Dyne News
The Latest Legal and Industry News surrounding Transport, Waste, and Health & Safety
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Bridge Strikes & the Potential ConsequencesA bridge strike is when a vehicle (or even the load it is carrying) collides with a bridge. Usually, this occurs where roads flow under railway bridges. It is for this reason Network Rail have been very active in raising awareness of this growing problem through ... Read More
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COVID-19 - Changes to the Advice Notes & Financial Standing GuidanceThe COVID-19 advice note produced by the Traffic Commissioners to help operators during the pandemic, has been updated. There have been a few updates to the procedure for temporary Local Bus Service Registration variations in ... Read More
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Failing to Provide Driver DetailsIf you are accused of committing a driving offence you (assuming you are the keeper of the vehicle) and any other person can be requested to provide information as to the identity of the driver (s172(2) RTA 1988). Even if you were not the ... Read More
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Proposed Law Changes in Mobile Phone Use While DrivingThe Government announced on the 17th October the next steps in closing the legislation loophole concerning usage of mobile phones while driving. The new government plans revealed by Roads Minister Baroness Vere will mean drivers using a mobile phone in all circumstances while driving will be ... Read More
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JAUPT & DVSA Warn of Unnecessarily Repeating Driver CPC Training SubjectsThe Joint Approvals Unit for Periodic Training (JAUPT) has announced training providers and drivers that repeatedly carry out the same periodic training in order to satisfy Driver CPC requirements could face firm disciplinary action from the ... Read More
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Waste Director Disqualified by Traffic CommissionerJordan Myles Pointon, director of JMP Waste and Transport Services has had his standard international goods vehicle operator’s licence revoked by the Traffic Commissioner. A DVSA investigation carried out in March 2020 revealed ... Read More
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Environment Agency Closes Illegal Waste SiteThis case highlights the importance of working with the Environment Agency. In this case, the failure to act according to Environment Agency requests was followed by an enforcement notice being issued, then a court order being obtained ... Read More
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Environment Agency Enforcement Undertakings Raise Thousands for CharitiesAn enforcement undertaking is a voluntary offer made by an offender to: address the effects of their offending, address the effects on third parties, ensure the offending behaviour does not happen again. If the EA accept such an offer, the agreement becomes legally binding between the ... Read More
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Environment Agency Targets Dover Waste SitesIn October, in response to a rise in theft of cabling catalytic converters in the Southeast, Environment Agency officers working with the British Transport Police, Met Police, Dover District Council and BT Openreach carried out unannounced ... Read More
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ESA Launches Campaign to Address the Growing Problem of Waste Fires Caused by Dead BatteriesOn the 26th October 2020, the Environmental Services Association (ESA) announced its new national campaign Take Charge. The campaign will focus on urging consumers to recycle batteries by using specialist battery recycling services and will ... Read More
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Farmer Fined for Repeatedly Polluting a RiverThe below case highlights the importance of reviewing how your operation (such as a farm in this instance) may affect the local area, as any failure to correct practices that harm the environment can result in a hefty fine and ... Read More
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Landowner Fined for Disposing of and Burning Illegal WasteA Llanelli landowner appeared at Llanelli Magistrates Court and admitted two charges of permitting the deposit of controlled waste without an environmental permit and allowing the incineration of controlled ... Read More
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Northamptonshire Woman Fined for Committing Waste CrimeAs a result of a joint investigation by the Environment Agency and other agencies into the operations of criminal gangs that dump significant amounts of waste in the Southeast (Operation Angola), Kathleen Stokes, 41, was identified ... Read More
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Waste Recycling Company Fined £200,000 for Corporate ManslaughterThis case shows the drastic consequences of failing to properly guard and maintain machinery and failing to adequately train staff on how to operate machinery. In 2017, Dale McClelland, 23, was working ... Read More
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Construction Company Fined for Operating Unsafe Demolition SiteThis case shows you should not be only concerned about a visit by the Health and Safety Executive HSE) but you should be aware that at any point members of the public can report your working practices to the HSE if they feel it ... Read More
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Manufacturing Company Fined after Forklift Truck Collides with WorkerNewport Magistrates’ Court heard how, on 23rd November 2018, a worker had to be put into an induced coma after a forklift truck had hit him at a site in Crown Business Park, Dukestown, Tredegar. The worker suffered serious brain ... Read More
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Transport Company Fined after Agency Driver Fatally CrushedThe below case illustrates the importance of transport companies identifying and managing risks associated with delivering heavy loads and providing adequate training to staff to enable them to safely deliver ... Read More
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Woodworking Company Fined after Employee is Seriously InjuredThis case highlights the importance of carrying out risk assessments to spot potential hazards in the workplace. If a risk assessment had taken place then this incident may have been prevented and the company would not have faced prosecution ... Read More
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Are You Aware of the Latest Updates to the Vocational Driver Conduct Guidance (Statutory Document 6?An updated version of the statutory document on driver conduct (statutory document 6) has been issued by the Senior Traffic Commissioner. The changes include: mutual recognition of driver disqualification between Great Britain and ... Read More
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Lorry Driver Admits to Causing Deaths of Two Men on Smart MotorwayA lorry driver has admitted to causing the deaths of Alexandru Murgeanu, 22, and Jason Mercer, 44, when his lorry collided with their stationary vehicles on the M1 near Sheffield on 7th June 2019. The case has become a leading example of the safety ... Read More
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Uber Wins Right to Continue Operation in LondonIn September 2017, TfL (Transport for London) rejected Uber’s operating licence request due to passenger safety fears. Uber then submitted and won a number of appeals in order to keep operating within London. This year, TfL has once again decided ... Read More
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Transport Sector Calls on EU to Develop European Strategy for Governance of B2B DataWe have learnt as of 7th October 2020, representatives of the transport, logistics, and mobility sector have submitted a joint statement calling on the European Commission to communicate a European strategy for data. The statement envisages a strategy that establishes goals for ... Read More
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Government Publishes Updated Version of the Border Operating ModelOn the 8th of October, the Government published an updated version of the Border Operating Model which details how the GB-EU border will operate. Recently there has been some unease amongst those in the transport sector who believe the UK will not be ready for the end of ... Read More
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Are Operator Licence Application Processing Times Improving?We know all too well the time it takes for your operator licence to be granted or varied can be very frustrating. So how long on average does it take for an application to be processed? And are processing times improving? The below table illustrates ... Read More
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HSE Warns of Health Risk to Workers at Sites Handling Municipal WasteOrganic dust and bioaerosols can develop when municipal waste is collected, separated, and composted. The organic dust and bioaerosols produced by these processes can be harmful to the health of workers operating at a site if no safeguards are ... Read More
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EA Circulates Hazardous WEEE GuidanceThe Environment Agency has sent a letter to over 1,000 operators who deal with waste electrical and electronic equipment (WEEE) outlining what they must do when processing hazardous material. The backdrop to this letter is the concern high levels of hazardous chemicals and Persistent Organic ... Read More
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Corby Waste Site Raided by EA OfficersWe understand Northamptonshire police assisted the Environment Agency in executing a warrant at a suspected illegal waste site in Corby, allegedly operated by Abbey Skips. The raid resulted in 2 arrests and another individual was interviewed under ... Read More
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Illegal Waste Site Operator Ordered to Pay £179,000 Confiscation Order Under Proceeds of Crime ActIn September, Waste site operator Barry Connally was ordered to pay £179,000 which he had allegedly gained through proceeds of crime when he was the sole director of an illegal waste operation. This provides a stark warning to waste site operators of the potential consequences beyond a ... Read More
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Conviction for Illegal Waste OperatorWe note that Natural Resources Wales, have successfully prosecuted a case involving illegal waste operation in South West Wales. James Anthony Gunter admitted the offences of operating an illegal waste facility and disposing of waste at the facility in a manner likely to cause pollution ... Read More
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Waste Fires Caused by Damaged Batteries are on the IncreaseThe WEEE Forum and EuRic published a report on the 26th May 2020 which suggested within the WEEE management chain the number of fires caused by damaged batteries is increasing. Responses to the EU-wide survey suggest the number of both recurrent fires and severe fires is ... Read More
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Former Directors of Waste Site Admit Neglect by Breaching Permit RulesWe have learned Chelmsford Crown Court has fined two former directors of a company more than £22,000 and £19,000 in costs for accepting the wrong type of waste into a landfill site and not carrying out regular testing of waste. This case highlights to waste site operators the importance of ... Read More
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Waste Crime Taskforce Successfully Raids Lancashire SiteOn the 18th August 2020, the Joint Unit for Waste Crime (JUWC) carried out a raid on an allegedly illegal waste site in Great Harwood, Lancashire. The raid uncovered evidence of a large scale operation, providing a good example of how the JUWC continue to investigate serious waste crime ... Read More
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What You Need to Know About COVID-19 InspectionsSince the Government began urging people back to work the Health and Safety Executive (HSE) have been working with businesses, local councils and local public health authorities to ensure businesses are COVID-secure. One of the main ways the HSE have been ensuring ... Read More
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New Self-Isolation Legal Requirements & Breach FinesOn 28th September 2020, the UK Government put into force new legislation named The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020. To flatten the rising number of COVID-19 cases and deaths across England, the regulations impose additional legal ... Read More
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HSE Commence Month-Long Inspection Initiative of Construction FirmsFrom Monday 5th October, health and safety inspectors will begin a month-long inspection initiative of construction firms, assessing if their health standards are adequate. This is the fourth time the HSE has carried out such an initiative As, in recent years, inspections will assess respiratory risks ... Read More
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Wirral-Based Company Fined After Worker's Arm Caught in MachineryA manufacturer of composite hose products has been fined after an inexperienced agency worker sustained injuries when he pulled into a spinning lathe. The worker had been operating a lathe at a site in Bromborough when the sleeve of his shirt became trapped between a ... Read More
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More Articles
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Landlord and Tenant UpdateHousing Secretary Robert Jenrick has today (21 August 2020) announced that the government intends to give tenants greater protection from eviction over the winter by requiring landlords to provide tenants with 6 months’ notice in all bar those cases raising other serious issues such as those involving anti-social behaviour and domestic abuse ... Read More
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Coronavirus Job Retention Scheme UpdatesWith the Coronavirus Job Retention Scheme (Furlough scheme) set to close on 31st October 2020, over the coming months, changes to capped amount that the government will be paying to furloughed workers will begin to decrease. On the 1st July 2020, it came into force that employers ... Read More
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Civil Procedure Update - 21st July 2020For any of our Clients who are Landlords or Tenants please be aware that: Civil Procedure (Amendment No.4) (Coronavirus) Rules 2020 (21st July 2020) is coming into force on 23rd August 2020. This follows The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020, which came into effect on ... Read More
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How are Trials Now Being Held?With the Coronavirus Job Retention Scheme (Furlough scheme) set to close on 31st October 2020, over the coming months, changes to capped amount that the government will be paying to furloughed workers will begin to decrease. On the 1st July 2020, it came into force that employers ... Read More
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How Changes to Tax Legislation IR35 Affect Transport Companies & DriversIR35 is tax legislation relating to off-payroll working. The changes affect both transport companies who use self-employed drivers, and drivers who claim to be self-employed. Even if you are a transport company who uses an agency to contract drivers, if the driver is deemed to be under your control the ... Read More
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Public Inquiry Attendees Must Not Break Quarantine RulesThe Office of the Traffic Commissioner has just circulated the following press release (21.08.2020): PI attendees must follow the 14-day quarantine rule when arriving back in the UK from a country that is not on the exemption ... Read More
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Changes to EU Driving Rules from 20th August 2020EU drivers’ hours and tachograph rules will change on 20th August. These changes are causing a considerable degree of industry angst. If you are affected adversely please let us know or contact your Trade Association (e.g. HTA, BSA). The new rules will ... Read More
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Public Inquiries - New ArrangementsIn March 2020, COVID-19 brought a temporary end to Public Inquires and Driver Conduct Hearings. These were resumed for a limited number of cases using an online video conferencing platform. Last month, however, Public Inquiries and Driver Conduct hearings returned ... Read More
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OTC Could Face Action After Serious GDPR BreachEU drivers’ hours and tachograph rules will change on 20th August. These changes are causing a considerable degree of industry angst. If you are affected adversely please let us know or contact your Trade Association (e.g. HTA, BSA). The new rules will ... Read More
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COVID-19 - Updated Guidance for Transport OperatorsIn March 2020, COVID-19 brought a temporary end to Public Inquires and Driver Conduct Hearings. These were resumed for a limited number of cases using an online video conferencing platform. Last month, however, Public Inquiries and Driver Conduct hearings returned ... Read More
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Sussex College Fined £50,000 for Causing Slurry Pollution to StreamPlumpton College in Sussex has been fined £50,000 for causing pollution to a stream, which resulted in the deaths of over 1,500 fish. The College, which specialises in teaching agricultural practices, had initially aimed to fertilise a field by spreading water with a significant proportion of ... Read More
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New Environmental BillThe Government has released a policy paper (last updated 19th August 2020) in relation to the new Environmental Bill. The Environmental Bill is aimed at tackling the “environmental and climate crises” and assist in achieving the goals of the 25 year plan to ... Read More
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Re-Processors Join Forces to Urge PRN ReformWe spotted this interesting article in letsrecycle.com relating to a call for an overhaul of the packaging recovery note (PRN) system. It is probably not the first time there have been concerns raised over manipulation of the system and distortion in recycling data ... Read More
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New PPE Waste Guidance Issued by DEFRANew guidance has been published by Defra on how to dispose of personal or business waste - including personal protective equipment (PPE) and face coverings- throughout the coronavirus (COVID-19) pandemic The guidance, which was published ... Read More
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HWRCs Continuing With 'Return to Normal' ProcessLetsrecycle.com’s 14th July article caught our eye. They report the majority of the council-operated waste services across England apparently continuing to show signs of improvement after issues caused by the coronavirus (COVID-19) pandemic and ... Read More
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Council's £2.1bn Plan for EfW ProjectWe were interested to learn that councils in the north-east of England, including Durham County, Newcastle City, as well as the boroughs of Hartlepool, Middlesbrough, Stockton-on-Tees, Redcar & Cleveland and Darlington are planning an energy-from-waste ... Read More
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Furlough Scheme Extension & ChangesThe 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 ... Read More
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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 ... Read More
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Suspension 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 ... Read More
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Company Law Changes - COVID-19The 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 ... Read More
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Possession Proceedings UpdateAs of 25 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 ... Read More
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COVID-19 - Update on Changes to Road Transport RulesThe 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 ... Read More
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COVID-19 - Statutory Directions UpdatedThe Traffic Commissioners have updated their coronavirus (COVID-19) advice for transport operators. 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 ... Read More
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COVID-19 - Economic Impact on the Transport IndustriesIn 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 ... Read More
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COVID-19 - Safer Transport Guidance for OperatorsWith 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 ... Read More
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Employment Video Conferencing Advice Line for DyneProtect ClientsIn 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 is process-driven. If procedures are not followed, then the situation can be costly and difficult to unravel ... Read More
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Access to Welfare Facilities is a Must for DriversThe Traffic Commissioners are aware of several incidents in which drivers have been refused access to hand washing and toilet facilities when making deliveries. Even more shockingly, on occasion, this has involved operators refusing access to other operators ... Read More
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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 ... Read More
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Online OLAT & Driver CPC CoursesDespite 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 ... Read More
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Coronavirus
The current rapidly changing situation in relation to Coronavirus (COVID-19) poses many difficult issues for businesses in terms of maintaining financial viability and organising their affairs to best deal with extremely difficult challenges. The Government is rolling out initiatives to support business and you will need to keep an eye out for announcements and check to see how these apply to your business. The devil is in the detail so don’t just rely on the headline-grabbing announcements and assume you are covered or you have carte blanche to do as you like - you need to check the details and seek professional advice if in any doubt. There has been a relaxation of rules for drivers hours but please check the details on the Government Website:
https://www.gov.uk/government/publications/temporary-relaxation-of-the-enforcement-of-the-drivers-hours-rules-all-sectors-carriage-of-goods-by-road/temporary-relaxation-of-the-enforcement-of-the-eu-and-gb-drivers-hours-rules-all-sectors-carriage-of-goods-by-road
Employers have obligations to ensure the health and safety of their workforce and others who may be affected by their operations. Risk assessments should be carried out for the protection of staff and visitors and reviewed in light of changing guidance relating to COVID-19. As you will be aware the Government has announced an effective lockdown requiring people to stay at home and to only leave home for limited purposes including travelling to and from work (if you can’t work at home). Careful consideration will need to be given to whether you can organise admin staff to work at home. This was the situation at the time of going to press so please keep a lookout for further announcements in case restrictions tighten.
You may wish to impose remote working to protect the workforce but will need to ascertain whether they have a contractual right to require the employee to work flexibly. If not contracts, of course, can be changed by mutual agreement and most employees are likely to want to work flexibly (i.e. from home in line with the new rules). An individual who is not ill but who is self-isolating can be requested to work from home and paid as usual. Employees may also wish to use remote working to limit their risk of infection or where they need to self-isolate. Employers should now permit staff to work remotely and stay at home in line with Government rules, however, remote working may not be feasible in all situations.
New rules to allow for payment of statutory sick pay for those who “self-isolate” came into force as from 13 March 2020. The requirement is that the person claiming SSP is “isolating themselves from other people in such a manner as to prevent infection or contamination with coronavirus disease, in accordance with the guidance published by Public Health England, NHS National Services Scotland or Public Health Wales”. The other requirement is that they are “by reason of that isolation... unable to work”. SSP will payable from the first day that an employee meeting the above conditions is absent from work in order to self-isolate.
https://www.gov.uk/government/publications/temporary-relaxation-of-the-enforcement-of-the-drivers-hours-rules-all-sectors-carriage-of-goods-by-road/temporary-relaxation-of-the-enforcement-of-the-eu-and-gb-drivers-hours-rules-all-sectors-carriage-of-goods-by-road
Employers have obligations to ensure the health and safety of their workforce and others who may be affected by their operations. Risk assessments should be carried out for the protection of staff and visitors and reviewed in light of changing guidance relating to COVID-19. As you will be aware the Government has announced an effective lockdown requiring people to stay at home and to only leave home for limited purposes including travelling to and from work (if you can’t work at home). Careful consideration will need to be given to whether you can organise admin staff to work at home. This was the situation at the time of going to press so please keep a lookout for further announcements in case restrictions tighten.
You may wish to impose remote working to protect the workforce but will need to ascertain whether they have a contractual right to require the employee to work flexibly. If not contracts, of course, can be changed by mutual agreement and most employees are likely to want to work flexibly (i.e. from home in line with the new rules). An individual who is not ill but who is self-isolating can be requested to work from home and paid as usual. Employees may also wish to use remote working to limit their risk of infection or where they need to self-isolate. Employers should now permit staff to work remotely and stay at home in line with Government rules, however, remote working may not be feasible in all situations.
New rules to allow for payment of statutory sick pay for those who “self-isolate” came into force as from 13 March 2020. The requirement is that the person claiming SSP is “isolating themselves from other people in such a manner as to prevent infection or contamination with coronavirus disease, in accordance with the guidance published by Public Health England, NHS National Services Scotland or Public Health Wales”. The other requirement is that they are “by reason of that isolation... unable to work”. SSP will payable from the first day that an employee meeting the above conditions is absent from work in order to self-isolate.
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COVID-19 - Heavy Vehicle Testing SuspendedOn 20th March 2020, the DVSA released a statement regarding the suspension of heavy vehicle testing as a result of the COVID-19 outbreak. The statement read: Because of the COVID-19 pandemic we’ve taken the decision to ...
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COVID-19 - Consider Your Employee SafetyAt Dyne Solicitors Limited, we have always advocated that the best evidence of a contract is a signed one. We now ask that you reconsider your practices. Government advice is to stay two metres away from anyone else and not to touch surfaces that could be contaminated, then accordingly using pen and paper has now become a concern. ...
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Response to COVID-19 Advice for OperatorsOn 20th March 2020, the OTC released advice for operators as a result of the COVID-19 outbreak. The full guidance can be found on the government website. A summary is set out below: Can I temporarily operate more vehicles than authorised to meet an urgent public demand? ...
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All Drivers Must Have Access to Welfare Facilities in the Premises They Visit as Part of Their Work.We are hearing reports that some drivers are not being allowed to use welfare facilities when they deliver. Preventing access is against the law, and equally, it's not the sensible thing to do. ...
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Bank of England - Base Rate Reduction
For all of our clients who use the Late Payment of Commercial Debts (Interest) Act 1998 or indeed any late payment calculation relying on Bank of England base rate, please note that as of 19th March 2020, the Bank of England has reduced base rate to 0.1%.
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Temporary and Limited Relaxation of Drivers' Hours RulesThe Department for Transport (DfT) have today announced that there will be a temporary and limited relaxation of the enforcement of drivers' hours rules in England, Scotland and Wales for the drivers of vehicles involved in the delivery of ...
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The Importance of Knowing Your ClientIt is sad to say it, but now is the time when all our clients must think about protecting their business. Now more than ever, you must truly know your clients. To many it seems obvious. Of course, you know your client. Say for example, your client is Mr. Smith. You speak with Mr. Smith daily. He orders ...
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Successful Transport Claim - Dyne Customer SuccessAs we enter dark times, the efficient running of your business becomes of even greater importance. Here at Dyne Solicitors Limited, we regularly see satisfactory quality issues with plant supplied. Difficulties with equipment have a negative impact on your business, both in a practical sense and in terms of management time spent. ...
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Senior Traffic Commissioner's COVID-19 ResponseOn 17th March 2020, the Senior Traffic Commissioner issued a Statutory Document setting out the approach that traffic commissioners will adopt in response to the COVID-19 outbreak in Great Britain. ...
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