BIFAlink


Policy & Compliance


current system of allowing a maximum of three operations in seven days will remain unchanged. To prevent systematic cabotage, a “cooling off” period of four days will be introduced before further cabotage operations can be carried out in the same country using the same vehicle.


Contentious issue


One of the most contentious issues has been regarding the posting of workers. Under the new proposals, it is recognised that “a driver shall not be considered to be posted... when performing bi-lateral transport operations”. A “bi-lateral transport operation” in respect of goods is the movement of goods, based upon a transport contract, from the member state of establishment... to another member state or a third country, or from another member state or a third country to the member state of establishment.


On the way to the destination country, and on


the return journey, one additional activity loading/unloading is permitted in both directions. However, if no additional activity is undertaken on the outward leg, two activities can be undertaken on the return journey. Also, where a truck merely transits one member state on route from a host to a delivery country, the posting rules do not apply. For all other types of activity, including cabotage, the posting regime will apply from the first day of operation. One area of particular concern is that checking compliance will be difficult as the current technology does not permit this to be done easily: initially there will be an over-reliance


Support your local Member group


BIFA holds Regional Member meetings around the UK and listed right are those due to occur soon. If you would like to attend and find out more about BIFA and what we do, then contact the appropriate Regional Consultant to BIFA. All BIFA Members are entitled and


encouraged to attend their regional meetings however pre-booking with the named contact is essential. Full contact details are shown on page 3 of


this issue.


www.bifa.org


on the maintenance and retention of manual records. The solution is to fit second-generation smart tachographs, which will record additional activities such as loading/unloading, and border crossings. These will be introduced in a three- step phased approach: • Vehicles with analogue and digital tachographs will have to be retrofitted with the second- generation smart tachograph from 2024.


• Vehicles equipped with the first-generation smart tachograph will have to be retrofitted with the second-generation smart tachograph from 2025.


• New vehicles will have to have the second- generation smart tachograph on board from 2023. There is one other very significant change – light commercial vehicles exceeding 2.5 tonnes that operate internationally will have to have the second-generation smart tachograph on board from July 2026.


Region Southampton


Regional Members’ meeting London East


Regional Members’ meeting Heathrow


Regional Members’ meeting Anglia


Regional Members’ meeting Kent & East Sussex


Regional Members’ meeting Gatwick


Regional Members’ meeting Midlands


Regional Members’ meeting Stansted


Regional Members’ meeting Liverpool


Regional Members’ meeting Manchester


Regional Members’ meeting Heathrow


Regional Members’ meeting Date


The text of the agreement needs to be checked for legal compliance and to ensure that its is linguistically correct. Then it will need to be formally adopted, firstly by the council and then by the parliament.


Timeframe The timeframe for implementing all the changes will be considerable. The rules regarding driving times (including the return of drivers) will apply 20 days after the publication of the appropriate legislation. The rules covering the posting of workers and the market access proposal (including the return of trucks) will become applicable 18 months after the entry into force of the legal acts. It should be remembered that regardless of the outcome of Brexit, UK hauliers operating in the EU will have to abide by these regulations.


BIFA would like to thank Clecat for providing the information on which this article is based.


Time Venue


Tue 18 Feb 0800 Duke of Wellington, Southampton


Thu 20 Feb 1400 BIFA, Feltham Thu 20 Feb TBC Holiday Inn, Ipswich Orwell Tue 25 Feb TBC TBA, Dover Thu 27 Feb 1230 TBA Paul Newman Mike Jones


Tue 10 Mar 1000 East Midlands Airport, Paul Young Castle Donington


Tue 10 Mar 1130 Stansted Airport Mike Jones Tue 17 Mar 1030 Royal Liver Building Paul Young


Wed 18 Mar 1030 World Freight Terminal, Paul Young Manchester Airport


Wed 18 Mar 1400 BIFA, Feltham Mike Jones


BIFA Contact Mike Jones


Tue 18 Feb TBC London Gateway Port Paul Newman Mike Jones Paul Newman


18


February 2020


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