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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....