Dyne News
The Latest Legal and Industry News surrounding Transport, Waste, and Health & Safety
Furlough Scheme Extension & Changes
The Coronavirus Job Retention Scheme will continue until 31st October.
From 1st July, furloughed employees will be able to work part-time whilst still remaining furloughed and employers will be responsible for paying their wages for periods that they have worked. The government will continue to make furlough payments in respect of any part of their normal hours that a furloughed employee has not worked.
The scheme will close to new entrants on 30th June, meaning that from 1st July employers will only be able to claim in respect of employees who have been furloughed for a minimum period of three weeks before 30th June. This means that to be eligible for the flexible furloughing scheme, an employee not previously furloughed needs to be placed on furlough from 10th June at the latest until 30th June.
There will be a gradual tapering of the payments made by government for the periods when employees are not required to work under the furlough scheme:
To enable the introduction of part time furloughing, and to support those already furloughed back to work:
From 1st July, furloughed employees will be able to work part-time whilst still remaining furloughed and employers will be responsible for paying their wages for periods that they have worked. The government will continue to make furlough payments in respect of any part of their normal hours that a furloughed employee has not worked.
The scheme will close to new entrants on 30th June, meaning that from 1st July employers will only be able to claim in respect of employees who have been furloughed for a minimum period of three weeks before 30th June. This means that to be eligible for the flexible furloughing scheme, an employee not previously furloughed needs to be placed on furlough from 10th June at the latest until 30th June.
There will be a gradual tapering of the payments made by government for the periods when employees are not required to work under the furlough scheme:
- June and July: The government will pay 80% of wages up to a cap of £2,500 as well as employer National Insurance and pension contributions. Employers are not required to pay anything,
- August: The government will pay 80% of wages up to a cap of £2,500. Employers will pay Employer NICs and pension contributions,
- September: The government will pay 70% of wages up to a cap of £2,187.50. Employers will pay Employer NICs and pension contributions and 10% of wages to make up 80% total up to a cap of £2,500,
- October: The government will pay 60% of wages up to a cap of £1,875. Employers will pay Employer NICs and pension contributions and 20% of wages to make up 80% total up to a cap of £2,500.
To enable the introduction of part time furloughing, and to support those already furloughed back to work:
- From 1st July, employers will be able to agree any part-time working arrangements with previously furloughed employees,
- Employers will be required to submit data on the usual hours that an employee would be expected to work in a claim period, and the actual hours worked,
- When claiming the grant for furloughed hours, employers will need to report and claim for a minimum period of a week, to enable grants to be calculated accurately across working patterns.
Statutory Demands & Winding Up Petitions During the Pandemic.
The Corporate Insolvency and Governance Bill 2020 has been introduced to help struggling businesses by temporarily removing the threat of winding up proceedings where the debtor can argue that the unpaid debt is due to COVID-19.
Prior to the introduction of this temporary legislation, a creditor could serve a Statutory Demand upon a debtor company and upon no payment or appropriate response being received was entitled to presume that the criteria of Section 123 of the Insolvency Act 1986 was met i.e. that the debtor could not make payment of its debts as and when they fell due, and was therefore insolvent.
The Statutory Demand being unanswered provided the necessary springboard to a Winding Up Petition.
Now, creditors cannot use statutory demands to threaten that a company will be wound up if it does not pay what is owed. Any statutory demand made during the present emergency will be void.
Creditors are also prohibited from bringing a winding-up petition against the debtor company unless they reasonably believe that the company’s inability to pay its debts is not the result of coronavirus. If they do present a petition, the court will not will not make a winding-up order until the creditor demonstrates that the pandemic is not the reason the company cannot pay its debts.
In addition, the fact that the petition has been presented will not be advertised or publicised in advance of the hearing of the petition unless the court has concluded that it is likely that the pandemic is not the reason the company cannot pay its debts. A further protection.
The aim is to give businesses the opportunity to reach realistic and fair agreements with all creditors.
The provision applies to companies, Unregistered companies, Limited Liability Partnerships and Charitable incorporated Organisations. It does not apply to individuals.
Proceedings in the County Court are unaffected by this legislation. Parties can still issue County Court Claims in respect of unpaid debts and use the gamut of alternative enforcement options.
If you have any questions regarding the scope of the temporary changes or wish to discuss alternative options, please contact us 01892 773100.
Prior to the introduction of this temporary legislation, a creditor could serve a Statutory Demand upon a debtor company and upon no payment or appropriate response being received was entitled to presume that the criteria of Section 123 of the Insolvency Act 1986 was met i.e. that the debtor could not make payment of its debts as and when they fell due, and was therefore insolvent.
The Statutory Demand being unanswered provided the necessary springboard to a Winding Up Petition.
Now, creditors cannot use statutory demands to threaten that a company will be wound up if it does not pay what is owed. Any statutory demand made during the present emergency will be void.
Creditors are also prohibited from bringing a winding-up petition against the debtor company unless they reasonably believe that the company’s inability to pay its debts is not the result of coronavirus. If they do present a petition, the court will not will not make a winding-up order until the creditor demonstrates that the pandemic is not the reason the company cannot pay its debts.
In addition, the fact that the petition has been presented will not be advertised or publicised in advance of the hearing of the petition unless the court has concluded that it is likely that the pandemic is not the reason the company cannot pay its debts. A further protection.
The aim is to give businesses the opportunity to reach realistic and fair agreements with all creditors.
The provision applies to companies, Unregistered companies, Limited Liability Partnerships and Charitable incorporated Organisations. It does not apply to individuals.
Proceedings in the County Court are unaffected by this legislation. Parties can still issue County Court Claims in respect of unpaid debts and use the gamut of alternative enforcement options.
If you have any questions regarding the scope of the temporary changes or wish to discuss alternative options, please contact us 01892 773100.
Suspensions of Wrongful Trading Liability for a Company Director.
Wrongful trading occurs when a director of a company has continued to trade a company past the point when he "knew, or ought to have concluded that there was no reasonable prospect of avoiding insolvent liquidation";
Insolvency Act 1986 (ss. 214 and 246B IA86) imposes an obligation on a director to take every step to minimise potential loss to the company’s creditors.
The court may order a director who is found liable of 'wrongful trading' to make a personal contribution to the company’s assets, where the company is worse off as a result of the continuation of trading.
The purpose of attributing personal liability to a director for breach of the wrongful trading rules is to stop directors continuing to trade companies beyond the point of no return.
Consideration of these rule is often a trigger for directors filing for formal insolvency proceedings, i.e. to minimise the risk of incurring personal liability.
A director held liable for wrongful trading may also be subject to a disqualification order under the Company Directors Disqualification Act 1986.
The Corporate Insolvency and Governance Bill temporarily removes the threat of personal liability from directors who continue to trade a company through the present crisis.
For example, a restaurant has been forced to cease trading due to the crisis. Many employees are furloughed, but some kitchen staff are retained as a limited take away service is operating. Cleaners are still on contract. Quarterly rent is due in July.
The director has a difficult choice to make. Can he continue to trade, buy in stock etc, to keep the business ticking over at a base level and maintain customer relations, all with the hope of a full reopening? Or does he stop now?
Removing the threat of personal liability does not diminish the difficulty of the decision, but it does mean that a director can take steps without fear of the impact on himself and his family.
If you have any questions regarding the scope of the temporary changes or wish to discuss alternative options, please contact us 01892 773100
Insolvency Act 1986 (ss. 214 and 246B IA86) imposes an obligation on a director to take every step to minimise potential loss to the company’s creditors.
The court may order a director who is found liable of 'wrongful trading' to make a personal contribution to the company’s assets, where the company is worse off as a result of the continuation of trading.
The purpose of attributing personal liability to a director for breach of the wrongful trading rules is to stop directors continuing to trade companies beyond the point of no return.
Consideration of these rule is often a trigger for directors filing for formal insolvency proceedings, i.e. to minimise the risk of incurring personal liability.
A director held liable for wrongful trading may also be subject to a disqualification order under the Company Directors Disqualification Act 1986.
The Corporate Insolvency and Governance Bill temporarily removes the threat of personal liability from directors who continue to trade a company through the present crisis.
For example, a restaurant has been forced to cease trading due to the crisis. Many employees are furloughed, but some kitchen staff are retained as a limited take away service is operating. Cleaners are still on contract. Quarterly rent is due in July.
The director has a difficult choice to make. Can he continue to trade, buy in stock etc, to keep the business ticking over at a base level and maintain customer relations, all with the hope of a full reopening? Or does he stop now?
Removing the threat of personal liability does not diminish the difficulty of the decision, but it does mean that a director can take steps without fear of the impact on himself and his family.
If you have any questions regarding the scope of the temporary changes or wish to discuss alternative options, please contact us 01892 773100
Company Law Changes - COVID-19
Flexible measures until September 2020.
Annual General Meetings
The Government has recognised the difficulties that many companies face in the present crisis, where they have a legal obligation to hold Annual General Meetings (AGMs) and other meetings such as Member/Shareholder meetings. The requirement to meet conflicts with the present Government's social distancing legislation and guidelines.
Failure to hold certain meeting has legal consequences for those in senior positions in some companies.
In view of same for the next few months, companies and other bodies will be able to suspend shareholders' and members' ability to attend meetings in person and instead convene meetings in a flexible way using technology. Alternatively postpone the meeting.
For example an AGM is scheduled for July 2020. This is the deadline for the AGM. This can be postponed until any date in September 2020 and/or it could be held with a restricted number of participants communicating virtually from different locations.
Companies House Filings
The Government is extending the time for Companies to file accounts, confirmation statements and details of relevant events such as a change in appointment of directors and registration of company charges.
Companies require an extension to their accounts filing deadline should apply to Companies House.
If you have any questions regarding the scope of the temporary changes or wish to discuss alternative options, please contact us 01892 773100
Annual General Meetings
The Government has recognised the difficulties that many companies face in the present crisis, where they have a legal obligation to hold Annual General Meetings (AGMs) and other meetings such as Member/Shareholder meetings. The requirement to meet conflicts with the present Government's social distancing legislation and guidelines.
Failure to hold certain meeting has legal consequences for those in senior positions in some companies.
In view of same for the next few months, companies and other bodies will be able to suspend shareholders' and members' ability to attend meetings in person and instead convene meetings in a flexible way using technology. Alternatively postpone the meeting.
For example an AGM is scheduled for July 2020. This is the deadline for the AGM. This can be postponed until any date in September 2020 and/or it could be held with a restricted number of participants communicating virtually from different locations.
Companies House Filings
The Government is extending the time for Companies to file accounts, confirmation statements and details of relevant events such as a change in appointment of directors and registration of company charges.
Companies require an extension to their accounts filing deadline should apply to Companies House.
If you have any questions regarding the scope of the temporary changes or wish to discuss alternative options, please contact us 01892 773100
Possession Proceedings Update
As of 25th June 2020, Part 55 of the Civil Procedure Rules 1998 (CPR) are amended to insert a new, temporary rule which provides that possession proceedings and enforcement proceedings by way of a writ, or a warrant for possession, are stayed until 23rd August 2020.
The new rule, CPR 55.29, will apply to proceedings that were stayed immediately prior to 25th June 2020 or that are brought between 25th June 2020 and 22nd August 2020. A claim may still be brought even though it may be stayed.
It will not apply to:
It is business as usual if you are a landowner who has trespassers on your premises during the coronavirus lockdown.
The new rule, CPR 55.29, will apply to proceedings that were stayed immediately prior to 25th June 2020 or that are brought between 25th June 2020 and 22nd August 2020. A claim may still be brought even though it may be stayed.
It will not apply to:
- A claim against trespassers/persons unknown (to which CPR 55.6 applies);
- Proceedings under the interim possession order procedure;
- An application for case management directions that are agreed by all parties; and
- Any claim for the injunctive relief.
It is business as usual if you are a landowner who has trespassers on your premises during the coronavirus lockdown.
COVID-19 - Update on Changes to Road Transport Rules
Driver Qualification Card (DQC) Validity
DQCs expiring before 31st August 2020
The validity of DQCs that expire between 1st February 2020 and 31st August 2020 has been extended for 7 months.
If the expiry date on your card is within this period, you need to add 7 months to that date to calculate the new expiry date.
The extension will be applied automatically. You do not need to take any action. You must continue to carry your DQC.
DQCs expiring in September 2020
On 31st March 2020, the DVSA gave notice that, subject to review, enforcement action would not be taken against drivers from 1st September 2020 to 30th September 2020 if their DQC expired during this period. This would have allowed up to an additional 29 days to complete periodic CPC training, due to COVID-19 disruption.
As there are now enough periodic training courses available, this notice has been rescinded and enforcement action will be carried out from September in relation to DQCs expiring after 31st August.
If your DQC expires from 1st September 2020, you must not drive until it is renewed.
Find out what to do here: https://www.gov.uk/guidance/coronavirus-covid-19-temporary-changes-to-driver-cpc-requirements
The validity of DQCs that expire between 1st February 2020 and 31st August 2020 has been extended for 7 months.
If the expiry date on your card is within this period, you need to add 7 months to that date to calculate the new expiry date.
The extension will be applied automatically. You do not need to take any action. You must continue to carry your DQC.
DQCs expiring in September 2020
On 31st March 2020, the DVSA gave notice that, subject to review, enforcement action would not be taken against drivers from 1st September 2020 to 30th September 2020 if their DQC expired during this period. This would have allowed up to an additional 29 days to complete periodic CPC training, due to COVID-19 disruption.
As there are now enough periodic training courses available, this notice has been rescinded and enforcement action will be carried out from September in relation to DQCs expiring after 31st August.
If your DQC expires from 1st September 2020, you must not drive until it is renewed.
Find out what to do here: https://www.gov.uk/guidance/coronavirus-covid-19-temporary-changes-to-driver-cpc-requirements
Tachograph Calibration
Calibrations and Inspections Due Before 31st August 2020
All tachograph calibration and inspection certificates which are listed as expiring between 1st March 2020 to 31st August 2020, are extended by 6 months from the date the calibration was originally due.
All tachograph calibration certificates expiring from 1st September 2020 must be renewed as usual.
A special notice providing further information will be published in due course.
Tachograph Card Renewal
From 1st March 2020 to 31st August 2020, drivers who apply to renew their tachograph card no later than 15 days before their card is due to expire, can continue to drive until they receive a new card.
Drivers who apply for a replacement tachograph card within 7 days of their card being damaged, malfunctioning, lost or stolen, can continue to drive until they receive a new card.
In these situations, drivers with expired cards must record their hours in the same way as when their driver card is damaged, malfunctioning, or is lost or stolen. This is described here: www.gov.uk/guidance/drivers-hours-goods-vehicles/4-tachograph-rules
All tachograph calibration and inspection certificates which are listed as expiring between 1st March 2020 to 31st August 2020, are extended by 6 months from the date the calibration was originally due.
All tachograph calibration certificates expiring from 1st September 2020 must be renewed as usual.
A special notice providing further information will be published in due course.
Tachograph Card Renewal
From 1st March 2020 to 31st August 2020, drivers who apply to renew their tachograph card no later than 15 days before their card is due to expire, can continue to drive until they receive a new card.
Drivers who apply for a replacement tachograph card within 7 days of their card being damaged, malfunctioning, lost or stolen, can continue to drive until they receive a new card.
In these situations, drivers with expired cards must record their hours in the same way as when their driver card is damaged, malfunctioning, or is lost or stolen. This is described here: www.gov.uk/guidance/drivers-hours-goods-vehicles/4-tachograph-rules
Operator Financial Standing Update
The maximum grace period a Traffic Commissioner may give an operator to demonstrate renewed financial standing following a finding that the requirement has not been met has been extended from 6 months to 12 months. This only applies to assessments of inadequate financial standing made between 1st March 2020 and 30st September 2020.
The Senior Traffic Commissioner will issue an update to the existing Statutory Guidance and Statutory Directions on how this may be applied in due course.
The Senior Traffic Commissioner will issue an update to the existing Statutory Guidance and Statutory Directions on how this may be applied in due course.
Driver Attestation Update
The validity of driver attestations that expire from 1st March 2020 to 31st August 2020 have been extended for 6 months.
COVID-19 - Statutory Directions Updated
The Traffic Commissioners have updated their coronavirus (COVID-19) advice for transport operators.
The update, issued on 23rd June, details changes to legal issues including:
Financial Standing Periods of Grace
The maximum period of grace for financial standing that an operator can seek has increased.
The law has now been changed to increase the maximum to 12 months, with the Senior Traffic Commissioner suggesting an initial 6-month starting point, up from the previous 6-month maximum and 4-month starting point.
This extension applies to any determination made between 1st March 2020 and 30th September 2020, giving operators the opportunity to recover their finances during the extended period following the resumption of normal trading as the lockdown eases.
To view the STC's updated Coronavirus (COVID-19) Statutory Document, click here.
The update, issued on 23rd June, details changes to legal issues including:
- an increase to the maximum time given for a period of grace for financial standing an operator can receive from 6 months to 12 months
- return of in-person tribunal hearings from 6th July 2020
- information about requesting temporary variations to local bus services ahead of a return to normal services as lockdown restrictions ease
- virtual training
Financial Standing Periods of Grace
The maximum period of grace for financial standing that an operator can seek has increased.
The law has now been changed to increase the maximum to 12 months, with the Senior Traffic Commissioner suggesting an initial 6-month starting point, up from the previous 6-month maximum and 4-month starting point.
This extension applies to any determination made between 1st March 2020 and 30th September 2020, giving operators the opportunity to recover their finances during the extended period following the resumption of normal trading as the lockdown eases.
To view the STC's updated Coronavirus (COVID-19) Statutory Document, click here.
COVID-19 - Economic Impact on the Transport Industries
In a letter addressed to Secretary General of the United Nations, the Secretary General of the IRU, raised issues regarding the economic impact of COVID-19 that poses a big risk to primarily small and medium-sized enterprises.
First focusing on the facts and figures of the economic impact, the letter mentions that according to WTO figures the global economy is projected to decrease sharply by up to 8% and global trade will fall by up to 32% this year as a result of the COVID-19 pandemic.
The letter then mentions that the IRU have conducted in-depth research and developed direct reports from the Road Transport industry to show the serious impact that will be felt across the goods and passenger road transport industries:
'For goods transport:
For passenger transport:
This unprecedented dramatic situation has resulted in the deterioration of the liquidity and profitability of small and medium-sized enterprises, which make up 80% of the road transport industry, and which are especially at risk of bankruptcy within the next months.
As everything is interconnected by road transport and keeping in mind the gradual lifting of the confinement measures, IRU thus urges the UN to call on governments and international financial institutions to keep road transport operators in business and to allow road transport to drive global economic recovery from COVID-19 by implementing the industry's "Driving the Recovery" plan.'
The letter then moves on to suggest specific short term schemes that will help to ensure that road transport can drive economic recovery:
'Financial Measures
Non-Financial Measures
To view the full letter sent to the United Nations by the World Road Transport Organisation, click here.
First focusing on the facts and figures of the economic impact, the letter mentions that according to WTO figures the global economy is projected to decrease sharply by up to 8% and global trade will fall by up to 32% this year as a result of the COVID-19 pandemic.
The letter then mentions that the IRU have conducted in-depth research and developed direct reports from the Road Transport industry to show the serious impact that will be felt across the goods and passenger road transport industries:
'For goods transport:
- Revenue declined by 40% during the confinement period (in comparison to last year's figures).
- Many transport operations such as transport of automotive parts, clothing, flowers and construction materials have dramatically slowed to almost 100%.
- Empty running increased by up to 40%.
- New contracts have declined by 60-90%.
For passenger transport:
- Tourist coach operations, long-distance international operations, and school and kindergarten transport is down 100%. Long-distance national lines declined by 90%, taxi services are down 80%, and special transport for municipalities (sick, elderly, etc.) are down 90%.
- Revenue declined, on average, by 50-100% during the confinement period. This ranges from 50% for private operators who run public service contracts, for example, urban transit authorities, up to 100% for companies running scheduled intercity and international services, and tourist coach services.
This unprecedented dramatic situation has resulted in the deterioration of the liquidity and profitability of small and medium-sized enterprises, which make up 80% of the road transport industry, and which are especially at risk of bankruptcy within the next months.
As everything is interconnected by road transport and keeping in mind the gradual lifting of the confinement measures, IRU thus urges the UN to call on governments and international financial institutions to keep road transport operators in business and to allow road transport to drive global economic recovery from COVID-19 by implementing the industry's "Driving the Recovery" plan.'
The letter then moves on to suggest specific short term schemes that will help to ensure that road transport can drive economic recovery:
'Financial Measures
- Provide direct cash grants to road transport companies, as a temporary aid, which can be phased out as the situation improves.
- Facilitate access to loans for covering variable costs (such as ongoing operational needs), refinancing of pre-existing credits for asset purchases (e.g. vehicle leases), and facilitate credits for the renewal of fleets at low or 0% interest rates.
- Facilitate delays to due dates for loan repayments and lease instalments.
- Extend payment deadlines and/or temporarily reduce or waive taxes, charges and duties including corporate measures, social contributions and fuel tax.
- Facilitate reduction of insurance premiums and waive premiums for non-operational vehicles due to halted goods and passenger services.
- Set-up financial support programmes for temporarily unemployed road transport workers and facilitate reintegration back into the transport workforce of skilled people made unemployed due to the crisis.
Non-Financial Measures
- Establish green lanes for trucks to be implemented at all borders, backed by policies and procedures that prevent additional and systematic stopping of trucks at all borders.
- Prioritise collective passenger transport, particularly for workers, with appropriate health protective measures put in place.
- Designate road transport workers as key workers, giving them priority access to proper protection, disinfection equipment and material, which have not yet been made sufficiently available by governments.
- Allow for maximum flexibility on the interpretation of driving rules, driving restrictions and tolerance measures to prolong the validity of expired control documents including visas, certificates, and licences.
To view the full letter sent to the United Nations by the World Road Transport Organisation, click here.
COVID-19 - Safer Transport Guidance for Operators
With UK lockdown measures being slowly and carefully eased, it's vital that everyone, particularly those who will be coming into contact with other people, remain vigilant, follow social distancing measures, and the specific guidance that is set out to them by their employers and industry authorities.
The Department for Transport have developed guidance covering safer working principles and risk assessments for transport operators and organisations.
This guidance will help transport organisations in England provide safer workplaces and services for themselves, their workers and passengers. It outlines measures to assess and address the risks of coronavirus (COVID-19).
Individual organisations will have to translate the principles and examples given within the guidance into actions. Transport providers must remain mindful of their obligations to health and safety, equalities and employment legislation. Transport providers should try to co-ordinate their planning and execution of these actions with other providers to ensure effectiveness.
To read the guidance released by the Department for Transport (DfT), click here.
The Department for Transport have developed guidance covering safer working principles and risk assessments for transport operators and organisations.
This guidance will help transport organisations in England provide safer workplaces and services for themselves, their workers and passengers. It outlines measures to assess and address the risks of coronavirus (COVID-19).
Individual organisations will have to translate the principles and examples given within the guidance into actions. Transport providers must remain mindful of their obligations to health and safety, equalities and employment legislation. Transport providers should try to co-ordinate their planning and execution of these actions with other providers to ensure effectiveness.
To read the guidance released by the Department for Transport (DfT), click here.
Heavy Vehicle Testing Extension Proposal
Although the 3-month extension of MOTs for HGV and PSV vehicles is welcomed at the HTA, they believe that this extension will not be sufficient to clear the backlog of vehicles as the ATFs will simply not be able to cope with the extra demand due to the lack of DVSA testing staff.
So, the Heavy Transport Association, which is coordinated by one of our solicitors, Richard Turnbull, got in contact with the DVSA to propose further extension of 6 months.
Below is an extract from the proposal letter that was sent to the DVSA by the Heavy Transport Association.
'The HTA is aware that Approved Test Facilities (ATF) typically run at full capacity to inspect Millions of HGV and PSV vehicles throughout the UK to meet their annual MOT. We also understand that a 3 month extension has been granted for MOTs due to the COVID-19 pandemic. This is to be welcomed but we do not think a 3 month extension will be sufficient to clear the backlog of vehicles as the ATFs will simply not be able to cope with the extra demand due to the lack of DVSA testing staff.
Whilst we appreciate you will be monitoring the situation and keeping matters under review it is difficult for our members to plan on a day to day basis without certainty, so we would like the extension to be granted for a minimum period of 6 months (we would prefer 12 months). This decision should be with immediate effect with an undertaking from Government to review the situation and extend the period further as the situation requires.'
To view the full proposal sent to the DVSA, please click here.
So, the Heavy Transport Association, which is coordinated by one of our solicitors, Richard Turnbull, got in contact with the DVSA to propose further extension of 6 months.
Below is an extract from the proposal letter that was sent to the DVSA by the Heavy Transport Association.
'The HTA is aware that Approved Test Facilities (ATF) typically run at full capacity to inspect Millions of HGV and PSV vehicles throughout the UK to meet their annual MOT. We also understand that a 3 month extension has been granted for MOTs due to the COVID-19 pandemic. This is to be welcomed but we do not think a 3 month extension will be sufficient to clear the backlog of vehicles as the ATFs will simply not be able to cope with the extra demand due to the lack of DVSA testing staff.
Whilst we appreciate you will be monitoring the situation and keeping matters under review it is difficult for our members to plan on a day to day basis without certainty, so we would like the extension to be granted for a minimum period of 6 months (we would prefer 12 months). This decision should be with immediate effect with an undertaking from Government to review the situation and extend the period further as the situation requires.'
To view the full proposal sent to the DVSA, please click here.
Health Protection Restrictions Regulation & Employment Law Bulletin
Let’s, first of all, dispel the misinformation concerning road transport operations:
The Health and Safety Executive (HSE) has issued new guidance aimed at businesses during the coronavirus (COVID-19) pandemic.
Among other things, the guidance says:
What that means for you...
It's important that you try to keep operating. As road transport operators, however, you are unlikely to be able to have all your staff work from home. An obvious example of staff who need to travel is your drivers.
While they are on the road, you should make sure they understand the need to:
For your other staff, you should seriously consider whether they really need to work from your operating centre or office. If they can do their job from home, you should do everything you can to allow this.
Read the guidance for more information and any updates.
The Health and Safety Executive (HSE) has issued new guidance aimed at businesses during the coronavirus (COVID-19) pandemic.
Among other things, the guidance says:
- with the exception of some non-essential shops and public venues, businesses should stay open if at all possible
- staff should work from home if they are able
- you should do everything you can to enable your staff to work from home
- you and your staff should not travel to work unless it's absolutely necessary
- you and your staff should observe social distancing and hygiene guidelines while travelling or working in the office
What that means for you...
It's important that you try to keep operating. As road transport operators, however, you are unlikely to be able to have all your staff work from home. An obvious example of staff who need to travel is your drivers.
While they are on the road, you should make sure they understand the need to:
- maintain enough distance (2 metres) from other people
- wash their hands thoroughly and regularly
For your other staff, you should seriously consider whether they really need to work from your operating centre or office. If they can do their job from home, you should do everything you can to allow this.
Read the guidance for more information and any updates.
Employment Video Conferencing Advice Line for DyneProtect Clients
In these troubling times, do you understand your rights as an employer if you need to downsize your business?
Employment is a complex area of law that that is process driven. If procedures are not followed, then the situation can be costly and difficult to unravel.
To address the challenge of COVID-19, DSL is offering employment advice to its DyneProtect clients. Clients will have the opportunity of having a video conference call with an employment specialist barrister. The offer will be free telephone advice via video conferencing (using Zoom) and will include a 15-minute exploratory chat that should be enough for most purposes. If you wish to take matters further, then our specialist adviser will be able take the matter further on a direct access basis.
All video conferencing advice will be recorded for fact verification purposes and provided by a specialist employment lawyer (barrister) with over 30 years experience. This barrister is ranked as a leading individual in Legal 500.
To make use of this opportunity in the first instance, you need to call the our director, John, on 01829 773102. A video conference will then be scheduled. It is up to you then to ensure you can make the appointment and connect at the appointed time. To participate you will need an email address, a smart phone/iPad or any device with a camera, microphone and speakers.
You should also download the absolutely free Zoom Cloud Meetings application which is available for download from the Apple Store (iOS) or Google Play Store (Android). The application can also be downloaded on your Mac/PC by going to https://www.zoom.us/ and creating an account. This will set you up for video conferencing as and when required.
Employment is a complex area of law that that is process driven. If procedures are not followed, then the situation can be costly and difficult to unravel.
To address the challenge of COVID-19, DSL is offering employment advice to its DyneProtect clients. Clients will have the opportunity of having a video conference call with an employment specialist barrister. The offer will be free telephone advice via video conferencing (using Zoom) and will include a 15-minute exploratory chat that should be enough for most purposes. If you wish to take matters further, then our specialist adviser will be able take the matter further on a direct access basis.
All video conferencing advice will be recorded for fact verification purposes and provided by a specialist employment lawyer (barrister) with over 30 years experience. This barrister is ranked as a leading individual in Legal 500.
To make use of this opportunity in the first instance, you need to call the our director, John, on 01829 773102. A video conference will then be scheduled. It is up to you then to ensure you can make the appointment and connect at the appointed time. To participate you will need an email address, a smart phone/iPad or any device with a camera, microphone and speakers.
You should also download the absolutely free Zoom Cloud Meetings application which is available for download from the Apple Store (iOS) or Google Play Store (Android). The application can also be downloaded on your Mac/PC by going to https://www.zoom.us/ and creating an account. This will set you up for video conferencing as and when required.
Access to Welfare Facilities is a Must for Drivers
The Traffic Commissioners are aware of several incidents in which drivers have been refused access to handwashing and toilet facilities when making deliveries. Even more shockingly, on occasion, this has involved operators refusing access to other operators.
The Government guidance is clear on the measures that everyone should be taking during the coronavirus (COVID-19) outbreak. In order to adhere to this, and protect themselves and others, drivers must be fully supported in carrying out their duties safely.
The advice issued by HSE says it's illegal to refuse drivers access to sanitary facilities when they are delivering to your premises. It also acknowledges that failure to allow the use of welfare provisions could increase the risk of the COVID-19 virus spreading.
The Traffic Commissioners urge everyone to unite during the outbreak and say it’s vital that the whole country pulls together in these challenging times.
the situation with the outbreak develops.
The Government guidance is clear on the measures that everyone should be taking during the coronavirus (COVID-19) outbreak. In order to adhere to this, and protect themselves and others, drivers must be fully supported in carrying out their duties safely.
The advice issued by HSE says it's illegal to refuse drivers access to sanitary facilities when they are delivering to your premises. It also acknowledges that failure to allow the use of welfare provisions could increase the risk of the COVID-19 virus spreading.
The Traffic Commissioners urge everyone to unite during the outbreak and say it’s vital that the whole country pulls together in these challenging times.
the situation with the outbreak develops.
COVID-19 and VOR - Timely Reminder!
As a result in the downturn caused by the COVID-19 lockdown, many operators may have parked up vehicles under ‘VOR’.
We have it on good authority that once everything gets back to normal the DVSA will be looking at PMI records and checking to see whether first use checks were in place before vehicles being returned to service.
Remember if a vehicle has been VOR’d it is irrelevant that such a vehicle has not been in service since the last PMI.
If the inspection intervals have been exceeded then before the vehicle is put back into service it must undergo a PMI.
Failing to undertake PMIs at stated intervals not only gives rise to potentially significant road safety consequences but is a departure from the statement of intent recorded against the Operator Licence and also a departure from the general undertaking that vehicles will be kept fit and serviceable.
We have it on good authority that once everything gets back to normal the DVSA will be looking at PMI records and checking to see whether first use checks were in place before vehicles being returned to service.
Remember if a vehicle has been VOR’d it is irrelevant that such a vehicle has not been in service since the last PMI.
If the inspection intervals have been exceeded then before the vehicle is put back into service it must undergo a PMI.
Failing to undertake PMIs at stated intervals not only gives rise to potentially significant road safety consequences but is a departure from the statement of intent recorded against the Operator Licence and also a departure from the general undertaking that vehicles will be kept fit and serviceable.
Online OLAT and Driver CPC Courses
Despite being Furloughed, drivers still need to stay up to date with their CPC training. Nobody wants a repeat of August 2019 where drivers ran out of time to complete their 35 hours. Now is an ideal opportunity to get ahead of the game.
For a short time, the DVSA has granted permission for select training providers to deliver their classroom training online, the benefit of this is that your drivers do not need to leave their homes and simply need internet access, a computer, tablet or laptop device to join the training which is delivered in 3 ½ hour sessions using video conferencing which is fully interactive.
Every 7 hours completed counts towards the vocational qualification for the drivers CPC.
This is an ideal opportunity to get your drivers trained, particularly those who have been Furloughed as undertaking work-related training is permitted under the Furlough rules.
DSL is delighted to able to offer you discounted rates from KP Legal Ltd to receive this training online in a virtual classroom from mid-April.
To find out more about the discounted rates, please get in touch via the following email address: Kerry@kplegal.co.uk
For a short time, the DVSA has granted permission for select training providers to deliver their classroom training online, the benefit of this is that your drivers do not need to leave their homes and simply need internet access, a computer, tablet or laptop device to join the training which is delivered in 3 ½ hour sessions using video conferencing which is fully interactive.
Every 7 hours completed counts towards the vocational qualification for the drivers CPC.
This is an ideal opportunity to get your drivers trained, particularly those who have been Furloughed as undertaking work-related training is permitted under the Furlough rules.
DSL is delighted to able to offer you discounted rates from KP Legal Ltd to receive this training online in a virtual classroom from mid-April.
To find out more about the discounted rates, please get in touch via the following email address: Kerry@kplegal.co.uk
Brief summary of the new Health Protection (Coronavirus Restrictions) Regulations in England, Wales, Scotland and Northern Ireland.
Introduction
As a result of the Coronavirus, emergency legislation is being introduced. We’ve provided a summary of the key provisions of the recently introduced the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350) which affect truck drivers. Any Regulations that are referenced relate to this legislation. Please note that the content is correct at the time of writing but is subject to change. You are advised to contact Dyne Solicitors for up to date advice.
Also note the equivalent provisions for Northern Ireland, Scotland, and Wales are outlined in the Annex to this article. Where the law differs in one country this is indicated by sub-headings within the relevant section.
Can a truck driver still work?
England, Northern Ireland, and Wales
The general rule is that during the emergency period no person may leave the place that they live in, without reasonable excuse (see Regulation 6(1)).
A reasonable excuse includes the need to travel for work, where it is not reasonably possible for that person to work from where they live (see Regulation 6(2)(f).
This, therefore, covers those who drive a truck for a living because it is not reasonably possible to carry out this role from home. Note also that haulage companies are not on the list of businesses within Part 2 of Schedule 2 which are required to close (see Regulation 4(4).
Scotland
*Note reference to Regulations in this sub-section refers to Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI).
The position in Scotland is slightly different. During the emergency period, no person may leave the place that they live, unless they have one of the defences in Regulation 8(4) (also see Regulation 5(1)).
It is a defence if, in the circumstances, the person had a reasonable excuse (see Regulation 8(4)). A reasonable excuse includes the need to travel for work where it is not reasonably possible for that person to work from where they live (see Regulation 8(5)(f).
What precautions should a truck driver take when at work?
Although a truck driver can still work, it is important to bear in mind that it is advised to take all the necessary precautions, not only for public health reasons but also as the police have wide powers which they can use to ensure the public are complying with the law.
Even if a driver is not strictly breaking the law, simply behaving in a way which is not in compliance with government guidance can attract unwanted attention from law enforcement.
A driver should also bear in mind the need to ensure there are no gatherings in a public place of more than 2 people, unless essential for work purposes (See Regulation 7(b)). It is expected that a truck driver will rarely find this problematic, but it needs to be considered.
By complying with the above provision, general government guidance and medical advice around social distancing, this should ensure a driver does not attract unwanted attention.
Police Powers
England, Scotland, and Northern Ireland
The police can take such action as is necessary to enforce any requirement for the closure of a business or on gatherings (see Regulation 8(1)).
Additionally, if the police consider someone has left the place they live without reasonable excuse, the police may either direct the person to return to where they live or remove them to the place where they live (see Regulation 8(3)).
Going to work as a truck driver will not breach any of the above-stated regulations unless gatherings are taking place of course (although unlikely).
However, it is worth highlighting that misunderstandings can arise, and a truck driver may find the police taking action against them for being at work. If this occurs, a truck driver or their employer should seek advice at the earliest opportunity from a transport law specialist.
Wales
Most of the above provisions apply to Wales with the exception that the police do not have the power to take such action as is necessary. Having said that, they still have wide powers that the police in the other jurisdictions have at their disposal, including issuing fines, prohibition notices, and entering premises to ensure the Regulations are being complied with. (See Regulation 10, 11(1), and 12(4) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353).
Annexe
England
Regulation 6(1), 6(2)(f), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“6.— Restrictions on movement
Part 2, Schedule 2, Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350)
Regulation 4(4), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“4.— Requirement to close premises and businesses during the emergency
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.”
Regulation 7(b), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“7. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except--
(b) where the gathering is essential for work purposes,”
Regulation 8(1), 8(3), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“8.— Enforcement of requirement
(3) Where a relevant person considers that a person is outside the place where they are living in contravention of regulation
(b) remove that person to the place where they are living.”
Scotland
Regulation 5(1), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“5.— Restrictions on movement
Regulation 8(4), 8(5)(f), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“8.— Offences and penalties
(4) It is a defence to a charge of committing an offence under paragraph (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse.
(5) In paragraph (4), a reasonable excuse includes the need--
(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living,”
Part 3, Schedule 1, Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI).
Regulation 6(b), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“6. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except--
(b) where the gathering is essential for work purposes,”
Regulation 7(1), 7(3), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“7.— Enforcement of requirements
(3) Where a relevant person considers that a person is outside the place where they are living, the relevant person may--
(a) direct that person to return to the place where they are living, or
(b) remove that person to the place where they are living.”
Wales
Regulation 8(1), 8(2)(f), 8(5)(b) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“8.— Restrictions on movement and gatherings during the emergency period
“(5) During the emergency period, no person may participate in a gathering in a public place of more than two people except—(b) where the gathering is essential for work purposes,”
Regulation 4(4), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“4.— Requirement to close premises and businesses during the emergency period
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 or 3 of Schedule 1 must,
during the emergency period, cease to carry on that business or to provide that service.”
Part 1, Schedule 1, Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353
Regulation 10(1), 10(2), 10(3) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“10.— Enforcement
(1) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that--
(a) the person is contravening a requirement in regulation 4, 6 or 7, and
(b) it is necessary and proportionate to give the prohibition notice to prevent that person from continuing to contravene the requirement.
(2) Where a relevant person considers that a person ("P") is contravening the requirement in regulation 8(1), the relevant
person may--
(a) direct P to return to the place where P is living;
(b) remove P to that place.
(3) A relevant person exercising the power in paragraph (2) may--
(a) direct P to follow such instructions as the relevant person considers necessary;
(b) use reasonable force in the exercise of the power.”
Regulation 11(1), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“11.— Power of entry
(1) A relevant person may enter premises, if the relevant person--
(a) has reasonable grounds for suspecting that a requirement imposed by these Regulations is being, has been or is about
to be contravened on the premises, and
(b) considers it necessary to enter the premises to ascertain whether the requirement is being, has been
or is about to be contravened.”
Regulation 12(4), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“12.— Offences and penalties
(4) An offence under these Regulations is punishable on summary conviction by a fine.”
Northern Ireland
Regulation 5(1), 5(2)(f) Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
“5.— Restrictions on movement
Part 2, Schedule 2, Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55
Regulation 6(b), Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
“6. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except—(b) where the gathering is essential for work purposes,”
Regulation 7(1), 7(3), Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
“7.— Enforcement of requirement
5(1), the relevant person may--
(a) direct that person to return to the place where they are living, or
(b) remove that person to the place where they are living.”
As a result of the Coronavirus, emergency legislation is being introduced. We’ve provided a summary of the key provisions of the recently introduced the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350) which affect truck drivers. Any Regulations that are referenced relate to this legislation. Please note that the content is correct at the time of writing but is subject to change. You are advised to contact Dyne Solicitors for up to date advice.
Also note the equivalent provisions for Northern Ireland, Scotland, and Wales are outlined in the Annex to this article. Where the law differs in one country this is indicated by sub-headings within the relevant section.
Can a truck driver still work?
England, Northern Ireland, and Wales
The general rule is that during the emergency period no person may leave the place that they live in, without reasonable excuse (see Regulation 6(1)).
A reasonable excuse includes the need to travel for work, where it is not reasonably possible for that person to work from where they live (see Regulation 6(2)(f).
This, therefore, covers those who drive a truck for a living because it is not reasonably possible to carry out this role from home. Note also that haulage companies are not on the list of businesses within Part 2 of Schedule 2 which are required to close (see Regulation 4(4).
Scotland
*Note reference to Regulations in this sub-section refers to Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI).
The position in Scotland is slightly different. During the emergency period, no person may leave the place that they live, unless they have one of the defences in Regulation 8(4) (also see Regulation 5(1)).
It is a defence if, in the circumstances, the person had a reasonable excuse (see Regulation 8(4)). A reasonable excuse includes the need to travel for work where it is not reasonably possible for that person to work from where they live (see Regulation 8(5)(f).
What precautions should a truck driver take when at work?
Although a truck driver can still work, it is important to bear in mind that it is advised to take all the necessary precautions, not only for public health reasons but also as the police have wide powers which they can use to ensure the public are complying with the law.
Even if a driver is not strictly breaking the law, simply behaving in a way which is not in compliance with government guidance can attract unwanted attention from law enforcement.
A driver should also bear in mind the need to ensure there are no gatherings in a public place of more than 2 people, unless essential for work purposes (See Regulation 7(b)). It is expected that a truck driver will rarely find this problematic, but it needs to be considered.
By complying with the above provision, general government guidance and medical advice around social distancing, this should ensure a driver does not attract unwanted attention.
Police Powers
England, Scotland, and Northern Ireland
The police can take such action as is necessary to enforce any requirement for the closure of a business or on gatherings (see Regulation 8(1)).
Additionally, if the police consider someone has left the place they live without reasonable excuse, the police may either direct the person to return to where they live or remove them to the place where they live (see Regulation 8(3)).
Going to work as a truck driver will not breach any of the above-stated regulations unless gatherings are taking place of course (although unlikely).
However, it is worth highlighting that misunderstandings can arise, and a truck driver may find the police taking action against them for being at work. If this occurs, a truck driver or their employer should seek advice at the earliest opportunity from a transport law specialist.
Wales
Most of the above provisions apply to Wales with the exception that the police do not have the power to take such action as is necessary. Having said that, they still have wide powers that the police in the other jurisdictions have at their disposal, including issuing fines, prohibition notices, and entering premises to ensure the Regulations are being complied with. (See Regulation 10, 11(1), and 12(4) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353).
Annexe
England
Regulation 6(1), 6(2)(f), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“6.— Restrictions on movement
- During the emergency period, no person may leave the place where they are living without a reasonable excuse.”
Part 2, Schedule 2, Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350)
Regulation 4(4), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“4.— Requirement to close premises and businesses during the emergency
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.”
Regulation 7(b), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“7. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except--
(b) where the gathering is essential for work purposes,”
Regulation 8(1), 8(3), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“8.— Enforcement of requirement
- A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 4, 5 or 7.
(3) Where a relevant person considers that a person is outside the place where they are living in contravention of regulation
- , the relevant person may--
(b) remove that person to the place where they are living.”
Scotland
Regulation 5(1), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“5.— Restrictions on movement
- Except to the extent that a defence would be available under regulation 8(4), during the emergency period, no person may leave the place where they are living.”
Regulation 8(4), 8(5)(f), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“8.— Offences and penalties
(4) It is a defence to a charge of committing an offence under paragraph (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse.
(5) In paragraph (4), a reasonable excuse includes the need--
(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living,”
Part 3, Schedule 1, Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI).
Regulation 6(b), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“6. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except--
(b) where the gathering is essential for work purposes,”
Regulation 7(1), 7(3), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“7.— Enforcement of requirements
- A relevant person may take such action as is necessary to enforce any requirement imposed by these Regulations
(3) Where a relevant person considers that a person is outside the place where they are living, the relevant person may--
(a) direct that person to return to the place where they are living, or
(b) remove that person to the place where they are living.”
Wales
Regulation 8(1), 8(2)(f), 8(5)(b) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“8.— Restrictions on movement and gatherings during the emergency period
- During the emergency period, no person may leave the place where they are living without a reasonable excuse.”
- For the purposes of paragraph (1), a reasonable excuse includes the need--
“(5) During the emergency period, no person may participate in a gathering in a public place of more than two people except—(b) where the gathering is essential for work purposes,”
Regulation 4(4), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“4.— Requirement to close premises and businesses during the emergency period
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 or 3 of Schedule 1 must,
during the emergency period, cease to carry on that business or to provide that service.”
Part 1, Schedule 1, Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353
Regulation 10(1), 10(2), 10(3) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“10.— Enforcement
(1) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that--
(a) the person is contravening a requirement in regulation 4, 6 or 7, and
(b) it is necessary and proportionate to give the prohibition notice to prevent that person from continuing to contravene the requirement.
(2) Where a relevant person considers that a person ("P") is contravening the requirement in regulation 8(1), the relevant
person may--
(a) direct P to return to the place where P is living;
(b) remove P to that place.
(3) A relevant person exercising the power in paragraph (2) may--
(a) direct P to follow such instructions as the relevant person considers necessary;
(b) use reasonable force in the exercise of the power.”
Regulation 11(1), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“11.— Power of entry
(1) A relevant person may enter premises, if the relevant person--
(a) has reasonable grounds for suspecting that a requirement imposed by these Regulations is being, has been or is about
to be contravened on the premises, and
(b) considers it necessary to enter the premises to ascertain whether the requirement is being, has been
or is about to be contravened.”
Regulation 12(4), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“12.— Offences and penalties
(4) An offence under these Regulations is punishable on summary conviction by a fine.”
Northern Ireland
Regulation 5(1), 5(2)(f) Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
“5.— Restrictions on movement
- During the emergency period, no person may leave the place where they are living without a reasonable excuse.”
- For the purposes of paragraph (1), a reasonable excuse includes the need—(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;
Part 2, Schedule 2, Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55
Regulation 6(b), Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
“6. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except—(b) where the gathering is essential for work purposes,”
Regulation 7(1), 7(3), Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
“7.— Enforcement of requirement
- A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 3, 4 or 6.”
5(1), the relevant person may--
(a) direct that person to return to the place where they are living, or
(b) remove that person to the place where they are living.”
Get In Touch...
If you are looking for more road transport information or advice as a result of the COVID-19 outbreak, please do get in touch with us on 01829 773100 or send an email to info@dynesolicitors.co.uk.
