Transportable Pressure Equipment (UK)

UPDATE : recognition of EU Pi-marked TPE will end on 1st Jan 2023.

I posted earlier that the government started a consultation on ending the circulation (in Britain) of EU Pi-marked Transportable Pressure Equipment (TPE) post Brexit. This consultation concluded and the government response is here.

The government response states the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (as amended) will be further amended to end recognition of EU Pi-marked TPE. The purpose of the consultation was to establish whether this amendment should come into force by 1 January 2022 or by 1 January 2023. But there is no consensus on the date, and the government response gives no date.

Answering questions raised, the government response states –

* UK Rho conformity marking was introduced in the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (EU Exit) (Amendment) Regulations 2020 (amending the 2009 Regulations). Until the regulations are further amended Rho marking remains optional. When the amendment is made, the government response states TPE placed on the market in Britain must be Rho-marked by a GB-appointed body or Pi-marked by a Northern Ireland notified body and accompanied by the UK(NI) indication.

* Under the existing 2009 regulations, TPE can be carried between Great Britain and an EU member state as long as it complies with ADR/RID, even if it is not Rho-marked. Similarly, the European Dangerous Goods Directive 2008/68/EC and the European Transportable Pressure Equipment Directive 2010/35/EU permit the carriage of TPE between a member state and a non-EU country if it complies with ADR/RID, even if it is not Pi-marked.

* Under the Northern Ireland Protocol, Northern Ireland follows the requirements of the European Transportable Pressure Equipment Directive 2010/35/EU (the TPED). EU Pi-marked TPE is accepted in both Northern Ireland and the European Union, so a further conformity assessment would not be necessary to access the market in Northern Ireland. To access both the GB and EU/NI markets the government response states dual conformity assessments would be required.

* There are no plans to amend the regulations for smaller items of TPE. Under the already amended regulations, the minimum height of the Rho marking is reduced to 2.5 millimetres for smaller cylinders with a diameter less than or equal to 140 millimetres.

* As Northern Ireland continues to follow the requirements of TPED, TPE being placed on the market must be Pi-marked by a notified body established in the EU or Northern Ireland and Rho marked TPE will not be accepted onto the NI market. Periodic inspections of Pi-marked TPE also need to be compliant with TPED in NI and conducted by EU notified bodies.

* Periodic inspections of Rho-marked TPE will need to be undertaken by a GB-appointed body. As Britain is continuing to accept TPE which has been conformity assessed by bodies established in Northern Ireland, such bodies will be able to undertake periodic inspections on TPE accepted onto the GB market. The government response states multiple conformity marks are permitted.

The (2009 Regulations) law supplied in Cardinal Environment EHS Legislation Registers and Checklists already has the 2020 amendment included.

Post-Transition Borders Preparedness (UK)

On 10th Dec, the Chair of the EU Goods Sub-Committee wrote to the UK CDL Michael Gove with questions. The EU Goods Sub-Committee is a Lords Sub-Committee of the European Union Select Committee.

This letter is found here. The questions are identified in bold.

In November 2020 the Committee held five evidence sessions on preparedness for the end of transition, and the arrangements for the import and export of goods after the transition period.

The letter presents to the Government the key findings of the inquiries, asks urgent questions and makes recommendations.

Key Findings

• Crucial IT systems to deal with customs declarations and accessing Kent are still in testing and may not be ready for the end of transition.

• Small businesses will struggle to access these IT systems, or the services of the customs intermediary sector which appears to be under-resourced.

• The traffic management plan is vulnerable to closures, and the plan splits traffic well before drivers would normally make the decision on which route to take.

• Facilities for drivers are inadequate and will have serious welfare, safety and legal implications for those stuck in what may be delayed queues. Comfort breaks and sustenance have not been adequately considered or provided for.

• Animal welfare issues may arise for vehicles carrying livestock if they are stuck in queues for a long time.

• There is widespread uncertainty and the guidance provided by the Government has been complicated and unclear.

Separately (also in the week to 10th Dec), nine organisations involved in the supply of goods to the UK wrote to the UK transport minister Grant Schapps to warn that the current levels of congestion at the country’s leading container ports could continue for some time to come.

This report is here.

In response to pressures on local and national supply chains, the UK Department for Transport, pursuant to Article 14(2) of Regulation (EC) No 561/2006, introduced a temporary and limited urgent relaxation of the enforcement of EU drivers’ hours rules in England, Scotland and Wales.

These temporary relaxations apply from 12:01am on 10 December 2020 until 11:59pm on 30 December 2020, subject to review.

This notice is here.

COVID-19 Transport Guidance (England)

I posted yesterday that new transport guidance would be issued for England today.

The Department for Transport guidance is here.

The Transport for London guidance is here.

The instruction is to work from home where possible. Where this is not practicable, the information set out in these guidance pages should be followed.

COVID-19 New State Guidance (England)

UPDATE : FAQs are here

I posted this morning that new guidance would be published at 2pm today.

This new guidance comprises –

(1) the UK Government’s COVID-19 recovery strategy (60 pages) (England) – here

(2) new guidance on staying alert and social distancing (England) – here

(3) new guidance on staying safe outside the house – here

In addition, Transport for London has issued guidance asking for everyone to wear a non-medical face covering on public transport in London for the entire journey.

The London Mayor has also issued a video on social media asking all travellers on London public transport to wear a non-medical face covering for their entire journey.

The new state guidance (England) on how to wear and make a cloth face covering is here.

This is a lot to take in, and I will issue further separate Blog posts on the matter.

Workplace Organisation and Transport guidance will be issued tomorrow, so expect further Blog posts also then.

COVID-19 England Restriction Changes (England)

Last night, the UK Prime Minister addressed the nation signalling changes to the England COVID-19 Restrictions rules and guidance.

The transcript of this address (10 May) as delivered is here.

The Scottish First Minister had earlier in the day confirmed no changes in Scotland, and this had been followed by similar announcements by the leaders of the other devolved administrations, Wales and Northern Ireland.

At 2pm today, 50 pages of detail will be published, these will relate to England. At 3.30pm the UK Prime Minister will present a Ministerial Statement of the new COVID-19 Strategy to Parliament, and a debate will follow.

Tomorrow, 11 May, will see publication of new workplace guidance (I posted about this some days ago) and also new transport guidance.

I will post again when the 50 pages of detail is published.

A few details from the 10 May address (with additions from this morning’s press and media briefings and Ministers answering questions from the public) –

(1) changes will be made to outdoor exercise and transport rules, applying from Wednesday 12 May (England)

(2) those workplaces not listed in the restrictions law that had shut anyway should reopen from Wednesday 12 May (England) (adhering to new workplace guidance issued tomorrow 11 May)

(3) new transport guidance will be issued tomorrow 11 May for workers not able to work from home

(4) new outdoor exercise rules will apply from Wednesday 12 May (England)

(5) new published COVID-19 alert message (England)

(6) new published COVID19 alert levels (England)

(7) 14-day quarantine for arrivals at ports and airports (England) (date as yet unspecified)

Truckers’ Mobility Package (EU)

Two new EU Regulations and one EU Directive are being adopted imminently.

The Market Access Regulation – here – will become applicable 18 months after the Regulation enters into force

The Market Access Regulation sets rules on transport operations carried out within a national market outside a transport operator’s own country (‘cabotage’), the current system allowing a maximum of 3 operations in 7 days will remain unchanged. To prevent systematic cabotage, a ‘cooling-off’ period of 4 days will be introduced before further cabotage operations can be carried out in the same country using the same vehicle. A member state may apply these same rules to road legs of combined transport in its territory.

The Market Access Regulation will not apply in the UK.

The Posting Directive – here – will also become applicable 18 months after the Directive enters into force

The Posting Directive clarifies rules on the posting of drivers specifically how professional drivers in goods or passenger transport will benefit from the principle of the same pay for the same work at the same place. The general rule will be that if an operation is organised in such a way that the link between the driver’s work and the country of establishment remains intact, the driver will be excluded from posting rules. This means that bilateral transport operations are explicitly excluded. On the way to the destination country and on the way back, one additional activity of loading and/or unloading goods is permitted in both directions without falling under the posting regime, or there may be zero activity on the way out and up to two activities permitted on the way back. Transit is also excluded. For all other types of operations, including cabotage, the full posting regime will apply from the first day of the operation. Similar rules will apply to the carriage of passengers, with one additional stop during bilateral operations. The posting rules will also create a unified control standard, based on a communication tool developed by the Commission, to which the transport operator can send its posting declarations directly.

The Posting Directive will not apply in the UK.

The Driving Times Regulation – here – will apply 20 days after publication, with the exception of special deadlines for tachographs

The rules on maximum work and minimum rest times for drivers will remain unchanged. However, a degree of flexibility will be introduced in the organisation of work schedules for drivers in international freight transport to enable them to spend more time at home. Drivers will also have the right to return home every three or four weeks, depending on their work schedule.

The new rules confirm that the regular weekly rest period (at least 45 hours) must be spent outside the vehicle. If this rest period is taken away from home, the accommodation must be paid for by the employer.

Although the regular weekly rest period cannot be taken in a parking area, the EU will promote the construction and use of safe and secure parking areas. The Commission will develop standards and a certification procedure for such parking areas through secondary legislation. It will also create a website to make it easier to find these areas.

The Driving Times Regulation will apply in the UK, as Retained EU Law.

The three documents are, however, linked, it is a package. Since one will apply in the UK and the others will not, we will need to wait further instruction on the detail.

For example (re linkage) – to ensure a level playing field between operators using different vehicles, rules on access to the European road haulage market, as well as driving and rest-time rules, will be extended to cover vans used in international transport (light commercial vehicles of over 2.5 tonnes), with a transition period of 21 months for market supervision, and until the middle of 2026 for tachograph and rest‑time rules.

Also (re linkage) to combat the phenomenon of ‘letterbox companies’, the new package tightens the link between the transport operator’s place of establishment and its activities. To ensure that the link is genuine, trucks in international transport will have to return to the company’s operational centre at least once every eight weeks. This eight-week period is designed to allow drivers to return home, together with the vehicle, at the end of their second four-weekly work cycle.

One key element for improving enforcement is having a reliable way to register when and where the truck has crossed a border and to localise loading and unloading activities. The second version of the smart tachograph will do all this automatically. It will be introduced in three different stages for vehicles carrying out international transport. New trucks will have to be fitted with this device in 2023; those vehicles which have an analogue or digital tachograph will have to be retrofitted by the end of 2024; and those equipped with a ‘version 1’ smart tachograph, in 2025.

To improve cross-border monitoring of compliance, the text also modernises the rules for information sharing and administrative cooperation between member states.

COVID-19 Factory & Transport Guidance (UK)

Manufacturing, factories and transport operations are not listed as restricted operations and are expected to stay open, with the workplace adjusted to ensure social distancing, and symptomatic workers sent home to recover. Some operations will also be able to be carried out via home working.

Transport workers are classed as essential workers with respect to their children attending school.

Guidance (rules) issued so far –

(1) food businesses – here

(2) Northern Ireland food and drink industry guidance – here

(3) transport – here

(4) freight transport – here

(5) marine settings of shipping and ports – here

Guidance (rules) for all employers, employees and businesses is here.

Guidance (rules) on cleaning is here.

The Health and Safety Executive also has guidance (rules) – here. (I blog posted about this yesterday)

Health and Safety Executive Northern Ireland guidance (rules) – here

Temporary Guidance re Drivers (COVID-19 UK)

UPDATE : the government instructions (dated 20 March) are here

The Health and Safety Executive (HSE) bulletin service issued a notice re drivers on temporary arrangements for hours of work and access to welfare facilities – here

(1) All drivers must have access to welfare facilities in the premises they visit as part of their work.

More information is here

(2) The Department for Transport (DfT) announced 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:

• food

• non-food (personal care and household paper and cleaning)

• over the counter pharmaceuticals

Driver safety must not be compromised, and they should not be expected to drive whilst tired.  Employers remain responsible for the health and safety of their employees, other road users, and anyone involved in loading and unloading vehicles.

Further information is here

Freight transport COVID-19 guidance is here

ECMT International Road Haulage Permits (UK)

Reminder (I posted about this before) the deadline for application for ECMT permits for use in 2019 is 11:59pm on Friday 21 December 2018 – Friday week.

Here is information.

ECMT permits are in short supply.

Commercial Driving in the EU – further instruction (UK Brexit)

I posted recently with the UK Department for Transport (DfT) notice about International Road Haulage in the Brexit Preparedness context.

On Monday last (5th November) DfT issued its instruction on the allocation of the very limited number of ECMT permits that will be made available. Note: applications open shortly.

This ECMT permit allocation instruction and what hauliers must do next is here.

For 2019 only 984 annual permits for Euro VI emission vehicles, 2,592 monthly permits for Euro VI emission vehicles, and 240 monthly permits for Euro V or VI emission vehicles will be available. Annual permits will cover all journeys made using the permit between 1 January and 31 December 2019. Monthly permits will be valid for all journeys within 30 days of the start date listed on the permit.