The information that follows is as issued from; Department for TransportDriver and Vehicle Standards Agency, and Traffic Commissioners for Great Britain click on each authority name to be taken to their website and all links to more in-depth relevant information items relating to the information within this bulletin. This update concerns major EU changes that will occur during 2022, with changes to Operator Licensing and Transport Management implemented on 21 May 2022.

The initial changes commenced in February.

Register road haulage journeys within Europe from 2 February 2022

Check which types of journeys you will need to register online if you transport goods within Europe using a car and trailer, van or HGV from 2 February 2022.

More detailed information concerning cars, vans, and those that pull small trailers can be found at the link below. There are numerous links on the landing page, which are applicable which take you through to the most up to date information.

Transport goods in Europe in vans or car and trailers – GOV.UK (www.gov.uk)

Registering journeys

From 2 February 2022, you will need to register the details of some journeys within the EU, Iceland, Liechtenstein and Norway before the journey starts.

This will apply to you if you use vans of any size or other light goods vehicles (sometimes called ‘light commercial vehicles’) including:

  • vans towing trailers
  • cars towing trailers

Which journeys you must register

You must register the journey if you transport goods between 2 points in the EU, Iceland, Liechtenstein and Norway for commercial purposes. This means that you load goods at one point and unload them at another point in any of these countries.

Your drivers are sometimes called ‘posted workers’ if they’re working on a journey like this.

These journeys include the following types of work:

Cabotage jobs – Cabotage is loading goods in one of these countries and unloading them at a different place in the same country, using a vehicle registered in the UK.

Cross-trade jobs – Cross-trade is loading goods in one of these countries and unloading them in different one of these countries, using a vehicle registered in the UK.

Moving goods for your own business’ use – You must also register journeys where you move goods for your own business’ use between these countries. This includes if your business is not mainly about moving goods.

If you’re a Northern Ireland vehicle operator

You will need to register journeys within Ireland if they are covered by the rules.

Journeys that will NOT NEED to be registered

You will not need to register the journey if it’s:

  • using a vehicle not carrying goods
  • from the UK to one place in Europe, where you can both unload and load goods
  • from the UK to Europe, and you unload goods at more than one place in Europe (but you cannot load goods in Europe)
  • from Europe to the UK, and you load goods at more than one place in Europe (but you cannot unload goods in Europe)
  • from the UK to a non-European country (but you cannot load or unload the goods while you’re in Europe)

Register the journey

Registering the journey is sometimes called a ‘postings declaration’.

The online service to register journeys has been developed by the EU.

There is no fee to register a journey.

When you register the journey, you will need the following:

  • your vehicle operator licence number (if you have one)
  • contact details for your transport manager or another contact person in the UK (this is so that EU Countries can ask for further documents)
  • your drivers’ names, addresses and driving licence numbers
  • the dates your drivers’ most recent employment contract with you started (or the contract with the agency if you’re using agency drivers)
  • the type of employment contract
  • the estimated start and end dates of the journey
  • the vehicle registration (number plates) of the vehicle and trailer

If you do not register, you will receive penalties.

Operator Licensing

From 21 May 2022, you will need a standard international goods vehicle operator licence to transport goods in the EU, Iceland, Liechtenstein, Norway and Switzerland.

This will apply to you if you are based in Great Britain or Northern Ireland and use:

  • vans or other light goods vehicles (sometimes called ‘light commercial vehicles’) including:
  • vans towing trailers
  • cars towing trailers

You will need to either:

  • add the vehicles to your goods vehicle operator licence (if you already have one)
  • get a goods vehicle operator licence for the first time

New Licence Applications for a Light Goods Vehicle operator licence

All operator licence applications are carried out online, with the average timescale being approximately 7 weeks. To apply for a van or other light goods vehicle operator licence this landing page will also explain other items relating to licence applications, including financial requirements, fees, driver CPC, Drivers Hours Rules, transport management and permits. At the bottom of the page there is a green button, click on this to start your application.

The new rules will apply to you if you use:

  • vans with a maximum authorised mass (MAM) over 2,500kg (2.5 tonnes) and up to and including 3,500kg (3.5 tonnes)
  • vans towing a trailer with a gross train weight (GTW) over 2.5 tonnes and up to and including 3.5 tonnes
  • cars towing a trailer with a GTW over 2.5 tonnes and up to and including 3.5 tonnes

Licence application costs

It costs £257 to apply for a goods vehicle operator licence.

If your application is successful, you need to pay £401 for the licence, which lasts for 5 years. You will then have to pay a continuation fee every 5 years to keep your licence active. The current fee is £401.

Proof of finance you must have available to operate

By law, you need to prove that you have access to a set amount of finance to run your business. The amount you need depends on how many vehicles you have.

You must have £1,600 available for the first vehicle in your fleet. You need an extra £800 per additional vehicle in your fleet.

Example

You have a fleet of five vans.

You need to have £1,600 for the first van.

You then need £800 each for the remaining four vans (£800 × 4 = £3,200).

To run 5 x vans, you therefore need to prove you have access to funds of at least £4,800 (£1,600 + £3,200).

You will NOT NEED a goods vehicle operator licence if any of these apply:

  • you only use your vehicles in the UK
  • you are transporting goods on a non-commercial basis (not for ‘hire or reward’)

Get professional advice if you are not sure if the rules will apply to you.

Transport manager

You will need to have a transport manager. This is someone responsible for things such as:

  • planning routes and scheduling delivery times
  • managing your team of drivers and administration staff
  • making sure drivers follow company and industry regulations
  • arranging vehicle maintenance, MOTs and tax payments
  • organising vehicle replacements

You will be able to either:

  • Option 1 – use an existing member of staff (including yourself) who is not qualified as a transport manager, but has managed fleets of vehicles for at least 10 years before 20 August 2020
  • Option 2 – employ someone with a transport manager qualification (called a Transport Manager Certificate of Professional Competence – or ‘CPC’)
  • Option 3 – hire in an external qualified transport manager

See options below in more detail.

Option 1: use someone who does not have a Transport Manager CPC

If you decide to use someone who does not have a Transport Manager CPC, the person will need to have at least 10 years of experience managing fleets of vehicles before 20 August 2020.

They need to apply to have their experience recognised so they can become a temporary transport manager (sometimes called having ‘acquired rights’). This means they will be treated as having the Transport Manager CPC for a period. The deadline for applying is 21 May 2024. It is free to apply.

Apply to be a temporary transport manager.

If the application is successful, the individual will be recognised as a transport manager until 21 May 2025. They will need to pass the CPC qualification by that date to continue as a transport manager.

After they have qualified, they will need to keep up a high-quality professional knowledge of transport industry rules and policies. They can take transport manager refresher courses to help them do this, which is usually 2 days every 5 years, plus any further training that maybe requested by the Traffic Commissioners office.

Option 2: employ someone with a transport manager qualification

You can employ someone with a Transport Manager CPC qualification.

You need to make sure they keep up a high-quality professional knowledge of transport industry rules and policies.

Option 3: hire in an external transport manager

You can ‘hire in’ an external transport manager. They are not someone on your payroll, but they have a contract with you to act as your transport manager.

You must:

  • have a contract with them which sets out the tasks they’ll perform as your transport manager
  • make sure they only work for a maximum of 4 vehicle operators (including you), managing no more than 50 vehicles in total across all the operators

Driving staff, Drivers Hours Rules & Tachographs

You probably already have driving staff that fulfilled the role of a Light Goods Vehicle driver, however, their roles will become more professionally focused, and you will be required to ensure that happens via training.

The following link gives more information on Running a fleet of vans – GOV.UK (www.gov.uk) and the new rules that came into effect on 21 May 2022.

Drivers you use or employ

You must make sure that any drivers you use or employ have the correct licence and training.

As an employer, you must:

  • monitor your mobile workers’ working time
  • make sure they don’t go over the limit
  • record working time and keep the records for at least 2 years

DVSA encourages all van drivers to take a 45-minute rest for every 4.5 hours of driving. This is in line with EU drivers’ hours rules.

Tachographs record information about driving time, speed and distance. They are used to make sure drivers and employers follow the rules on drivers’ hours.

Your drivers can read a guide about the basics of driving a van for more information on:

  • who can drive what types of van
  • the rules on speed limits
  • weight limits and loading
  • drivers’ hours
  • maintenance

Find out more about:

Documents your driver will need to carry

From 2 February 2022, your driver must carry a digital or physical copy of the information you register for the journey.

The rules are not changing for the other documents your drivers will need. They will still need to carry all of the usual:

  • vehicle and trailer documents
  • driver documents – including tachograph records
  • export documents – including an electronic consignment note (e-CMR) or a paper CMR

Your drivers will receive penalties from the enforcement authorities in the European countries they are stopped in if they do not have the right documents.

Documents European Country Authorities can ask you for

From 2 February 2022, enforcement authorities in EU countries, Iceland, Liechtenstein and Norway, will be able to ask you (as the operator) for:

  • copies of all the documents that drivers have to carry
  • documents about the driver’s pay during the journey, their employment contract and timesheets for their work

You must upload the information you are asked for using the online service. You must do it within 8 weeks of being asked for it.

The Traffic Commissioners for Great Britain or the Transport Regulation Unit in Northern Ireland will be able to take action against you if you do not upload the information.

Check your drivers’ licences and ID

You should:

  • know who is driving your vans for work by requesting references from their previous employers
  • take more than one form of ID from drivers and cross-check them with their driving licence details
  • make sure you follow the same ID process for agency drivers – you’re responsible for them when they’re driving your vans
  • check all your drivers have a valid driving licence for driving your vans – keep copies on file
  • check driving licence details regularly – especially for drivers with 6 points or more

You can do this by using an Online Driver Licence Bureau. This saves you consider time checking licenses manually and will cost no more than £5 per driver check, of which you will need 3 to 4 annually.

Check and improve your drivers’ ability

You should:

  • assess all newly qualified and newly employed drivers to make sure they’re capable of driving your vans
  • provide extra driver training so they can safely handle larger non-car based vans
  • record assessments and training to show you’ve addressed any driver-related risks
  • regularly check your drivers are fit to drive and make sure they’re free from the adverse effects of alcohol and drugs
  • ask your drivers to make a written statement declaring they’re entitled to drive and have no driving-related health issues
  • carry out regular eyesight checks for your drivers to make sure they have no visual impairments which could affect their driving over time
  • log and analyse all driver incidents including any disciplinary action or training

A Driver training company such as ourselves (Ridgeway Training Ltd), to ensure your drivers are fully ‘up to speed’ with what is expected of them.

Check your drivers know the rules

You should make sure your drivers fully understand the rules they have to follow, including:

Loading and Overloading

You must not overload your vans. They have a ‘design gross weight’. This is the maximum weight your van can weigh when it is loaded. It is sometimes called the ‘gross vehicle weight’ or ‘laden weight’.

This weight limit is on the vehicle identification number (VIN) plate in your van.

The design gross weight is the total combined weight of:

  • vehicle
  • driver (and any passengers)
  • fuel
  • the load and anything the van is carrying

Maintenance

Check and repair your vans

You should:

  • carry out daily walkaround checks before using your vans and record any defects
  • fix any major defects before your vans are sent out
  • keep a record of your van repairs

Maintain your vans

You should:

  • service your vehicles to at least the minimum standard in line with the manufacturer’s guidelines
  • get qualified people to frequently check safety critical components like brakes if your vans are subject to demanding work
  • make sure your vans are always insured, taxed and MOT’d and document this process

Keep records

You should keep records of the following for at least 15 months as part of an effective maintenance system:

  • defects
  • maintenance
  • repairs
  • servicing

Use suitable vans

You should:

  • use the right vans with the right size, load capability and equipment for the job
  • not load vans beyond their design gross weight
  • maintain fitted specialist equipment like tail lifts and tow bars

Manage risks and costs

You should:

  • fit a 70 miles per hour (mph) limiter on vans used on the motorway – most vans use 25% more fuel at 80 mph than at 70 mph
  • fit parking sensors to protect pedestrians, employees and your vans in crowded urban areas

Speed Limits for light commercial vehicles.

Under European regulations, all light commercial vehicles between 3.5 tonnes and 7.5 tonnes must be restricted to 56mph electronically.

There are exceptions to the basic rule for van speed limits: car-derived vans and dual-purpose vehicles. The speed limits for these commercial vehicles are the same as cars.

Speed limits in each country within the EU are not as straightforward as you think, therefore if you want to know the many variables that have to be obeyed in the countries you are passing through or loading and/or unloading in, please contact us at info@ridgewaytraining.co.uk

Sources

Department for Transport,

Driver and Vehicle Standards Agency,

Traffic Commissioners for Great Britain

Existing International HGV Operator Licence Holders

Existing operator licence holders

You will need to add your vans, cars and trailers to your existing goods vehicle operator licence if you wish to use them to transport goods in the EU, Iceland, Liechtenstein, Norway and Switzerland. You will not need to assign them to an operating centre.

You will be able to add your vehicles to your operator licence as required, as long as you have sufficient margin on the licence to cover the additional number of vehicles to be operated.

All information pertaining to Light Goods Vehicle operations is documented above.

There are different goods vehicle operator licensing fees in Northern Ireland.

The Traffic Commissioners for Great Britain or the Transport Regulation Unit in Northern Ireland will be able to take action against you if you do not add the vehicles to your licence.

Insufficient Licence Margin

You will need to pay £257 to make a ‘major variation’ if you need to increase the vehicle limit on your licence.

The variation is now made online. Start by logging into your operator licence, you will need to select your valid licence number on your home page and then the ‘Operating Centre and Authorisations’ tab.

You then select to “change your licence” and it will allow you to amend the details.

To do this, you will then need to click on your underlined operating centre address where the new vehicles will operate from and where you can then edit the boxes to show the number of vehicles required. Once done, press “save”.

If you have more than one operating centre, select the one the changes are to be made at.

Once this is done, you will need to advertise those vehicles changes.

You can print off an advert template by clicking on “guidelines” in the advertisement section and when completed you then need to go back into the application and amend the “total authorisation” boxes to match the number of vehicles/trailers you have saved at your operating centre address.

Complete each stage in the variation process and then pay and submit the application.

Changes to your ‘financial standing’

By law, you will need to prove that you have access to a set amount of finance to run your business (‘financial standing’). The amount you need depends on how many vehicles you have.

You must have £8,000 available for the first HGV vehicle in your fleet. You need an extra:

  • £4,450 per additional HGV in your fleet
  • £800 per additional van or car and trailer in your fleet

Changes to your transport manager’s responsibilities

Your transport manager will become legally responsible for all the vehicles on your operator licence, in addition to the HGVs and trailers already on it.

Click here to download the Driving for Better Business – Van Driver Toolkit