Summary of responses to the Public Consultation on the European Commissions Road Transport Proposals
Table of contents
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Proposals
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Introduction
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The operator regulation
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Question 1. Do you agree with the new requirement that operators are
‘effectively and stably’ established in the Member State?
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Question 2. Should PSV operators be required to specify an operating centre
that has adequate parking for their fleet? What problems, if any, might
this cause?
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Question 3. Do you agree that proof of financial standing should come from
the same Member State and be on the basis of short-term solvency or bank
guarantees and that such guarantees (even if secured on fixed assets)
should be binding? What impact will this have on smaller operators
that do not file annual accounts?
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Question 4. It is still unclear whether operators can use
accounts/bank sureties from the Crown dependencies (Isle of Man, Jersey and
Guernsey), as this Regulation will not apply in those territories. Would
that cause problems for some operators?
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Question 5 …Are the six-month maximum time limits for proving
effective and stable management and financial standing long enough?
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Question 6. Do you think that the current power of the Traffic
Commissioners and Transport Tribunal to grant a stay should be maintained?
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Question 7. Is two years enough time for operators to comply
with the requirements of the Regulation? If not, what period do you
consider reasonable?
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For Transport Managers
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Question 8. Do you think Traffic Commissioners should continue
to be able to exercise discretion over whether the transport manager(s)
working for self-employed drivers exercise effective control over the
business?
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Question 9. Does the maximum 4 operators/ 12 vehicle limit
proposed strike the right balance between operational flexibility and the
need to maintain effective and continuous control? What impact would this
have on UK operators?
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Question 10. Does the introduction of contractual arrangements
for transport managers ensure that responsibilities and liabilities are
clear? What impact would this have on operators?
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Question 11. What is your view of the proposals for an EU-wide
ban on transport managers guilty of serious infringements themselves or
held responsible for serious infringements of their undertakings?
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Question 12. Do you think that the national Certificate of
Professional Competence should be abolished?
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Question 13. What is your view of the Commission drawing up a
list of EU-wide common infringements leading to loss of good repute? Should
Traffic Commissioners continue to have the freedom to exercise discretion
in this area - for example to decide which infringements are more or less
significant?
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Question 14. What is your view on the 140 hours compulsory
training? What impact is this likely to have on UK operators,
particularly smaller ones?
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Question 15. Would the proposed abolition of ‘Grandfather
Rights’ in 2012 cause a problem for operators? If so, what cut off
year would you want and why?
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For holders of goods vehicle operator licences
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Question 16. Are any of the activities listed in Annex A
operated for hire or reward? We are very keen to know any that are, to
inform our position during negotiations. If so, is it reasonable for
them to meet the requirements of the proposed Operator Regulation?
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Question 17. What difficulties would those with standard
national licences experience if they were required to meet the requirements
of the proposed Operator Regulation.
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For holders of Restricted PSV operators’
licences
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Question 18. What proportion of restricted licence holders do you
estimate would be able and willing to obtain PSV operators’ licences
(rather than ceasing to operate vehicles with 9 or more passenger seats)
under the proposed regulation? If your company holds one of these
licences, how would it be likely to respond to this proposed regulatory
change
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For voluntary transport operators – permits under section 19 or
section 22 of the Transport Act 1985
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Question 19. What proportion of section 19 or section 22 permit
holders do you estimate would be able and willing to obtain PSV
operators’ licences (rather than ceasing to operate vehicles with 9
or more passenger seats) under the proposed Operator Regulation?
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Question 20. What proportion of section 19 or section 22 permit
holders do you estimate would be able to remain within the proposed
derogation, or to adapt their operating practices so as to come within it?
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Question 21. If you are representing a body holding one of
these permits, how would that body be likely to respond to this proposed
regulatory change?
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How the Operator Regulation would affect UK
Regulators
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Question 22. Do you agree with the establishment of national,
interconnected databases in all Member States?
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Question 23. Do you feel more sensitive data (such as licence
withdrawals/declarations of unfitness) should be electronically available
through the interconnected database or only available on specific request
from one national authority to another?
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Question 24. What is your view of targeted checks in each
Member State and the exchange of information about operators and transport
managers across Member States?
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Question 25. Do you think these proposals will enable UK
enforcement authorities to improve monitoring and enforcement of provisions
in relation to the quality of EU vehicles entering the UK?
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Question 26. Do you agree that the UK should press for the
vehicle registration mark of all vehicles used outside of an operators home
Member State to be recorded on the database?
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The Goods Market Regulation
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Question 27. What is your view of the proposed conditions of
when cabotage would be allowed? Would you prefer different
conditions? If so, please explain and provide your reasons?
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Question 28. Should there be a definition of the term 'a load'
in relation to cabotage journeys? If so, what would you suggest and
why?
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Question 29. What other documentation, apart from consignment
notes, carried by hauliers might the driver of a vehicle use as
satisfactory evidence that they are not in breach of the proposed cabotage
rules?
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Question 30. Do you think the proposed EU wide definition of
when cabotage is allowed would help UK hauliers to obtain new business in
other Member States? If so, please explain in what ways this might
happen
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The passenger market regulation
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Question 31. Do you agree with Article 8 of the proposed
Regulation which restricts the circumstances when the competent authorities
can reject a request for a regular service? If not, then please
explain why?
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Proposals relating to both the goods market and passenger market
regulations
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Question 32. Do you agree that the certified copies of
Community Licences should be standardised as suggested in the proposal?
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Question 33. What is your view on whether the certified copies
of Community Licences and the Driver Attestations including serial numbers
and a stamp or seal should aid enforcement on non resident operators?
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Other issues - the passenger market regulation
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Question 34. Do you agree that the UK Government should press
for the Passenger Market Regulation to exclude from the EU authorisation
regime local bus services within 50 kilometres of the Northern Ireland/
Irish Republic border, so these are left to the local authorities
concerned?
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General Comments
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Government response
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Annex A Respondents
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