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Jurisdiction: Republic of Ireland
Commencement: 31st May 2024
Amends: Road Traffic Act 2024
The Road Traffic Act 2024 applies to vehicles on public roads.
General requirements for vehicles
Part 2 sets out the general requirements for vehicles including maximum allowable weights, the requirement to weigh certain vehicles, vehicle permits, the requirement to test vehicles, and the powers of the Garda Síochána to examine, inspect and test vehicles.
Driving licences
Part 3 sets out information on the application, granting of and disqualification of driving licences. It also covers certificates of competency.
Speed limits
Part 4 outlines the speed limits that can be applied to public roads.
Offences
Part 5 sets out a series of driving offences. It is an offence to:
Compulsory insurance of mechanically propelled vehicles
Part 6 sets out the obligation for drivers to be insured when driving a vehicle on a public road.
Control and Operation of Public Service Vehicles
Part 7 allows the Minister for Local Government (‘the Minister’) to make regulations concerning the control and operation of public service vehicles*.
*A public service vehicle is any vehicle used to transport a person for reward (i.e. payment).
Regulation of traffic
Part 8 establishes rules for the regulation and control of traffic and pedestrians in public places. This includes traffic signs and the prohibition of traffic from using footways.
Penalties
Part 9 sets out notices and penalties for committing an offence. It also sets limits for continuous driving.
Various duties apply and are available to view on The Legislation Update Service.
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Jurisdiction: UK
Commencement: 21st August 2023
Amends: Building Safety Act 2022 (c. 30)
*Driver activities includes driving time, speed, distance, and the loading and unloading of vehicles.
GB Retained: Regulation (EU) 165/2014 on tachographs in road transport, repealing Regulation (EEC) 3821/85 on recording equipment in road transport and amending Regulation (EC) 561/2006 on the harmonisation of certain social legislation relating to road transport sets out requirements for tachographs to be installed in all vehicles used for the carriage of passengers or goods. Duties are also imposed on the construction, installation, use and testing of tachographs.
Various duties apply.
Regulation (EU) 2016/799 implementing Regulation (EU) No 165/2014 laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components
From 21st August 2023, newly registered vehicles which are used for the carriage of passengers or goods by road must have a smart tachograph 2* installed.
Annex IC (requirements for construction, testing, installation, and inspection) is amended to introduce the requirements for the smart tachograph 2.
*A smart tachograph 2 records border crossings using a digital map as well as when a vehicle is being loaded and unloaded. There are also stronger anti-tamper mechanisms
GB Retained: Regulation (EU) 165/2014 on tachographs in road transport, repealing Regulation (EEC) 3821/85 on recording equipment in road transport and amending Regulation (EC) 561/2006 on the harmonisation of certain social legislation relating to road transport
From 21st February 2024, vehicles must contain the second version of smart tachographs (‘smart tachograph 2’)*.
*Smart tachograph 2 has stronger anti-tamper mechanisms and has more advanced features.
Recording of vehicle position
From 21st August 2023, vehicles registered for the first time must record information on border-crossing.
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Jurisdiction: England, Wales, Scotland
Commencement: 1st October 2023
Amends: The Goods Vehicles (Licensing of Operators) Regulations 1995
The Goods Vehicles (Licensing of Operators) Regulations 1995 lay down requirements for the licensing of passenger and goods vehicle operators in Great Britain.
Licences covered under these regulations include:
These Regulations are made under powers conferred by the Goods Vehicles (Licensing of Operators) Act 1995 (see LUS entry 1995 c.23).
Part 1 General
This Part contains general information including commencement, revocation and interpretation.
Part 2 Applications
This Part prescribes matters relating to applications for licences.
Applications must be made on a form supplied by the Traffic Commissioner and contain all the information specified on that form. The Traffic Commissioner must receive the application no less than 9 weeks before the licence or variation applied for is to take effect.
Part 3 Objection and Representations
This Part details the procedures relating to objections and representations.
Part 4 Operating Centres
This part details the conditions which may be attached to a licence (including number, type and size of goods vehicles, parking and access arrangements and times of operations).
This Part also prescribes the environmental considerations which the Traffic Commission must have regard to when determining the suitability of a place for use as an operating centre, or attaching, carrying or removing a condition to a licence, or the effect or likely effect that an operating centre might have on the locality.
Part 5 Inquiries
This Part, along with Schedule 4, prescribes various matters relating to inquiries held by a Traffic Commissioner under section 35 of the Goods Vehicles (Licensing of Operators) Act 1995.
Part 6 Other Matter
This part prescribes other matters relating to licences.
In order to ensure a seamless transition between the United Kingdom and European Union countries, changes are made to the requirements for an operators licence when used for the carriage of goods.
Classes of vehicle for which an operator’s licence is not required
Definitions and requirements are given for vehicles used for the carriage of goods that can be brought temporarily into Great Britain from countries with which the United Kingdom has an international agreement without the need for an operators licence*.
Exemptions from the requirements to hold an operators licence are given for persons using vehicles from non-EU countries:
*An operator licence is a licence to allow the operation of goods vehicles in the UK, ensuring the vehicles meet the expected standards of operation.
** An operator is someone who owns an establishment that drives goods vehicles weighing more than 3.5 tonnes, which carry goods as part of a trade or business.
The remainder of the exemptions implement or re-implement obligations under the international road transport agreements with various countries and can be found here.
Schedule 3A is added, which provides conditions for the issuing of temporary operators’ licences to international operators, where the vehicle used is not subject to a relevant international agreement previously mentioned.
References and interpretations are amended to reflect these changes.
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Jurisdiction: Republic of Ireland
Commencement: 26th April 2022
Amends: Road Traffic (Licensing of Drivers) Regulations 2006
The Road Traffic (Licensing of Drivers) Regulations 2006 set out requirements for the issuing of provisional and driving licences.
Part 2: Categories of and excepted vehicles
This Part sets out the categories which vehicles are divided into for the purpose of Part 3 of the Road Traffic Act 1960 (Driving Licences).
Part 3: Licences – Disqualifications related to age
This Part sets out the age a person must be to hold a driving licence for certain categories of vehicle.
Part 4 and 5: Driving licences & provisional licences
These Parts set out how driving and provisional licences should look and what information it should include. It also sets out fees for licences and details of the application process.
Part 6: Certificates of competency
This Part details driving tests. It sets out application process; the fees for the test; the test vehicle requirements and the criteria which must be met to successful pass a driving test.
Part 7: Codes
This Part sets out codes which must be included in a certificate of competency to indicate that the recipient of the certificate is subject to certain restriction, i.e. modified vehicle.
Part 8: Health and fitness
This Part details driving health and fitness certificates and requirements for medical reports and eyesight reports to be provided.
Part 9: Enforcements and disqualifications
This Part details different disqualification orders and the enforcement of those orders.
Part 10: Identify
This Part sets out requirements for the photographs which must accompany an application for a driving or provisional licence and evidence of identity.
Part 11: Records
This Part set out how long licensing authority must keep records in relation to driving licences and provisional licences.
Amendment
Licensing authorities are required to make a note of additional information on a person’s driving licence in accordance with regulation 32. This includes whether a driving licence has been exchanged for a licence issued in the Republic of Ireland.
Regulation 32 is updated to add a code for licences that:
This amendment has no direct relevance to health and safety matters.
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The UK Government has announced further changes to rules concerning the use of handheld mobile phones and other interactive communication devices whilst driving. Our consultant Katie Pritchard looks at this important change.
Using a handheld mobile device* whilst driving has been an offence since December 2003. The Government changes have widened the scope of offences to include all interactive communication devices** when driving from 25th March 2022, and clarifies that using a handheld device is prohibited at traffic lights and in traffic queues.
*A handheld mobile device is any mobile device that is held for all or part of the duration of the activity.
**Interactive communication devices perform similar functions to mobile phones, e.g. sending and receiving spoken or written messages.
The changes extend the list of prohibited activities to include taking photos and searching for music. Existing offences include:
Drivers caught in breach of these rules will face a £200 fixed penalty and 6 points on their licence.
Employers may be prosecuted if they encourage or knowingly fail to stop employees using handheld mobile devices or interactive communication devices whilst driving.
Drivers are still allowed to make contactless payments for goods and services when the vehicle is stationary at drive-through restaurants and road tolls.
So what if you need to use a handheld mobile device while driving? The Government recommends you:
In summary:
For more information on using handheld mobile devices whilst driving, the new update The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 is available to read on the Legislation Update Service.
Jurisdiction: Great Britain
Commencement: 15th November 2021
Amends:
The Motor Vehicles (Driving Licences) Regulations 1999 set health and safety obligations related to driving licences, tests of competence to drive, drivers conduct for goods and passenger vehicles as well as training courses for motorcycle riders, are established. Part VI (Disabilities) covers disabilities which must be declared on a driving licence.
N.B. The Motor Vehicles (Driving Licences) (Amendment) Regulations 2011 change the restrictions on driving licence applicants and driving licence holders with diabetes. They also amend the terms in which a person’s diabetes is a prescribed as a relevant disability.
Under the Road Traffic Act 1988, a person with a relevant disability is denied a licence unless they can meet certain prescribed conditions.
A declaration must be made if the applicant suffers from diabetes treated with medication that carries a risk of inducing hypoglycaemia* (including insulin, sulphonylureas and glinides). In this case, the condition will be classed as a relevant disability if the applicant has had 2 or more episodes of severe hypoglycaemia** during the previous year, or there is an impaired awareness of hypoglycaemia***.
However, applicants with diabetes treated with insulin are not barred from obtaining a Group 1 licence if they do not have impaired awareness of hypoglycaemia, has been without more than one severe hypoglycaemic attack for a year and meets other conditions set out in the Regulations.
*Hypoglycaemia is condition resulting in a low blood sugar level. It causes irregular or rapid heartbeat, pale skin, numbness of lips, tongue or cheek, and sweating.
**Severe hypoglycaemia means an episode of hypoglycaemia requiring the assistance of another person.
***Impaired awareness of hypoglycaemia means the inability to detect the onset of hypoglycaemia because of total absence of warning symptoms.
Regulation 3 of the amendment makes changes to regulation 73 of the 1999 Regulations so that disabilities must be declared in relation to Group 2 licence applications (for larger vehicles including heavy goods vehicles and buses).
A declaration must be made if the applicant suffers from diabetes treated with medication that carries a risk of inducing hypoglycaemia. In this situation, the condition will be classed as a relevant disability if the applicant has had one or more episodes of severe hypoglycaemia during the previous one-year period, or where there is no full awareness of hypoglycaemia.
However, applicants with diabetes treated with insulin for over 4 weeks, are not barred from obtaining a Group 2 licence if there is full awareness of hypoglycaemia, there has been no severe hypoglycaemic attack for a year, and other conditions concerning diabetes are met.
Regulation 4 of the amendment requires the Secretary of State to carry out a review of regulation 2 and regulation 3 of the same amendment at least every five years. The conclusions of the review must be published in a report.
*Staging is the process of adding a higher category entitlement to a driving licence, i.e. a category B driving licence would be needed before applying for provisional entitlement to drive a lorry or a bus.
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Jurisdiction: UK
Commencement: 26th May 2020
Amends: The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007
The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 implement requirements for drivers of HGVs and buses or coaches to pass a Certificate of Professional Competence (CPC). Note that this is separate and additional to the requirement to hold the correct category of driver’s licence.
Various amendments are made to the 2007 Regulations.
The following are added to the list of vehicles which are exempt from the requirement for drivers to hold an initial CPC (n.b. in all cases the requirements and associated exemptions only apply in relation to ‘relevant’ vehicles – see main text above):
The 2007 Regulations are also amended to provide for reciprocal recognition of the Swiss CPC and of associated periodic CPC training completed in Switzerland i.e.CPC and associated periodic training completed in Switzerland are recognised in the UK. A driver carrying evidence of these is not also required to hold UK documentation.
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Jurisdiction: Republic of Ireland
Commencement:
29th July for Amendment 6
8th August 2020 for Amendment 7
Amends: Road Traffic (Licensing of Drivers) Regulations 2006
The Road Traffic (Licensing of Drivers) Regulations 2006 set out requirements for the issuing of provisional and driving licences.
Driving licences that expired or are due to expire between 1st March 2020 and 31st August 2020 are extended for 7 months from the date of expiry specified on the licence. This extension applies to all categories listed on the affected driving licences.
A person aged 70 years or older applying for a learner permit or driving licence during the period 1st August 2020 to 31st December 2020 is not required to submit a medical report with their application
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