thing is clear, litigation that a substance is not waste will be strengthened by the addition of a formal end of waste status.

If you have any queries or concerns over the new procedures then feel free to contact Kathryn Lucas, 01829 773 101 for an informal chat, or e-mail her at kjl@dynesolicitors.co.uk

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2009. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Apocalypse Now!

Many of you will have heard of the Proceeds of Crime Act or ‘POCA’. This legislation along with the Anti-terrorism, Crime and Security Act 2001 is often linked with the need to fight money laundering and combat the funding of terrorism. But as the Icelandic Government will attest the legislation can be used for wider purposes, even against friendly nations.

In October 2008 the British Government used so called ‘anti-terrorist’ legislation to freeze £7bn worth of British assets of the Icelandic Bank, Landsbanki. Reportedly, the Icelandic Ministry of Finance and Central Bank even found themselves briefly on the list of terrorist organisations published on the Web site of the British Treasury, alongside al Qaeda and the Taliban. These British Government measures not only created a diplomatic crisis but significantly worsened Iceland’s financial crisis. Iceland’s banking system and foreign trade collapsed.

Referring to the British move, Geir Haarde the Icelandic Prime Minister commented, in what must rank as the understatement of the century: “I told the chancellor that we consider this to be a completely unfriendly act.” Asked if the financial crisis engulfing Iceland had become a diplomatic crisis with Britain, Haarde added: “I thought so for a few minutes this morning when I realised that a terrorist law was being applied against us. That was not very pleasant. I’m afraid not many governments would have taken that very kindly, to be put into that category.”

Well the British Government’s actions clearly upset the Icelandic Government and caused financial turmoil, so how would you fare if similar legislation was applied against you? Recently a number of our clients have found themselves at the wrong end of such legislation. In one case criminal charges had not even been issued. Yet in all cases personal and business assets were placed under restraint to prevent such assets from being dissipated as a precursor to confiscation proceedings. In every case this has caused high anxiety, distress and extremely tough trading conditions. The Restraint Orders were made by Judges ‘behind closed doors’ acting on information and evidence produced by or for the Environment Agency. In other words our clients, who were on the receiving end, were in no position to challenge the making of the orders. In one case the evidence was fundamentally flawed but the damage was done. In another case property was restrained belonging to a completely innocent party. Hardly cricket now is it?

To level the playing field we have set up a specialist team to respond to the new tactics being adopted by the Environment Agency. Whilst we sincerely hope you never have to resort to us for legal assistance because of this ‘anti-terrorist legislation’ at least you know where to come if the balloon does go up.

A restraint order could be served on you ‘out of the blue’ but here are a few potential tell-tale signs of impending trouble:

• You have been interviewed under caution in relation to an alleged environmental offence(s)
• You have been charged with an environmental offence(s)
• You have been served with an enforcement notice(s)
• You have potentially benefitted financially from the alleged offence(s)
• Your bank behaves in an unexpected manner towards you and gives half baked excuses for its behaviour or stonewalls you
• A person or organisation with which you have had dealings (however innocent) becomes subject to POCA proceedings.

Some say if you don’t break any laws you have nothing to fear. But is it really that clear cut? Environmental issues are often highly complex. Interpretation of environmental law is often painfully so, particularly if the issue in question revolves around what is and isn’t ‘waste’. Environmental laws, like speeding laws, impose strict liability meaning that even if breaches are not the result of negligent, deliberate or reckless acts or omissions you will still be convicted. Likewise any individual, organisation or business carrying out activities regulated by UK Environmental Laws, however hardworking, well intentioned, decent or honourable, could potentially fall foul of POCA.

If you have any queries or concerns or regarding this subject matter then feel free to contact John Dyne or Kathryn Lucas on 01829 773 100 for an informal chat, or e-mail John or Kathryn at respectively at jbd@dynesolicitors.co.uk or kjl@dynesolicitors.co.uk.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2009. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Think before you drive...

From the 18th August 2008 careless or inconsiderate drivers who cause fatal accidents can face up to five years imprisonment. To be careless, the driving need only fall ‘below’ the required standard of a competent and careful driver.

Whether a momentary lapse lands you with just 3-9 points on your licence, a community order or even a term of imprisonment now turns on whether or not such lapse leads to a death. This is an extremely sobering thought because the consequences of careless driving can be extremely wide ranging and random. Previous sentencing policy put greater emphasis on the nature of the carelessness itself rather than the effect of such carelessness.

According to recently published sentencing guidelines, where the level of carelessness is low and there are no aggravating factors (i.e. no previous convictions for bad driving or the careless driving did not involve using a mobile phone), even the fact that death was caused will not normally be sufficient to justify a prison sentence. However, a fine is unlikely to be an appropriate sentence for this offence; and, where a non-custodial sentence is considered appropriate, this will normally be a community order.

The most serious level for this offence is where the offender’s driving fell not that far short of dangerous. Where the case is particularly serious there is considerable scope, within the 5 year maximum, to impose long sentences.

Disqualification from driving and endorsement are mandatory, and the offence carries between 3 and 11 penalty points when the court finds special reasons for not imposing disqualification. There is also a discretionary power to order an extended driving test where a person is convicted of this offence.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2009. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Futuresource 2009

Dyne Solicitors exhibited at the Futuresource event held at the Excel Centre, Docklands. Our 'how long is a piece of string' competion proved very popular and the lucky winner of £1,000 worth of legal work will be announced shortly...

Niche Law Firm of the Year Award

Dyne Solicitors was shortlisted for Liverpool Law Society's Niche Law Firm of the Year Award - the awards ceremony will be held on 27th June 2009 - see our website for details....

National Minimum Wage - October rises

National Minimum Wage (NMW) hourly rates will increase again from 1 October 2008. The new rates will be as follows:

• Standard (adult) Rate - £5.73 (rising from £5.52);
• Development Rate - £4.77 (rising from £4.60);
• Young Workers' Rate - £3.53 (rising from £3.40).

Where an employer provides a worker with accommodation, the cost of that accommodation can count, in part, towards the employer's liability to pay the NMW, but there is an upper limit on the amount that may be offset. This increased from £4.30 a day to £4.56 a day on 1 October 2007.

Agricultural workers are covered by the NMW, but may also be entitled to higher minimum rates of pay set by the Agricultural Wages Board.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Replacing the Current Work Permit Scheme with a Points Based System.

The Home Office has announced that employers currently employing migrant workers must apply for a sponsorship licence by 1 October 2008 if they are to continue doing so. In order to employ a skilled worker under Tier 2 or a temporary worker under Tier 5, an employer must have submitted its application for a sponsor licence by 1st October 2008.

The government is currently in the process of overhauling the entire UK immigration system and replacing it with a new “points-based system” (PBS). As part of this overhaul the work permit scheme is to be deleted and replaced with “Tier 2” of the PBS. A category called Tier 5 will also be introduced to deal with temporary workers. These changes will take place at the end of November 2008.

Under Tiers 2 and 5, if an employer wishes to employ migrant workers, it will first be necessary for it to apply for a sponsor licence. If a sponsor licence is granted, the employer will then be able to issue certificates of sponsorship to suitable migrant workers. These certificates will take the place of the work permits which are issued by the Home Office under the current system. The migrant worker may then use the certificate of sponsorship to apply for entry clearance (a visa) in their home country.

In order to apply for a sponsor licence it is necessary to submit an on-line application form together with a number of supporting documents. The applicant organisation may then be inspected by the Home Office.

Dyne Solicitors Limited can assist with all aspects of the sponsor licence application process. This includes completing the application form, helping you to compile appropriate supporting documents, advising you about preparing your organisation for a Home Office inspection and working with you to ensure that once a licence is obtained, it is not revoked due to lack of compliance.

Please feel free to contact us for more information about the sponsor licence system or application process.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Local immigration teams to be introduced across the UK

The Home Secretary, Jacqui Smith, has announced that new local immigration teams are being introduced across the UK, alongside Local Crime Partnerships with police, as part of a major refocus of the work of the UK Border Agency (UKBA). Around 7,500 UKBA officers and staff up and down the UK will be reorganized into 70-80 Local Immigration Teams and given a clear mission to focus on local immigration crime.

The Government's plans, set out in 'Enforcing the Deal', set a clear focus for the UKBA's work in Britain to target the removal from the UK of the most harmful people first. Reforms set out in 'Enforcing the Deal' include:
-from June this year, the UK Border Agency is naming and shaming employers who hire illegal immigrants;
-from summer this year the most serious business offenders will be targeted jointly by UKBA and Her Majesty's Revenue and Customs (HMRC) in a new intelligence sharing and joint targeting partnership which will come into force from July;
-employers having to apply for carefully policed sponsor licences to hire migrants;
-the creation of a joint investment and business plan between UKBA and the Serious Organised Crime Agency (SOCA);
-watch-lists of immigration offenders being shared with the Department for Work and Pensions (DWP), HMRC and the Credit Industry Fraud Avoidance System (CIFAS).

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Illegal Working – Do you know who your workers really are?

Do you know who your drivers or operatives really are? Recent legislation has introduced much more stringent penalties for employing illegal workers. The effect for most employers in the transport and waste management sectors is a likely need to revisit their procedures for checking that employees are not working illegally.

Under the Immigration, Asylum and Nationality Act 2006, which came into force earlier this year, employers who employ illegal workers could face a fine of up to £10,000 for each illegal worker they employ. They may also face criminal prosecution.

For these purposes, an illegal worker would be a person who does not have current and valid permission to be in the UK and/or a person who does not have valid permission to do the type of work the employer is offering.

If the employer does not know that the worker is an illegal worker, there is scope for establishing a "statutory excuse" against liability for payment of the civil penalty, provided that certain original documents are checked and copied before the employee starts work and follow-up checks are carried out (usually on an annual basis) if required. There is no legal requirement to carry out the checks, but employers will not be able to benefit from the "statutory excuse" if they fail to do so. It is therefore a good idea for employers to review their current arrangements for carrying out checks on employees. For example, employers should:

(a) familiarise themselves with the document lists available in guidance provided by the Border and Immigration Agency and make sure that they carry out the appropriate checks;

(b) consider updating any standard application forms, offer letters or separate  questionnaires currently in use to take into account the changes; and

(c) consider reviewing certain provisions in their employment contracts to give     themselves greater protection in this area.

Many employers complain that this area of recruitment is fraught with danger as applying inconsistent checks can lay the business open to a potential claim of discrimination from a disgruntled applicant. If you are in any doubt as to how to proceed then please contact our employment specialists here at DSL.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

New rights for agency workers

Employers should be aware that amending legislation will come into force on 27 October 2008 that will bring the statutory sick pay ("SSP") entitlement of short-term agency workers in line with that of all other employees in the UK.

In response to a recent decision of the Court of Appeal, the Department for Work and Pensions (the "DWP") has amended the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 to ensure that not just fixed-term employees but also agency workers on short term engagements of three months or less will be eligible for SSP (provided they satisfy the usual SSP eligibility requirements). The DWP anticipate that the amending legislation will benefit up to 63,000 agency workers.

The new measure is likely to be as unpopular with employment agencies as it is with their clients as increased agency costs will be need to be passed on.

Further rights in the pipeline…
In addition it has been agreed in relation to the proposed Temporary Agency Workers Directive that temporary agency workers should receive the same treatment as permanent workers from day one in terms of pay and maternity leave, unless it has been agreed collectively or at a national level to derogate from this. Temporary agency workers should also be informed about permanent employment opportunities and there should be equal access to collective facilities (e.g. childcare facilities). Any non-compliance by temporary agencies and end users is anticipated to result in penalties. We shall watch this space with interest to see how these proposals are integrated into national law.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Red Diesel - using vehicles off road.

As mentioned, in a previous feed there have been revisions to the excepted vehicle categories in Schedule 1 of the Hydrocarbon Oil Duties Act 1979. The most recent changes were effective from 1st April 2008. A vehicle that is not used on the public road and has no licence under the Vehicle Excise and Registration Act 1994 is an excepted vehicle (i.e. can be run on red). But if such a vehicle has become untaxed since 31 January 1998 it requires a Statutory Off-Road Notification (SORN). Such vehicles will be eligible to use red diesel if a SORN declaration has been made. Unlicensed vehicles that do not require a SORN will continue to be able to use red diesel without a SORN declaration if kept off-road.

This is not something new but does, in our experience, create confusion amongst operators using vehicles off road. Worryingly, HMRC appear to be adopting a zero tolerance approach!

The message is if you are using a vehicle off road and want to be eligible for red diesel (a) make sure it is unlicensed and (b) make sure you submit a SORN for the vehicle. Do not take the vehicle on a public road unless (a) you license it first and (b) its use falls within one of the available exemptions covering on road use. Such exemptions are now rather more limited than they used to be so we suggest you tread carefully and seek advice.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

The meaning of waste - the debate continues

The question of whether a material or substance is waste or not is, to say the least, troublesome. The European Commission has published an ‘Interpretive Communication’ to assist with whether or not something is waste or a non-waste in the context of production processes – the distinction between products, production residues and by-products is discussed in the Communication. The concern of the Commission is that currently the lack of consistency in decisions of National Courts on similar facts as well as the excessively wide interpretation of the definition of waste is imposing unnecessary cost on businesses and is furthermore reducing the attractiveness of materials that would otherwise be reutilised.

This is of course something our waste recycling clients have been complaining about for years. After the recent decision in the OSS case will the Environment Agency take a leaf out of the Commissions’ book and modify its own stance on what is and isn’t waste. If some of the Environment Agency’s recent decisions are anything to go by this would not appear to be the case!

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

The importance of having a robust disciplinary regime for employees.

A number of small businesses avoid disciplining their staff for fear of legal action. Employers feel employment law and the Tribunal system is weighted towards workers, with employers feeling unable to discipline staff due to feeling legally underconfident. The importance of a well-defined disciplinary procedure cannot be over emphasised. With the correct systems in place employers should not feel afraid to use them.

A clear and effective disciplinary policy offers many benefits, including:

Clear guidelines for employee behaviour:

A straightforward, easy-to-understand disciplinary policy will tell your employees what you expect of them and what conduct you will not tolerate. Enforcing the policy in a uniform manner will show your employees that you take these rules seriously.

Good morale for other employees:

It’s true that the employee you discipline is not likely to enjoy a morale boost, but the rest of your workforce will. Other employees do not like to see a co-worker getting away with poor, unproductive behaviour. And, if a problem employee is allowed to misbehave without suffering any consequences, others in the workforce will soon realise that they can get away with unacceptable behaviour, too.

Protection against Employment Tribunal Claims:

If you clearly inform your employees of the consequences of poor behaviour and enforce your policy fairly, you will be able to take appropriate action with confidence. It will be more difficult for an employee to argue that his or her dismissal was unfair if you can show that you told your employees what conduct would result in discipline, and that this particular employee had been subject to prior disciplinary action.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Think before you drive!

From the 18th August 2008 careless or inconsiderate drivers who cause fatal accidents face up to five years imprisonment. To be careless, the driving need only fall ‘below’ the required standard of a competent and careful driver. Whether a momentary lapse lands you with just 3-9 points on your licence, a community order or even a term of imprisonment now turns on whether or not such lapse leads to a death.

This is an extremely sobering thought because the consequences of careless driving can be extremely wide ranging and random. Previously sentencing policy put greater emphasis on the nature of the carelessness itself rather than the effect of such carelessness. According to recently published sentencing guidelines where the level of carelessness is low and there are no aggravating factors (i.e. no previous convictions for bad driving or the careless driving did not involve using a mobile phone) even the fact that death was caused will not normally be sufficient to justify a prison sentence. However a fine is unlikely to be an appropriate sentence for this offence; and, where a non-custodial sentence is considered appropriate, this will normally be a community order. The most serious level for this offence is where the offender’s driving fell not that far short of dangerous.

Where the case is particularly serious there is considerable scope, within the 5 year maximum, to impose long sentences. Disqualification from driving and endorsement are mandatory, and the offence carries between 3 and 11 penalty points when the court finds special reasons for not imposing disqualification. There is also a discretionary power to order an extended driving test where a person is convicted of this offence.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Occupiers’ Liability – Are you an Occupier?

Most landowners are aware that they can be held responsible for people who enter onto their land and injure themselves.

The standard expected from landowners varies – a private landowner does not have to take as much care to protect an adult trespasser, particularly when the danger is obvious, as a public authority does to protect a child playing in its playgrounds.

However, all landowners need to be aware that the duty does not coincide neatly with land that they legally own – they have duties in respect of land that they occupy. In some cases there may be more than one occupier, and if you exercise rights over land that does not belong to you, you should consider whether that duty applies to you.  As always, if you have any doubts, please contact us.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Employment issues

Claims against employers for racial discrimination in the workplace are certainly on the increase if our current workload is anything to go by. Knowledge of equality law is of particular importance when employing workers from EU member states, e.g. Eastern European drivers. There is an alarming trend in the haulage and skip operating industry of the absence of employment contracts, which leave employers open to (often spurious) claims by workers of discrimination in the workplace. It is essential that terms and conditions of employment be laid down at the outset of employment so that each party is aware of its respective obligations.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Dangerous Goods Safety Advisor (DGSA)

UK and EU Regulations require individuals and organisations engaged in the carriage of dangerous goods, which fall into scope, to appoint a DGSA (by Road or Rail).

The regulations affect small, medium and multi-national business, for example hauliers, warehouse keepers and chemical and petroleum plants.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Losing your Operator Licence is Purely Voluntary

Losing your Operator Licence is Purely Voluntary The disciplinary issues I frequently have to contend with on behalf of clients are maintenance-related. When I compare the standards expected by Traffic Commissioners when I did my first disciplinary public inquiry 15 or more years ago to the standards of today, it is clear the requirements are far stricter than they used to be. I am unofficially told that the motivating factor is ensuring vehicles do not break down and cause congestion. Congestion on our roads is a major issue for the Highways Agency which has conducted considerable research into the issue. What is to blame? Yes, of course, HGVs, especially the larger and slower moving ones. Losing an Operator Licence is something that is entirely voluntary. The best way to lose a Licence is to operate more vehicles than you are entitled to, fail to regularly inspect your vehicles, have no systems in place for driver daily checks, operate overloaded vehicles, permit drivers to breach EU Drivers Hours legislation etcetera. We run regular Operator Licensing Compliance Seminars, which explain the requirements of operator licensing and I commend this seminar to anyone who operates HGVs as well as to CPC holders and Transport Managers. John Dyne, Director

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Red Diesel - What's in your tank?

There has been a wholesale review of what types of vehicles are entitled to use rebated fuel.

An example of this is the sweeping away of the road construction exemption and replacing it with an altogether more restrictive regime. If you are running road-going vehicles on red diesel, now would be a very good time to review the legality of what you are doing.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

BWEA Annual Conference

We will be exhibiting at the British Wind Energy Association’s 30th Annual Conference at ExCel London, the UK’s leading renewable energy event, which will feature more than 150 exhibitors active in wind, wave and tidal energy and over 100 speakers.

If you want to do business in renewables in the UK, you must attend this event.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.

Waste on the road

Envirolink Northwest’s Waste and Recycling Team is once again teaming up with CIWM to hold an Event for the Recycling and Waste Industry. Dyne Solicitors is sponsoring this event and John Dyne will be speaking about operator compliance and Kathryn Lucas (Dyne Solicitors) will be speaking about key employment law issues.

Venue: Warrington Wolves Platinum Lounge, Warrington.

Time: Friday 3rd October 2008. 9.30am – registration with refreshments, 10.00am-3.30pm – seminar and questions.

Comment:

Recent discussions with industry professionals highlighted the interdependence of transport and good waste management. From kerb side collections of municipal waste to long distance haulage of commercial waste for reprocessing, transport is an integral part of the industry. No industry faces such a significant transport challenge; massive volumes of low/no value material with materials ranging from inert demolition waste to hazardous waste.

Dyne Solicitors Limited - 01829 773100, info@dynesolicitors.co.uk

© Dyne Solicitors 2008. While we make every effort to ensure the information contained in these RSS feeds is correct at the time of writing, Dyne Solicitors Limited cannot accept any liability for any proceeding, loss, claim, damage or expense (whether direct or indirect) arising in connection with these RSS feeds.This RSS feed is provided for general information only and applies to England and Wales only.  It is not intended to constitute legal advice and should not be used as a substitute for legal advice.