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Jurisdiction: United Kingdom
Commencement: 19th August 2024
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:
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.
Schedule 3 is amended to:
*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.
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Jurisdiction: Northern Ireland
Commencement: 11th April 2022
Amends:
The Waste Management Licensing Regulations (Northern Ireland) 2003 bring into operation the waste management licensing system under Part II of the Waste and Contaminated Land (Northern Ireland) Order 1997. These Regulations apply to those persons involved in the collection, storage, treatment and disposal of controlled waste.
The Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999 make it a criminal offence for a person who is not a registered carrier to transport controlled waste to or from any place in Northern Ireland. It also provides for the seizure and disposal of vehicles used for illegal waste disposal. These Regulations also establish a system for registration of carriers of controlled waste.
Amendment
The Waste Management Licensing Regulations (Northern Ireland) 2003 and The Controlled Waste (Registration of Carriers and Seizures of Vehicles) Regulations (Northern Ireland) 1999 are amended to increase the fees and charges for the registration of brokers, dealers, and carriers of controlled waste. The fees are as follows.
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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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Jurisdiction: UK
Commencement: 22 July 2020
Amends:
This Act has been brought into force to support economic recovery and growth following the disruption caused by COVID-19. It makes temporary and permanent changes to the licencing and planning regimes in the UK.
This entry gives a high-level overview of the changes made with a focus on environmental and health & safety matters. It does not place any direct compliance duties on organisations.
Part 1 of the Act deals with ‘pavement licences’ which can be applied for by businesses selling food and drink from the local authority for the placement of furniture, such as tables and chairs, on the pavement outside their premises. Alcohol licensing changes are made to allow relevant businesses to serve alcohol for consumption off the premises.
Test certificates and driving licences
Part 2 of the Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.
In order to avoid excessive test demand in the coming months, powers are expanded for the Driver and Vehicle Standards Agency (DVSA) to issue certificates of temporary exemption to safer vehicles to ensure capacity within the testing regime is maintained for higher risk vehicles.
Under the Road Traffic Act 1988, drivers that are 45 years or older applying for a first licence or renewing a lorry or bus licence have to provide a medical report. Due to pressures on the NHS, doctors have been unable to meet the demand for completing these reports. A scheme to issue 1-year licences without a medical report was implemented on 5th May 2020 and this Act makes the legal changes required to the 1988 Act to make the scheme enforceable.
Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 1990 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required.
A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented.
In addition, the expiration of certain un–implemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic.
Un–implemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval’ being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land.
In the application for additional environmental approval, details of the following have to be provided:
Further information will be required if the original planning permission was subject to an EIA and/or a Habitats Regulation Assessment including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020.
Part 3 of this Act also amends the Planning (Listed Buildings and Conservation Areas) Act 1990. The expiration of certain un–implemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the Planning (Listed Buildings and Conservation Areas) Act 1990 modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021.
The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed through an amendment to the Greater London Authority Act 1999.
Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 19901 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required.
A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented.
In addition, the expiration of certain un–implemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic.
Un–implemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval’ being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land.
In the application for additional environmental approval, details of the following have to be provided:
Further information will be required if the original planning permission was subject to an EIA and / or a HRA, including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020.
Another change made is the powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
Part 3 of this Act amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (‘the 1990 Act’). The expiration of certain unimplemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This is due to delays experienced within the construction sector because of the COVID-19 pandemic.
The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.
Part 3 of this Act amends the Planning (Hazardous Substances) Act 1990 to change the powers for local planning authorities in England to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. There are no changes to any duties for organisations.
The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed due to the current COVID-19 pandemic. There are no changes to any duties for organisations.
Part 2 of this Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.
In order to avoid excessive test demand in the coming months, powers are expanded for the Driver and Vehicle Standards Agency (DVSA) to issue certificates of temporary exemption to safer vehicles to ensure capacity within the testing regime is maintained for higher risk vehicles.
Under the Road Traffic Act 1988, drivers that are 45 years or older applying for a first licence or renewing a lorry or bus licence have to provide a medical report. Due to pressures on the NHS, doctors have been unable to meet the demand for completing these reports. A scheme to issue 1-year licences without a medical report was implemented on 5th May 2020 and this Act makes the legal changes required to the 1988 Act to make the scheme enforceable.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
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