Coming at the end of a busy and event-packed year for the UK’s haulage industry, reports suggest that hauliers choosing to switch vehicles on and off licence – thanks to a loophole in statutory guidance – are facing a clampdown. As such a senior traffic commissioner is consulting on plans to close it and stop the practice.
The move to close the loophole that allows hauliers to draw down HGVs which aren’t specified on any given operator licence was prompted by a decision made recently in the upper tribunal relating to a company that was itself making use of it ‘routinely & as a business practice’. This is activity is seen as counter to the core principles of the legislation.
Senior Traffic Commissioner – Richard Turfitt
Senior traffic controller Richard Turffitt has played a central role in the closure of the gaps in current legislation, with the amended guidance now stating…
“The number of vehicles applied for should include the amount required for use, as well as any extra to cover an increase in business or emergencies such as breakdowns. The upper tribunal has confirmed that the repeated switching of vehicles, with the intention of using them for only short periods of time, is not an appropriate way for an operator to conduct its business.
If a vehicle has only been removed from the licence temporarily and it remains an integral part of the business, it does not cease to be used and therefore must be specified. The question, therefore, arises as to how an operator might demonstrate that the removal of vehicles is more than temporary”.
The Dictionary Definition of ‘Temporary’ Being Adopted
The changes to the legislation are said to focus on adopting the dictionary definition of temporary – meaning lasting only for a limited time. However, that’s not the only matter being considered by the consultation which at present runs until the 16th of January 2023.
Also being requested is industry feedback on possible changes to the assessment process for transport manager applications. Taking evidence from outside of the United Kingdom, discussions are taking place to ensure consistent financial calculations and in turn, more fairness to all O-licence applicants.
Ending a Challenging Year Full of Tumult & Progress
While many hauliers have made use of the lack of clarity in the previous legislation with regard to vehicle licensing, it’s clear that it’s not something that should be allowed. Legislation like this exists for a reason and as such, shouldn’t be abused – even if it alleviates some of the current pressures many haulage companies are facing.
This news comes at the end of what has been a very challenging year for the industry but one that has seen progress being made. At HGVC, we’re proud to have been part of positive moves – such as the government-backed HGV Bootcamps our team has spearheaded.
We’ll continue to strive to address the driver shortage in 2023 with industry-leading, scalable HGV licence acquisition programs via our nationwide network of training centres. To find out more about us and what we do, please take a moment to browse our website.
All that’s left to say is we wish you a very happy Christmas and a prosperous New Year. In the meantime, if you would like to talk to our team about your HGV training needs, either click on ‘contact us or call us on 0333 818 8888.
