IR35 changes – engaging drivers through personal service companies

Do you engage drivers through their own personal service companies directly or through an agency? Have you reviewed the basis upon which you engage these drivers? Are you aware that some changes are due to come into effect in April 2020? Are you comfortable that you will be IR35-compliant when the changes come into effect in April 2020? With ef......

Goods & Passenger Operators: financial standing levels from 1 Jan 2020

The readily accessible amounts required by Standard National and International operator’s licence holders remain unchanged as follows, writes Tim Ridyard of Ashtons Legal: First vehicle: £8,000Additional vehicles: £4,450 The total amount required is for the entire licence authorisation, regardless of the number of vehicles actually used on the li......

A Christmas update

Our Ashtons Legal Transport & Regulatory Team extend to you and everyone at your business all our best wishes for Christmas and for 2020. During the course of the year, we have continued to support our established clients but have been engaged by many new ones across a range of transport, logistics and other sectors. We look forward to continuing......

Mobile phone law must be changed, says Transport Committee

The House of Commons investigation into the use of mobile phones and other devices whilst driving has published its recommendations, writes Tim Ridyard of Ashtons Legal. The main proposal, accepted by the Government, is that there should be created a new definition of the offence of driving while using a mobile phone or other device…. &nbs......

International road transport: added No Deal processes, documents & burdens

“With the question of whether the UK will leave the EU without a ‘deal’ or not still in a state of flux, operators and drivers need to be conscious of the procedures and documents to be in place in the event of ‘no deal’, on October 31 or on a date thereafter“, writes Tim Ridyard of Ashtons Legal solicitors. The exact details of all these systems......

Trailers: no changes after safety review

A recently published Government report has been considering the safety of trailers to consider whether mandatory testing of all of them should be introduced as well as mandatory registration, writes Tim Ridyard, head of Ashtons Transport team. It has decided not to pursue either based on the research carried out and its evaluation. The study conce......

New Guidance: use and safety of tail lifts

A tragic tailgate accident, where Petru Pop died after being crushed by an 1100 kg pallet of tiles, in High Wycombe in November 2018, might not have happened if pending Guidance for the safe use of tail lifts had been in place at the time, writes Tim Norris of Ashtons Legal road transport team.  This Guidance regarding the use and safety of t......

Mobile phones: ‘Tougher restrictions’ and ‘stricter enforcement’ required

A series of significant restrictions on mobile phone use whilst driving is recommended by the Commons Transport Select Committee in a report published on 13 August: Road Safety: driving whilst using a mobile phone. This report comes hot on the heels of the recent appeal case that highlighted the legal limits of the current mobile phone offence. Th......

Preventing lorries being used as weapons (‘VAWs’)

Countering Vehicle as a Weapon: Best Practice Guidance for Goods Vehicle Operators and Drivers has just been released by the Department for Transport and addresses VAW attacks. VAW stands for ‘Vehicle as a Weapon’. Such an attack requires relatively low level preparation and little or no training but is potentially devastating in its impact. The g......

Mobile phone case no 'green light to make films' as you drive

The 31 July 2019 Decision in DPP v Barreto [2019] EWHC 2044 (Admin) concerns what use of a hand-held mobile phone whilst driving is lawful and what is unlawful. However, even if no mobile phone offence is committed the case stresses how using a hand-held mobile phone in non-intercommunicative ways may still be careless or dangerous driving – with......

Safer people, safer vehicles and safer roads

Fleets, HGVs, possible restrictions for new young drivers, older drivers, penalty points for no seatbelts and better drink-drive enforcement are amongst the very wide range of road traffic law issues coming under scrutiny in a Road Safety review to start later in 2019 with some possible changes in force starting as soon as 2020. The aim is to elim......

Using older tyres will soon be an offence

The government intends to introduce legislation that will make it an offence to use tyres 10 years or older on certain vehicles. These vehicles are: HGVs over 3.5 tonnesheavy trailers, including semi-trailers, over 3.5 tonnesbuses, coaches and minibuses. Smaller vehicles including cars, motor caravans or trailers (3.5 tonnes or under) and carava......

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