HTA 30th Anniversary Yearbook 2013

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30th Anniversary Yearbook

Chairman’s Foreword



Chairman’s Foreword


2013 is a very special year for the Heavy Transport Association, as 30 years ago, in 1983, it was formed by a small group of hauliers with a common aim of bringing clarity to the rules and regulations that governed their industry and to introduce and promote best practice. 30 years on and it is my great pleasure to welcome you to the HTA 30th Anniversary Yearbook. Winston Spencer Churchill was one of the finest leaders of our great country who was famous for many things, not least of all his inspirational speeches of the second World-War. He said: “Victory is the beautiful, brightcoloured flower. Transport is the stem without which it could never have blossomed.” His words are particularly apt, as without transport and road haulage our country would quickly grind to a halt, and without the heavy

haulage industry great structures could not be built. The work undertaken by members of the HTA ensure that the petrochemical plants, wind turbine farms, Olympic stadia, McDonalds restaurants, shopping centres, highways and bridges, and power stations are built and that vast engineering equipment is moved to places it is needed. More importantly the professionalism of HTA members make sure that these movements are planned and executed on time with public safety paramount in our minds. We are the true professionals of heavy haulage. The HTA is at the forefront of developing safety initiatives. In order to further promote safety and to enhance the skills and knowledge of members the HTA is currently working with the Association of Industrial Road Safety Officers (AIRSO), Skills for Logistics (SfL), the City & Guilds

(C&G) and industry partners to develop two qualifications that will set industry-wide standards for the safe escorting of wide and heavy abnormal loads in accordance with the Highways Agency Code of Practice for Self Escorting. We are proud that these much needed qualifications were completed in 2013 and courses developed for delivery in 2014. The qualifications will be relevant to not only our industry but to all who need to escort these loads and vehicles – crane operators, heavy agricultural machinery like combine harvesters, and the caravan industry. The founder members of the HTA would be proud of the progress we have made in the 30 years since they met together for the first time. We in turn are proud of our heritage and the way we now represent our members and advise others on the safe and best

way to do things. Attending meetings at National and International organisations and bodies, (one of our committee members and former chairman is the President of ESTA), speaking at conferences, articles in national magazines and other trade publications and representing our members through the House of Commons and Ministers. It is fair to say that we probably punch above our weight and achieve more than might be expected. If you want the job doing well, safely, on-time and on budget whether it be moving an abnormal load, planning and coordinating or professional trained escort drivers – then choose an HTA member. I am proud to be Chairman of the Heavy Transport Association and commend this 30th Anniversary Yearbook to you.

John Rodell Chairman 3

Secretary’s Foreword



Secretary’s Foreword


I recall vividly my first HTA meeting in 1990. I was the rookie, and apart from Jonathan Lawton, the only Solicitor present. The meetings were chaired by Brian Rawcliffe and as was the case in those days everyone smoked – except me that is! Meetings were, to say the least, conducted through a white hazy fug! Then there were the free ranging ‘discussions’ at general meetings. I recall what a struggle it was to understand the technical terms and jargon that were being bandied about and trying to work out who was saying what to whom! Once Jim Macauley got going that was another story altogether! You certainly knew when Jim Macauley and Geoff Johnson were in town! Producing minutes of meetings (often sanitised) was to say the least a demanding and nerve racking experience for a young lawyer!

I pay tribute to all the members of the committee both current and former who have contributed so much to the association. I also pay tribute to The Earl Attlee who attended a great many of our meetings during his Presidency and spoke up for the heavy haulage industry in the House of Lords. However I would like to pay particular tribute to Hugh Wilson who has been a real stalwart of the association. Whilst on the committee Hugh hardly ever missed a meeting and supported the working groups and committee for many years. Hugh’s was very often the voice of reason when issues were being debated and I was always grateful for his good sense and counsel. I would also like to express thanks to Paul Freeman who is a walking encyclopaedia of knowledge on abnormal load regulations - Paul’s favourite saying (when discussions turned, as they so often did, to

concerns about the approach of various authorities to the regulation of abnormal loads) was – “they haven’t got a clue what they’re doing!” I would also like to pay tribute to Dave Collett and John Rodell who have both put in a great deal of effort respectively as former and present chairman of the association. I would like to congratulate David on his election to President of ESTA which is a marvellous and justly deserved endorsement and recognition of his contribution to the industry. In the case of John, I think it fair to say John has got to grips with many of the issues that have arisen during his chairmanship. In particular the development of qualifications for the safe escorting of wide and heavy abnormal loads which is largely down to John and which is a great achievement for the association.

Finally I would like to thank our co-ordinator Katharine Narici. Without Katharine’s hard work and determination over the years the administration and management of the association would have greatly suffered.

John Dyne LL. B (Hons) MinstTA Secretary. 5




Inside 03. Chairman’s Foreword 05. Secretary’s Foreword 08. A Memory of the Heavy Transport Association 10. HTA Timeline: 1983-2013

138. Charles Russell Transport Group

76. Ten Simple Mistakes Operator’s Licence Holders Make

142. TomTom

77. Transport Manager’s for Operator’s Licences

188. HTA Member & Industry Suppliers

18. GCS Johnson 22. What is ESTA?

Road Transport Law

26. King Trailers Ltd 28. City & Guilds

46. Company Law

36. Vehicle Type Approval

48. Driver CPC

38. Security of Abnormal Loads Do’s and Don’ts

51. Drivers’ Hours Rules

40. TII Group

52. Driving Licences

42. Unlawful Levy of Charges

54. Tachographs - Operator’s Responsibilities

79. Dyne Solicitors Limited

56. Employment

98. Goldhofer

58. Health & Safety at Work

118. Hankook

62. Load Security

120. TyrePal

64. Operator Licensing

122. P&O Ferries

66. Overloads

124. HTA 30th Anniversary Dinner

68. Public Inquiries

126. ESDAL

72. Driver Conduct Hearings

128. The FairFuelUK Campaign

74. Road Transport Litigation

134. AS24

75. 7 Deadly Sins

Trailer Manufacturers 148. Goldhofer 150. King Trailers

76. Waste Management

152. Nooteboom

80. Wheel Security

154. DOLL

82. Drink Driving

156. John Hudson Trailers Ltd

84. Driver Daily Checks

158. Faymonville

87. Driver’s Medical Requirements

160. Broshuis 162. TII Group

88. Fixed Penalty Notices 90. Working Time Rules

Vehicle Manufacturers

92. ADR & Dangerous Goods 94. International Transport

166. DAF

100. Abnormal Loads

168. MAN

104. Abnormal Load Notification: Is there an easier way?

170. Mercedes-Benz

108. Lighting and Marking for Abnormal Load self escorting vehicles incorporating Operating guidance

174. Volvo

112. Lighting and Marking for Special Order, VR1, STGO and C & U Loads 116. Core Values & Principles

172. Scania

General & Specialised Operations 178. Collett & Sons Ltd 182. WWL ALS & GCS Johnson 186. Faymonville

VOSA and the DSA are joining to become DVSA the Driver and Vehicle Standards Agency A new agency with responsibility for maintaining vehicle standards has been launched as the Driver and Vehicle Standards Agency (DVSA). The new agency, which employs 4,600 people throughout the UK, will replace the Driving Standards Agency (DSA) and the Vehicle and Operator Services Agency (VOSA) with responsibilities for setting, testing and enforcing driver and vehicle standards in Great Britain. There will be a gradual introduction of the new agency name ahead of the formal launch in April 2014, with no change to the level or quality of services during the transition period. DSA and VOSA will be incorporated within the new agency and the new branding will reflect this until their services and trading funds are brought together over the next financial year Disclaimer: The Heavy Transport Association (HTA) and Kayleigh Media (KM), part of Nimble Media Ltd, have taken care to ensure that the information contained in this publication is accurate in all material respects. The HTA, KM and Nimble Media Ltd shall not be liable for any losses suffered or expenses incurred howsoever or wheresoever arising whether directly or indirectly and whether consequential or otherwise due to any inaccuracy of the information contained. The views expressed in these articles in this Yearbook are not necessarily the views of the HTA, KM or Nimble Media Ltd, but those of the individual contributors. 7

Memory of HTA

A Memory of the Heavy Transport Association It would be a lie if I were to say that I had a clear memory of events 30 years ago; recalling what happened last week can be a bit marginal these days. As it became clear that many operators moving abnormal loads were facing similar problems, I remember fairly informal meetings were held to discuss such things as the legality of ‘jeep dollies’. Increasingly the enforcement authorities reflected the public view that the roads would be better without abnormal loads and, as more operators heard about these meetings, more companies wanted to attend these meetings. The Old Golf House at Huddersfield was the venue for these meetings because of its location; close to those who wanted to be involved and we had many meetings there. Eventually the location changed to accommodate companies in


the south, unable to get to Huddersfield easily, at least one meeting was held in the Association of Chief Police Officers (ACPO) headquarters. But it was those early meetings at the Old Golf House that generated a lot of discussion. Amongst the others I remember are Geoff Johnson, Jim Macauley and David Ridley but, in truth the list goes on and on I have only to look at old copies of the Members Handbook to remember the people I was lucky enough to meet. To say the least, 30 years ago the regulations controlling the movement of abnormal loads was less than clear, and scattered about the country were police officers who had clearly determined to rid the roads of abnormal loads. I remember particularly Inspector Tuck at Middlesbrough, (who went on to write a book!), who appeared to stop and prosecute

every single abnormal load that he came across, but there were certainly others. In those early years there were plenty of opportunities for those of use working in the courts to argue about the facts of any case. Not only were the regulations largely obscure, but the methods used to measure loads were often primitive to say the least. I remember at least one case in which the Police Officer had used some old string to measure the width of a trailer. Looking back at the many cases that I and my professional colleagues had to deal with, I feel that we certainly held our own. At some point in time, and there are others who will tell me exactly when, it was decided to turn these informal meetings into the Heavy Transport Association. It was felt, rightly, that this gave us the opportunity to put forward the

views of the industry with authority and, of course, with the benefit of years of practical experience. The Road Haulage Association also had an abnormal load section but, for whatever reason, it never seemed to find its voice. Although over the 30 years there have been massive advances in vehicle technology, and, equally importantly, in the understanding of load security, the fact remains that motoring public continue to see the presence of abnormal loads as an unnecessary nuisance. As I write this I wonder whether those who tow caravans or who drive abnormal loads attract the most hostility. There is no doubt that the HTA must continue to represent the industry, a need that is increased by the growing impact of the EC law makers who produce laws and regulations that always need to be scrutinised particularly by

specialised groups. I am proud to have been associated with the HTA over the years, and I think that the members can look back with some satisfaction over their achievements. It remains to be seen whether the question of optimum vehicle utilisation can be resolved! Jonathan Lawton Solicitor Advocate Consultant with Dyne Solicitors Limited 9

HTA Time Line: 1983 - 2013

HTA Time line: 1983-2013 John Dyne is voted Secretary of the HTA.

Initial meetings between:, Jonathan Lawton, Brian Rawcliffe Jim Macauley Geoff Johnson, mainly at the Old Golf House Hotel, Huddersfield Newsletter heavy Talk published Brian Rawcliffe is Chairman At this time the Department of Transport is the Government Department responsible for the English networks. (1981 – 1997) COMMITTEE Brian Rawcliffe Jim Macauley Geoff Johnson

Representatives from the HTA go to meeting at DfT to discuss the issue of speed limits for abnormal loads




Thames Valley Police publishes a report on the ‘Future for the Police with Abnormal Loads’ which highlighted the fact that in law a police escort is not legally required, but is provided as a ‘duty of care’ for other road users and not as a service to the transport company. Following the report a trial was carried out using private escorts in unmarked police cars. The results were proved satisfactory and also proved that time was saved by having a continuous escort on longer routes rather than waiting for separate escorts from each individual force area.

Rolf van Apeldoorn meets ESTA representatives. HTA Committee chaired by John Hughill were committed to HTA being involved in EU debates on abnormal load legislation.

The HTA forms a subcommittee to work on producing an Escort Manual.

COMMITTEE Jon Hugill John Ingrey Rolf van Apeldoorn Hugh Wilson John Dyne Geoff Johnson Jonathan Lawton

The Highways agency was created on 30 March 1994. Before that transport matters were dealt with by the Department for Transport only.




HTA Time Line: 1983 - 2013

The Transport Act 2000 introduces impounding for goods vehicles being operated without an ‘O’ licence. This is of help to member companies as it eliminates unfair and illegal competition right at the very bottom of the haulage market.

The HTA Joins ESTA David Ridley asked by HTA to be ESTA representative with Rolf van Apeldoorn The HTA published a Guide to Private Escorting of abnormal Loads. This was well received by the Department for Transport and ACPO.

COMMITTEE Richard Dunkerley Hugh Wilson Tony Lovell John Dyne Rolf van Apeldoorn Geoff Johnson


Changes are made to the operator licensing system with tightening of the rules for deciding whether or not an operator has lost its good repute.

The HTA Secretariat is based at Worley Bank House, Tattenhall, Chester, CH3 9PL The Earl Attlee is President of the Heavy Transport Association. The Department for transport is known as the Department for the Environment Transport and the regions (DETR) until 2001.


HTA holds ESTA Presidency for 3 years with David Ridley as ESTA President and John Dyne as Secretary. ESTA meeting is held in Windsor, UK


The UK contemplates the privatisation of escorts on Motorways and dual carriageways (Europe is already running private escorts)

Ian Corfield attends HTA Meeting with a view to seeking suggestions form the HTA about STGO review on an informal basis. All comments are to be considered and a consultation document made available. HTA writes to HTA President Lord Attlee and HM Immigration on the subject of clandestine entrants.

HTA Handbook published.

Police charging is becoming major issue for the industry - HTA to involve HTA President The Earl Attlee.



COMMITTEE Richard Dunkerley Hugh Wilson Tony Lovell Paul Freeman John Dyne David Ridley Dave Collett Dick Walmsley Rolf van Apeldoorn Ken Johnson Tim Culpin 11

HTA Time Line: 1983 - 2013

David Collett voted in as new HTA Chairman- Outgoing Chairman Richard Dunkerley is made Honorary Member of the HTA Digital Speed cameras are trialled – no more white lines painted on the road! ACPO reviews the criteria for escorting abnormal indivisible loads and most police forces are only providing escorts for loads coming within the highest categories. However forces were to continue to be the recipient of all statutory notifications.

2001 12

ESTA discusses promoting harmonisation of rules and regulations for Special Transports in general and in particular the harmonisation of Pilot Car standards HTA sets up a working group to respond to draft consultation on The Special Types General Order (STGO) 2000. The Government Department for English networks changes to the Department for Transport Local Government and the Regions or DTLR (2001-2002).

COMMITTEE David Collett Rolf van Apeldoorn Hugh Wilson Tony Lovell Paul Freeman John Dyne David Ridley Dave Collett Dick Walmsley Ken Johnson Tim Culpin

The DTLR to set up a working group to assist the Government in preparing the Regulatory Impact Assessment of the Working Time Directive DTLR discuss Portable Weight Pads research and ESDAl at DTLR Liaison Meeting. ESTA Meeting in Brussel 25th September. John Dyne and David Ridley attend. HTA publishes Member’s Handbook.


COMMITTEE Dave Collett John Dyne Dick Walmsley Hugh Wilson Rolf Van Apeldoorn Paul Freeman Tim Culpin Mike Jewell Tony Lovell Tim Wayne

HTA Time Line: 1983 - 2013

The HTA is actively involved in the review of STGO that resulted in STGO 2003 as well as the codification of Self Escorting that led to the publication of the Highways Agency Code of Practice ‘Self Escorting of Abnormal Loads and Abnormal Vehicles’. The Transport Research Laboratory has been conducting research into portable weigh testing of vehicles carrying abnormal loads. Tony Lovell speaks to Department for Transport (DfT) about the proposed amendments to lighting regulations, but the DfT were unable to say, at this stage, under what heading, lighting for selfescort pilot cars would be pigeonholed. Consultation on the proposed amendments to Lighting Regulations 1989 and C & U regulations 1986 produced by HA.


HTA meet with Nottinghamshire Police to discuss police escorting and ‘self’ escorting. The HTA terms and conditions are drafted – the new terms and conditions are to be ready by June to coincide with new STGO Order.

HTA representatives attend ACPOS Abnormal Loads Working Group meeting about an evaluation of self-escorting since 1 January.

ESDAL Project was initiated and HTA sets up a working group to include the Department for Transport Liaison group. The Transport Research Laboratory wants to carry out an Evaluation of Congestion of the roads caused by AIL and HTA sets up a working group to include Tim West, Tony Lovell and Hugh Wilson. DVD self escorting Training video project underway. HTA sets up a working group to prepare a training syllabus from modules in the HTA Escort Manual

COMMITTEE Dave Collett John Dyne Dick Walmsley Tony Lovell Tim Wayne Hugh Wilson Frank Garratt Paul Freeman Stuart Johnson Hugh Wilson Rolf van Apeldoorn Tim Culpin

HTA responds to to the Road Transport Working Time Directive Consultation

The HTA agree to set up a network to replace the police who were withdrawing escort services from 1st January 2004. Tony Lovell sets up ALEN on behalf of the HTA. The ALEN Web site to be open to the general public and not just for ALEN or HTA members

Transport Research Laboratories (TRL) undertake an evaluation to establish criteria that will be applied to justify the extra cost of moving AILs by water. The HTA to be consulted.

ESTA seeks to publish codes of practice to prevent ‘border wars’ over pilot vehicles. There is currently no level of tolerance and Brussels is claiming that such practices were anti competitive. ESTA to publish a new booklet to readdress and set out its aims.

HTA representatives attend first meeting of expert panel on AIL congestion research with HA.

Alec Murray is co-opted to Committee as the HTA’s ACPO representative.

COMMITTEE David Collett Rolf Van Apeldoorn John Dyne Tim West Hugh Wilson Tim Wayne Tony Lovell Dick Walmsley Mike Jewell

2004 13

HTA Time Line: 1983 - 2013

HTA holds a joint meeting with RHA representatives to discuss issues of common interest: ESDAL phase 2, mobile weigh pads, Water Preferred Policy, self-escorting review and the concerns at the growing evidence of police withdrawing from involvement with the management of abnormal loads. Some police abnormal load departments are being disbanded or downgraded HTA representatives attend an HA liaison meeting to discuss the Code of Practice for Escort Vehicles. The Code of Practice is finally published on 4th April 2005. HTA Committee decides to appoint a co-ordinator (Katharine Narici). The HTA Secretariat is now based at Century House, Tattenhall, Chester CH3 9PX. Quarterly publications of Heavy Talk and quarterly meetings to be arranged; First HTA website set up. The HTA logo is updated to its current version.

2005 14

HTA publishes Member’s Handbook.

COMMITTEE Dave Collett John Dyne Tony Lovell Hugh Wilson Tim West Katharine Narici (co-ordinator) Tim Wayne Eric Crosby Dick Walmsley Paul Freeman

COMMITTEE David Collett John Dyne Tony Lovell Rolf van Apeldoorn Tim West Alan Lewis Katharine Narici Tim Wayne John Rodell Graham Robbins Tony Buckland Hugh Wilson


The HTA attends a HA self escorting meeting. HTA representatives attend the HA Liaison meeting; topics for discussion include the water Preferred Policy, Strategic Road./Water sites, Congestion Research (and whether abloads should travel at night only), Speed Limits for loads over 150 tonnes, weigh testing and ESDAL. The HTA responds to the Consultation on the clarification of the Water Preferred Policy Guidelines for the movement of AILs. HTA attends a workshop with representatives from ACPO, HA, RHA, FTA, ALEN, Strathclyde Police and Lincolnshire Police to discuss night time movements of Abnormal loads at the Transport Research Laboratory (TRL). The TRL research was commissioned


by the HA to estimate the cost benefits of reducing congestion on the HA network by moving abnormal loads at night. HTA representatives stated that in many cases night movements are an advantage but each type of load offers differing sets of problems . The Code of Practice Self escorting of Abnormal Loads and Abnormal Vehicles is now updated to include the change concerning the use of flashing lights. The accompanying document ‘Operating Guidance for abnormal load escorting’ is also complete. HTA Member Ainscough Crane Hire wins an ESTA Award for ‘Crane Job of the Year’ and R Collett and Sons came third in the ‘Transport Job of the Year’ category.

ESDAL launches the second phase of the secure, free to use web portal for the planning and notification of AILs. COMMITTEE David Collett John Dyne Tony Lovell Rolf van Apeldoorn Tim West Alan Lewis Katharine Narici Tim Wayne John Rodell Graham Robbins Tony Buckland Hugh Wilson

HTA Time Line: 1983 - 2013

HTA write to Government about rising fuel prices and receives response from Conservatives; Government decide no reason to reduce fuel costs as costs of running haulage companies in UK are overall the same as in Europe It is noted that mobile cranes could run on red diesel. HTA representatives attend HA Meeting to review the lighting and marking up of AILs as current regulations are 20 years out of date.


HTA writes to the Chief Executive of the Highways Agency regarding roadworks and re-routing of AILs. If an AIL is offroute, there is no notiďŹ cation and thus any indemnity will be void and any insurance will be invalid. The HA and agents need to notify the reroutes to Councils and Police. HTA publishes Member’s Handbook.

COMMITTEE David Collett John Rodell Rolf Van Apeldoorn Graham Robbins Hugh Wilson Tim West John Dyne Katharine Narici Eric Crosby Sadie Emery David Purslow Tony Buckland Tony Lovell

John Rodell takes over as HTA Chairman from David Collett HTA asked to comment on and endorse the bridge strike initiative by Network Rail TRL produce a draft report on Lighting/Marking of Escort Vehicles which will become a Consultation document to be put forward to the trade/authorities before it becomes guidance.

HTA Meeting held in Glasgow. Police charging for escorting loads is discussed. In Scotland police have a right to insist on escorting loads and what rights do they have to charge for this? Jim Macauley invited Margaret Mitchell, MSP to attend the meeting as she has been involved with Jim in putting self-escorting on the map in Scotland. The HA produce a consultation document on speed limits. HTA Committee members involved in loads over 150 tonnes respond to the HA

COMMITTEE John Rodell Tony Lovell Hugh Wilson Rolf van Apeldoorn Katharine Narici Graham Robbins John Dyne David Collett Alan Lewis Tim West David Purslow Tony Buckland Tim Wayne Sadie Emery Eric Crosby

2009 15

HTA Time Line: 1983 - 2013

Highways Agency writes to HTA to say that speed limits of AILS which have been 12 mph for over 60 years would be increased to 25 mph on motorways and 25 mph on road networks. The HA produces a document on the movement of abnormal loads through planned networks which provides advice and best practice on the issues surrounding road works and abnormal loads. 10th September 2010 is the first anniversary of Driver CPC for the Haulage industry – drivers need to have their 35 hours approved training by 10th September 2014.

2010 16

New rules on cabotage are introduced across the EU. The government funded ESDAL developed by SERCO on behalf of the HA is now considered to be complete. HTA Committee vote that Rolf van Apeldoorn, Hugh Wilson and David Ridley be made Honorary members of the Association. HTA to invest in a new website rather than publish a Members Handbook.

COMMITTEE John Rodell David Collett Tony Lovell Rolf van Apeldoorn Tim West Ian Brooks Alan Lewis Katharine Narici Tim Wayne John Dyne Graham Robbins Tony Buckland Hugh Wilson David Purslow Sadie Emery

British Waterways writes to hauliers in February 2011 to notify them that from 5th April 2011 they would levy a charge for all notifications. HTA Secretary John Dyne writes to inform the authority that under STGO there is no legal basis for charging for notifications. The HTA responds to the Highways Agency Lighting and Marking Code of Practice consultation. The department for Transport issues a consultation on plans to use the DVLA vehicles register and the Motor Insurance Database to warn vehicle keepers who fail to hold valid insurance, with fixed penalty of £100, immobilisation and eventual disposal being planned.


VOSA starts to crack down on illegal cabotage operations in the UK and starts to issue fixed penalties for breaches of cabotage rules. COMMITTEE John Rodell David Collett Tim West Ian Brooks Katharine Narici John Dyne Dave Purslow Sadie Emery Alan Lewis Tim Wayne

HTA Time Line: 1983 - 2013

North Yorkshire Council's Business Environmental Services Department distributes a notice notifying their intention to charge hauliers fees for the assessment of Abnormal Load notifications in excess of 90T gvw/12.5T single axle load - the charges to commence 1st January 2012. John Dyne, HTA Secretary writes a letter in response challenging the legality of the proposed charge. As a result the HTA is pleased to report that North Yorkshire Council reconsidered the matter and have confirmed that the proposal has been summarily withdrawn.


HTA members and representatives from AIRSO Road Safety Panel Army attend meetings with Skills for Logistics to develop National Occupational Standards (NOS) for abnormal load escorts. It is recognised that training standards for escorters need to be in place to help with consistency and raise standards. Draft SPMT guidelines available Merseyside Police raises problems regarding notifications of abnormal loads – meeting with the HTA and CPA

COMMITTEE John Rodell David Collett Tim West Ian Brooks Katharine Narici John Dyne Dave Purslow Sadie Emery Alan Lewis Tim Wayne

European Commission proposes periodic roadworthiness tests for vehicles. The proposal will result in HGVs currently exempt from Plating and Testing being subjected to some form of annual test. HTA Secretary John Dyne, is invited by Senior Traffic Commissioner to attend a stakeholder engagement meeting with other trade association officials from RHA, FTA and AORTL to the movement of Abnormal Indivisible Loads.

ALE Heavy Lift Ltd of Stafford, were awarded ‘Transport Job of Year’ in the STGO Operations above 120 tonnes GCW Category at the ESTA awards ceremony. David Collett is voted President of ESTA HTA members (John Rodell, Ian Brooks and Rob Teahan) attend a meeting with City and Guilds to discuss development of a certified qualification for escort drivers. HTA make progress and engage with VOSA at CEO level. HTA Members sponsor the HTA’s development of City and Guilds qualifications for Abnormal Load Escort drivers.

HTA working group meet with City and Guilds to set out guidelines and training standards. Peer group meeting to finalise training standards. COMMITTEE John Rodell David Collett Tim West Ian Brooks Katharine Narici John Dyne Dave Purslow Sadie Emery Alan Lewis Tim Wayne Sally Waterfall Rob Teahan

2013 17


The UK’s leading heavy haulage contractor Established in 1969, GCS Johnson Ltd began by providing general haulage with one flat bed trailer and one tractor unit. Early growth meant that horizons started to be widened and, within three years, the company had purchased its very first heavy haulage trailer, a municipal step frame low loader used to move rock drilling equipment and large compressors. Following this, commissions were secured to move vessels and a variety of other abnormal fabrications, requiring the use of more specialist trailers and equipment. It was as a result of this that the company took the decision to develop its range of equipment, resulting in today’s comprehensive fleet of 60 trailers and 20 tractor units,


which, together with a large number of modular axles, can meet virtually any Client's heavy and abnormal load requirements. This focus on investment to grow the company in order to meet the demands of everbigger clients and projects is one that has served the company well, as Geoff Johnson, Managing Director explains: “Like a lot of companies, we started out from small, humble beginnings, but we could see that there was a demand for a wider range of services to meet more challenging projects and felt that we should do all we could to meet that demand. That obviously required investment, but by doing that and displaying a focus on getting things done we’ve been able to grow at a

steady rate and build the business up to the successful international operation that you see today. We will continue to invest heavily in our staff, resources and fleet to provide innovative and cost-effective solutions to any heavy haulage problems that clients old and new may present to us.” Despite this focus on innovation and expansion, GCS Johnson is still very much a family firm at heart, which is something the founders are very proud of. “Myself and my wife Mary have been, and remain, responsible for establishing GCS Johnson at the forefront of heavy haulage in the UK,” says Geoff Johnson. “We have both been heavily involved in every aspect and development of the company and that includes getting our

hands dirty, as it were, and performing duties such as trailerman to help steer loads from the rear. As a result, we both have an extensive and detailed knowledge of the services we perform for our customers. I am convinced that this personal touch, extensive hands-on knowledge and the expertise provided by our staff are what our customers value. They know that we can get the job done and meet the challenges they throw at us, but they also know that we still very much care about every aspect of the business and will always become involved wherever needed to uphold the high standards that we’ve set from day one.” These high standards include all aspects of the range of services

now provided by the company, including storage, engineering, specialist vehicles, warehousing and, of course, transport. Despite the move into new areas of business over the years, it is still this service where the company truly excels and can offer the very best products and services. “When it comes to road transport we possess the lowest low loaders in the country at just 10 inches and 12 inches ride height, which give customers a maximum load height without additional high load charges,” says Stuart Johnson, Director. Meanwhile, with our specialist beam beds extending from 12 to 28 metres in length, we are able to configure vessel bridge trailers to meet all our Client's requirements; with up to four 19



When it comes to road transport we possess the lowest low loaders in the country at just 10 inches and 12 inches ride height...



beams being attached and all with the option of hydraulic width adjustment. In addition, the comprehensive combination of Scheuerle modular axles, decks and Goosenecks allows for the greatest levels of flexibility when moving heavy or lengthy loads, while multiple steerable rear bogies are just part of our invaluable range of equipment that provides a modular configuration to overcome the most difficult of obstacles. Couple that with the provision of hydraulic jacking and skid systems for raising, lowering and the load placement, plus hydraulic 4-point Lift Systems for lifting and installing large and heavy equipment; there is little that Johnsons' cannot accomplish. With years of expertise, an unrivalled range of equipment and a problem solving attitude running throughout the

company, GCS Johnson are unsurprisingly able to take on the widest range of projects with the minimum of fuss. “We have built up a real depth of knowledge here,” explains Geoff. “This, along with the attention to detail we continually demonstrate, has enabled us to develop our reputation as one of the most flexible and reliable heavy hauliers in the country. Over the years we have been able to plan the movement of and negotiate some of the most awkward loads in, out and through the most difficult of locations. The commitment and ability of our staff to meet the most challenging demands to the highest standards is proven by the large number of customers worldwide who now retain us on a regular basis. No job is too large or small for us to handle with the utmost care, and it’s because of this that most of our fleet is continually mobile

around the UK, within continental Europe and further afield” he adds. With all aspects of the business going from strength to strength and a range of projects keeping everyone extremely busy, what does the future hold for GCS Johnson? “Essentially, we simply want to continue doing what we have been doing over the years and provide the very highest levels of service to our customers,” comments Alison Johnson, Director. “Of course, we do want to continue expanding and also have plans to increase our fleet as well as carry on with fleet renewal.

GCS Johnson Limited Barton Park, Barton, Richmond, North Yorkshire DL10 6NF Tel: 01325-377691/2 Fax: 01325-377316 21


What is ESTA ? Established in 1976, Europaische Schwertransport Automobilkran (ESTA) group was first founded by a small group of Transport and Crane associations from Belgium, Germany, France, Netherlands and Switzerland, where they wanted to discuss the problems that each other had when operating cross boarder and internationally, and compare their experiences. Now, still with the ESTA acronym, the organisation is known as the ‘European Association of Abnormal Road Transport and Mobile Cranes’ and membership is open to all European countries. ESTA was originally an association of ‘Trade associations’ for the Heavy Transport and Mobile crane industry but have now digressed in to three types of membership.

The HTA are the UK representatives for the ‘Heavy transport industry’ at the ESTA organisation. • Ordinary members – These are the Crane and Transport trade associations. • Special members – These are ‘Companies’ that represent a county where no Trade association exists • Affiliated Companies – These consists of other industry stakeholders that see the value in being associated with the ESTA organisation, in order to have access and communicate with the industry on a Pan-European level. These consist of Crane and Trailer manufacturers, Industry suppliers, Local or Government bodies and authorities, Industry end users or clients such as EPC contractors.

Due to the broad spectrum of issues and topics that the organisation has to address, ESTA is split in to two identifiable sections. The ‘Transport Section’ and the ‘Crane Section’. Separate meetings are held for both sections in tandem where pertinent issues are discussed, followed by a ‘General meeting’ where the organisations business is then completed. Who is ESTA? As detailed above, ESTA comprises of a membership, but are organised and operated by a ‘Board of directors’ and since 2009 have been bound by its articles of association by the laws of the Netherlands. The board is nominated and voted to attain their position and are in office for a term of 3 years. The positions for re-election are staggered so as to maintain continuity with the organisation.

Why do we need ESTA The European Union (EU) was created between 1952/1958 and since 1st July 2013, now with the inclusion of Croatia, has expanded to a total of 28 nations. This brings the population of this market place to 508,077,900 with a total area of 4,381,376 square kilometres. On this basis, our industry requires some ‘joined up thinking’ to gain a voice and champion the Heavy Transport and Mobile Crane Industry in an ever increasing legislative environment. The expansion of the EU and the subsequent rise in power of the ‘European Commission’ means that some professional representation is required to advice and lobby as experts.

Image: Collett & Sons Ltd

22 23


The ESTA vision and mission statement • The Vision - ESTA is the European platform for stakeholders in the crane and abnormal road transport industry • Our Mission Statement Promote the image of the industry by connecting national associations of crane and abnormal road transport users and interface with industry stakeholders with the aim of creating a safe and more efficient working environment The targets and goals of ESTA ESTA primary objective is European harmonisation of rules and regulations for crane companies and hauliers, to represent our job activity in Europe and create a safe and more efficient working environment.


More recently, ESTA have undertaken a strategic look at the function of the organisation and have announced a three year program in which to undertake this strategy, which is called ‘The clear road forward’. Like the five point star of the European flag, the strategy consists of five important features: 1 Networking – Emphasise networking opportunities (for example the annual ‘users night’ dinner and presentation to the industry), Create the right platforms and inspire participants. Networking with stakeholders, ‘Sister’ and industry organisations such as FEM, SC&RA and CICA 2 Expertise – Champion European norms, Share ‘Best practice’ and cross board knowledge. Offer access to operational know-how and technical expertise and champion Safety issues.

3 Standarisation – Consult and create standards where none exist. Where possible, advise and avoid multiple standards. Aiming to reduce costs for the industry and reduce the number of incidents that are safety related. 4 Representation – Work on a pro-active basis to relay and create a positive image of the industry. Represent stakeholders interests toward authorities and in cooperation through ‘working groups’ with other bodies. Safeguard ESTA’s reputation by maintaining high standards. Represent Europe on a global platform 5 Information – Create a structural flow of information, and become a knowledge portal via our website for a pan-european or worldwide use.

Successes but to name a few: European Best Practice guideline In 2000 ESTA issued a Black book with a comprehensive list of different problems because of the lack of European harmonisation. In the Black book ESTA asked for European corridors for abnormal road transports. As a direct result the European Commission started with an EU Expert group who is responsible for a best practice guideline. This document will provide member states and permit authorities with guidelines for permit procedures and regulations. ESTA Awards Every year the ESTA organises the ESTA awards ceremony and dinner where the ESTA awards for best lifting jobs and best transport jobs are made public. Harmonised European form ESTA developed and promoted a harmonised European registration form for the technical admittance of trucks and trailers [SERT].


Image: Road Pilots Cardiff

ESTA communication With the ESTA website, each member has the possibility to contact other ESTA members, in each European country, to work together under the same general conditions and standard of ESTA safety and quality. With the help of manufacturers and customers, ESTA wants to promote throughout Europe safer and better working conditions to minimise accidents. ESTA General Conditions ESTA has developed standard “Terms and Conditions concerning Crane hire, Crane work and Transportation services” that comply with European legislation which can be downloaded from our website and offers a comprehensive set of conditions for the execution of activities by our members throughout Europe.

Just some of the Current ESTA working groups Cranes – Consultation on EN13000 norms Cranes – Common European Crane Operator Licence (ECOL) Transport – Best practice guide for safe use and operations of SPMT Transport – Delivery on site of Wind Turbine Components Crane & Transport – Working at height Future Events The next ESTA Half Annual Spring meeting is on 24th and 25th April 2014 in Amsterdam, The Netherlands. The evening of the 24th April 2014 will also be the ‘Users night’ awards ceremony and dinner, where the achievements of the industry are celebrated offering prizes for ‘Job of the year’ for

Cranes and transport operations in several categories, plus awards for innovation and safety and as always including the ‘Gino Koster Personality of the year’ award. HTA members are encouraged to enter the competition as this is a great opportunity to gain free publicity and get your Company name spread across Europe. The HTA also have a complimentary table at the event as part of the annual subscription, so there really is such a thing as a ‘free dinner’. Places at the table are on a first come first serve basis so suggest that you apply to the HTA office in good time.

Name: David Collett Company: Collett & Sons Ltd Position: Managing Director

1978: David Collett joined the Company as a Traffic clerk. 1979 to 1993: Progressed through the Transport office, Accounts department and Sales department to become the Transport Manager for the Company activities. 1995: Appointed as Managing Director for Collett Transport 1997: Set up a projects department for technical and specialist movements 2001 to 2008: Appointed as Chairman of the Heavy

R. Collett & Son was a family business, established in 1928 that began trading and became incorporated in 1975 as R. Collett & Sons (Transport) Ltd Transport Association, UK 2006 to 2013: Appointed to the board of ESTA as ‘President for Transport section’ 2010: Changed the company’s name to ‘Collett & Sons Ltd’ in order to reflect the diverse nature of the operations. Structured the Company in to three divisions: Transport & Projects, Marine and Consulting 2013: Appointed as ‘President’ of the ESTA organisation. 25


Strength in Engineering The new King ‘Hook and Go’ neck on its latest lowloader

As the Heavy Transport Association passes its 30 year milestone King is also celebrating its first half century. Since 1962 when founder Vern King established the Company, King has been committed to providing niche market transport equipment solutions to its customers and most recently has diversified further such that today six sales divisions cover specific market sectors:-

• • • • • •

Abnormal Load Trailers Traffic Infrastructure Products Aerial Access Platforms Hooklifts and Skiploaders On Track Rail Plant Special Projects

King’s proposition to its customer base is founded on developing a full understanding of the customer’s specific needs and offering a product that delivers excellent value for money throughout it’s life cycle and a

solution designed to keep operator costs to a minimum. This ethos has resulted in many major contract wins for the Company. Since 2007 when the construction and civil engineering industry suffered major cutbacks resulting in a massive reduction in the movement of ‘abnormal yellow plant’ and the subsequent reduction in capital spend, King focused heavily on the buoyant

sectors of abnormal load movements and has continued to grow its trailer business by focusing on the movement of specialist plant, for example, aerial platforms where the recent changes to ‘working at height regulations’ have created an opportunity for King to work with customers to provide safer trailers through fall restraint systems, improved visibility when loading and unloading and other improvements and innovations to trailer design. At the same time despite lower sales volumes King has continued to evolve its Hydroneck lowloader range with

The Uk’s most popular plant trailer


the introduction of an improved design of 3 and 4 axle design with a completely new neck pick up design, faster to couple and uncouple. As this market starts to recover a number of operators keen to encourage the regrowth of the UK economy have approached King regarding these trailers rather than continue the trend to prop up overseas manufacturers. With UK trailer Type Approval looming on trailers used for STGO operations King has been working with VOSA to establish its Market Harborough factory as a VOSA trailer test station which has now been operating since the Autumn of 2012. This means that VOSA is


The worlds largest aerial platform supplied by King to McNally Cranes

regularly on site at King and works closely with the Company as the day to day requirements of trailer Type Approval progress. It will be interesting to see how local European regulations such as Para 15, which are not part of European Type Approval rules get adopted or redrafted by UK legislators as we approach the introduction of Type Approval of STGO trailers in 2015. Further product introductions by King in 2014 will see the launch of a new range of extending semi-low loaders in 3 and 4 axle configuration and both single and double extenders. A trial unit is already in operation in the UK and production quantities are expected to be available as the exhibition season rolls around again in the spring. Aside from regular ‘over the road’ trailers King has won a number of orders for specialist equipment to be used in the carriage of goods off-road in the key industries of the renewables, nuclear and

aerospace sectors. As many heavy hauliers will know these industries still represent growth sectors and there are many opportunities to handle large abnormal components. Recent successes include transporters for 70 tonne waste flasks, engine carriers for Rolls Royce, wing carriers for Airbus and transportation equipment for heavy components into the windfarm sector where King also enjoys success with its range of big truck mounted aerial access platforms up to 100m working height. In the rail sector too, our involvement in on track plant has resulted in trailer business as increased government investment in rail infrastructure results in an increased need for plant movements. In order to cope with the increased demand from customers who may not have a sufficiently high level of confidence for outright purchase King is offering a ‘Rent with Option to Purchase’ package on

its most popular trailer models which gives operators the chance to put a new trailer in their fleet on rental rates with the option of later buying that trailer and recovering some of the rental or returning the trailer to King. This has helped a number of operators to justify spend by demonstrating their ability to provide equipment to fulfil contracts and then purchase the trailer when the long term contract is secure. As we enter 2014 King welcomes an opportunity to work with operators to help them toward winning as many growth opportunities as they can.

King Trailers Ltd Tel: +44 (0)1858 438606 Fax: +44 (0)1858 467161 Web: 27

City & Guilds

Training and Recognised Qualifications for Abnormal Load Escorts A brief background history The concept of self-escorting for abnormal individual loads and abnormal load vehicles was introduced in 2004 when the Police effectively withdrew from escorting all but the largest of loads/vehicles. However, to be clear there is no legal requirement for any vehicle or load to be escorted and an escort vehicle is not defined in any legislation (source ACPO guidance). After extensive consultation, the Highways Agency issued a Code of Practice which covered the lighting and marking for abnormal load self-escorting vehicles and operating guidance. Although some argue the code is inadequate, it was endorsed by the Association of Chief Police Officers (ACPO), ACPOS (the Scottish equivalent), the Construction Plant Hire


Association (CPA), the Department for Transport, the Freight Transport Association (FTA), the Road Haulage Association (RHA) and the Heavy Transport Association (HTA). The Highways Agency consulted again reissuing the Code of Practice in 2012 (as HA Publication PR22/1) The Code or Practice is very clear that: “the haulier or subcontractor shall ensure that its self escort vehicles comply with the Code and its personnel have sufficient training and/or experience to carry out selfescorting competently and safely in a manner which accords with the requirements or the Road Traffic and Health & Safety legislation”. The Right Time Pressures on Police budgets and significant increases in abnormal load movements created by the need to move wind farm blades

and turbines, and the build of new nuclear power plants will probably lead to increased activity for abnormal load escorts over the next 10-15 years. The common thread through all of this is the increased length of the loads being moved and the more isolated locations the loads are being moved to. Now is the time to ensure that those escorting loads are trained and competent to meet the obligations under the Highways Agency Code of Practice and Road Traffic and Health & Safety legislation. The Police Reform Act 2002 gives Chief Constables the authority to delegate the powers of a Police Constable for the purpose of escorting an abnormal load, however, it is understandable that ACPO and individual Chief Constables have reservations about delegating

powers to untrained people and how an independent complaints body will be established and will operate. If progress is to be made, recognised and accredited training needs to be established. Progress at last? In 2011 the HTA started a process that would: Develop training for abnormal load escort drivers recognised nationally through a credible qualification Develop an independent complaints process through a partnership with the Association of Industrial Road Safety Officers (AIRSO) Be recognised by both ACPOS and ACPOS It was hoped that this process would give Chief Police Officers the confidence to delegate powers for active traffic

Image: JB Rawcliffe & Sons 29



City & Guilds

Image: Collett & Sons Ltd

management to qualified staff for escorting abnormal loads. Work commenced in 2010 and a partnership with Skills for Logistics (SfL) led to Government funding to develop National Occupational Standards (NOS). NOS specifies UK standards of performance that people are expected to achieve in their work, and the knowledge and skills they need to perform effectively. The process fully engaged with industry and stakeholders via expert groups and stakeholder consultation. The NOS for abnormal load escorting were completed in January 2013. The HTA selected the City & Guilds (C&G) in May 2013 to be the awarding body for the qualification and to provide quality assurance. This stage was made possible by altruistic financial contributions from the following HTA members:

• • • • • • • • •

FTX Logistics Ltd R Collett & Sons Ltd JB Rawcliffe & Sons Ltd Plant Speed Ltd Abnormal Load Engineering Ltd (ALE) HC Wilson Transport Ltd GCS Johnson (Skeeby) Ltd Allely’s Heavy Haulage Ltd Leicester Heavy Haulage Ltd

The Qualifications By the time this yearbook is published, peer group reviews will be completed and two qualifications will have been developed and approved by the City & Guilds, one at Level 2 the other Level 3.

Industry they will also apply to those moving cranes, large agricultural machinery and large caravans. When we set out on this journey, the HTA intended to improve the professionalism of those who escort abnormal loads and to improve public safety. This will have been achieved by the dedication of members, widespread consultation and listening to others. Particular thanks goes to those companies and individuals who have contributed their time and/or financial support.

During the first quarter of 2014 activity will see the Course Training Programme (CTP) developed, training centres approved, C&G assessors qualified and appointed and training being delivered. These qualifications will not just be appropriate for the heavy haulage 31


Convoi - Crossing boundaries Abnormal load work abroad often involves covering considerable distances, crossing national borders in many cases. From escort cars to permits, the absence of European harmonisation regarding the rules and regulations is a challenge overcome on a daily basis through an understanding of the continental playing field. Born of an understanding Southampton based Convoi Exceptionnel Ltd was founded by Managing Director Tony Lovell. He had previously battled for 15 years as a UK and continental owner driver, so understands his clients’ needs and the barriers they often face. “I thought at the time it was very difficult to get help with all of the paperwork, let alone anything else, so I set up a company to help other hauliers who must be having the same trouble,” he explains. Now with well over 30 years


experience in abnormal loads, Convoi has gone from strength to strength and supplies UK notifications, European permits, UK & European escort car services, route surveys and ongoing support in all areas of abnormal load transportation to its 500 plus customers. Not all plain sAILing While in the UK abnormal load notification is relatively easy for the vast majority of AILs, the rules

overseas vary greatly from country to country. In terms of paperwork required, time frames for getting permits, legislation regarding trucks, trailers and escort vehicles, marker boards, etc, Convoi provides solutions, facilitating the efficient movement of their clients’ valuable cargo throughout Europe. International business accounts for around 75 percent of Convoi’s turnover. “It is vital that hauliers know what they are doing overseas as they will not get away

with mistakes lightly. We understand the need for hauliers to have access to a continual update of the changing legislation regarding abnormal loads in Europe.” Authorities on the continent have no hesitation in fining hauliers on the spot for even a minor infraction of their laws. Years of experience are needed to successfully negotiate the bureaucracies and complexities that European permit work involves. Unlike the UK, where operators only have to wait two clear working days for permission

to transport most abnormal loads, on the continent lead times can be far greater. “This is because instead of the pragmatic “let’s get it done as efficiently as possible” attitude of the British police, the handlers of this work on the continent have paper oriented responsibilities and slow working methods.” Frequently many different departments within a country or area need to be notified using their own specific documentation. This is another huge contrast to the ‘one notification for all recipients’


with the escort driver ensuring each police force is advised 30 minutes prior to crossing a county boundary. It also provides greater flexibility for Convoi to organise the movement of loads at optimum times to minimise traffic congestion and maximise load safety. approach in the UK. Convoi has developed close relations with foreign transport ministries over the past few decades ensuring a seamless process from start to completion. Pilots on the ground The key thing for private escorts is experience. A wide load is different from a long load. While lighter loads can move quite quickly, heavy haulage can be very slow indeed. When it comes to recruitment, Convoi “always favours people with knowledge. We employ ex-police traffic officers where possible.” Indeed the same is true of the firm’s

notification process to police and local authorities. Experience and knowledge is vital. In the UK, it was once the duty of the police to escort large loads. They handed over responsibility at each of more than 40 police force boundaries, with each area having its own rules. Consequently, moving such cumbersome cargo could be a drawn out and expensive process with plenty of standing time waiting for changeovers. Private escorts have helped a lot with reducing this waiting time as it means that transports can run straight through county boundaries on clear roads,

Convoi are here to help • Information on all aspects of abnormal load work in Europe and the UK. • Advice on the most practical routes for abnormal loads. • Fully insured, fully equipped escort vehicles with highly experienced and knowledgeable escorters Europe wide. • Applications efficiently made on your behalf to the relevant authorities for AIL permits. • Updates on the changing legislation regarding abnormal loads in Europe. • Fast and efficient en-route trouble shooting.

HTA Abnormal Load Notification Directory Convoi publish the HTA Abnormal Load Notification Directory for those hauliers who to wish to notify their own abnormal load movements in the UK. The Directory is supplied in hard copy format and is fully maintained. A quarterly update subscription service is available. The Directory is also used by some police forces as a reference for contacts. A 10% discount is available to HTA members.

t: 023 8045 3045 e: 35

Vehicle Type Approval

Vehicle Type Approval EU Regulations and impact on Heavy Haulage Industry Up to now, specially built heavy tractors, which are operating as dedicated STGO vehicles, not being plated or tested, have been exempt from the Type Approval Directive EC 2007/46 and Heavy Transport Association Members have for many years enjoyed the benefits of this exemption. However the date when that exemption will be lost is nearing and from 29th October 2014 all vehicles, where weights or dimensions exceed those specified for general use in EC 95/53 and EC 97/27, will have to be fully type approved. The European Community Whole Vehicle Type Approval (ECWVTA) has been implemented into UK Policy to ensure that all manufactured vehicles meet the required standards for safety and environmental regulations. Vehicle design now has to be “type approved" before sale, registration and entry into service across all EU member states so


that all countries accept each others approvals and there is no need for further testing in each country. The Regulations became part of UK law from 29th April 2009 and since then have been phased in and will continue until 2014. Legislation was first extended to cover all new road vehicles such as buses, coaches, trucks, trailers (and caravans) and certain special purpose vehicles such as wheelchair accessible vehicles. Since 29th October 2012 ECWTA also applies to existing type medium and heavy commercial vehicles and trailers built in a single stage, as well as new type medium and heavy commercial vehicles built in multi-stages. It will apply to existing type medium and heavy CVs built in multistages from 29th October 2014. Owing to the very nature of special purpose vehicles, there are additional complications in

gaining approval because of having to carry out extensive systems testing, braking being one of the most obvious and this adds cost. Manufacturers, converters and bodybuilders of Special Types Vehicles have to seek Type Approval in order to register vehicles across Europe. Once the relevant application date passes it will not be possible to sell or register any new vehicles covered by the Directive without them having an approval certificate. The business sectors which have been particularly affected by ECWVTA are body builders, i.e. those that take a chassis and build or modify a body of any description on it before selling it to the customer, and manufacturers of commercial vehicles imported from inside or outside Europe. They will need to have a quality management system in place such as 1SO9000, together with Vehicle

Certification Authority (VCA) Conformity of Production (COP) authorisation, the implementation and management of which can be quite onerous. Only then can the bodybuilder or converter issue the all-important Certificate of Conformity (COC), which is essential for vehicle registration. The fall back plan is to submit the completed vehicles for “Individual Vehicle Approval” (IVA) but even this requires evidence that most of the vehicle systems, specifically including braking have been tested to confirm that they meet the European Directive performance requirements. The one advantage of IVA is that the manufacturer does not need to have an established quality system in place because each and every vehicle is individually inspected by VOSA. Manufacturers of current heavy haulage tractors and trailers will

need to invest heavily to meet the new stricter requirements under ECWVTA. In some cases this may not be technically possible or economically feasible based on the relatively small volumes being built. There is also the possibility that maximum permitted axle weights may have to be reduced in order to meet the new requirements (brakes and steering limited) and this is something that will cause major problems in the heavy haulage industry. For abnormal load vehicles with modular construction there could be conflicts as numbers of axles and steering axle configurations change during operations. One of the problems is that manufacturers may have to make significant changes in product design or manufacturing process. For example the extended front chassis for push/pull operations are not usually covered by the

Vehicle Type Approval

Image: Road Pilots

base vehicle approvals. Gaining WVTA approval for small volume modifications like this is complicated, time consuming and costly. The simpler solution here is to put them through the IVA route where there is an exemption clause, although they would still require a covering bumper to meet the Exterior Projections requirements. The fitting of additional axles will invalidate a number of base vehicle approvals so they would need to be tested and approved again. These would include at the very least, brake systems, steering systems, masses and dimensions. The unladen weight of an 8 x 4 chassis when fitted with large rear cab mounted cranes cannot usually be built within the UK, legal gross vehicle weight limit of 26 Tonnes for a tractor. This means that under the current rules, it will not be possible to

type approve or register a new vehicle of this type for use on the road after 29th October 2014. From a manufacturer’s, bodybuilder’s or converter’s point of view, obtaining the full EC Whole Vehicle Type Approval will be an extremely costly procedure, and in many cases it will be difficult to justify the expenses when there are only small numbers of vehicles being produced. The changes are likely to be implemented in the UK before 2017 (possibly as early as 2014 following a short consultation process). Individuals will be able to respond to the consultation process once it is released.

Katharine Narici Co-ordinator Heavy Transport Association

The Regulations became part of UK law from 29th April 2009 37

Security of Abnormal Loads - Do's and Don’ts

Security of Abnormal Loads - Do's and Don’ts

Some three years ago an unsecured 50 ton press slid off a low-loader trailer


The key to load security is understanding that any load has its own dynamic, independently of the vehicle on which, or in which, it is being carried. In other words, even if the vehicle carrying the load stops, the load, if it is unrestrained, will continue to move in the direction it was going. The recent advertisements shown on the TV urging the use of seat belts make this point only too clearly. A common fallacy is the belief that the heavier the load, the less is the need to secure it. The contrary is true; the heavier the load, the greater the kinetic energy and, therefore, the greater need for restraint. Some three years ago an unsecured 50 ton press slid off a low-loader trailer because the vehicle, which was doing no more that one and a half mph turned, but the load carried on in the direction that it had been travelling slipping off the

bed of the trailer, resulting in a fatal accident. Every abnormal load must be secured. It is the operator’s responsibility to ensure that the method used to secure the load is adequate and therefore, safe. Currently the available methods are: • • • • •

Ropes Chains Straps Chocks Brakes (when the load is a wheeled or tracked vehicle) • Wooden blocks. ‘Chains’ will be tensioned by using a ‘Stilson’, or some similar equipment, designed to tighten the chain. ‘Straps’ will be tightened by using a ‘tensioner’. Chocks are used to help to prevent the load moving, particularly if the load is wheeled or tracked.

Ropes, and Nylon straps with tensioners, are the most common means of securing a load. Wooden blocks (often railway sleepers) are used to separate the load from the bed of the trailer to prevent the load moving. The operator has the responsibility for ensuring that the right method of restraint is used, and that the restraint is in good condition and suitable for the purpose. Ropes, chains and straps with tensioners will each have a designated Safe Working Load (SWL). The operator must ensure that drivers know the SWL of the equipment they are using and no less importantly, how to recognise potential faults. • Ropes, commonly the rope will be 10mm split-film polypropylene which resists chemicals, water and dirt. It can look extremely worn whilst

retaining its strength, but it is easy to cut and can be worn by contact with an abrasive surface. Ropes should always be checked before they are used. • Straps and Tensioners. Nylon straps are very strong and really are only vulnerable to cutting. It is important for this reason to ensure that they are not applied across sharp edges unless those edges are protected by an edge protector. They are comparatively easy to inspect and that should always be done. • When chains are being used it is critically important to be aware of the relevant SWL. Because chains are a symbol of strength it is easy to forget that checking the condition of the chain is important. There should be a record of the date of purchase for each chain and there should be formal checks carried out into the

condition of each chain. Links, for example, can be stretched, with the result that the SWL is reduced. Any evidence of damage should mean that the chain is taken out of service. • Any equipment, such as Stilsons and strap tensioners, that uses ratchets to achieve tension should be carefully checked for wear at regular intervals. • Any employee involved in the loading and securing of abnormal loads should receive formal training both in load security and in the use of the restraining equipment used by the company. There must be accurate and written records of any training given. The operator must remember that some loads may be damaged by the method used to secure the load. Chains, for instance, clearly have a potential for damage even if they represent the safest method of load security.

When securing equipment is not in use it must be safely stored. Ideally it will be inspected each time that is taken off a load and put into storage. Obviously these inspections must be carried out by a person who has been trained to recognise any damage that affects the efficiency of the restraint in question. Conclusion • Do confirm the weight of the load with the customer in writing • Do check with the customer to see if there are any specific requirements in relation to load security such as ‘No chains to be used’ • Do ensure that the securing method used is adequate and suitable for the load • Do ensure that your employees have all the equipment they need to ensure the safety of the load

• Do ensure that all the employees working with the load have received adequate training and that there are written records of the training that has been given • Don’t take a chance by carrying a load that is not adequately secured having regard to its weight • Don’t use ropes, straps, or chains that have not been carefully checked for damage and suitability • Don’t allow employees who have not been trained to have any involvement with the load. • Don’t use equipment that has been in service for longer that the time recommended by the manufacturer • Don’t use a trailer that in anyway is unsuitable for the load in question The question of load security is a question of Health and Safety and, as with so many similar issues, the key from the

employers view is to ensure that all the personnel involved with the load have had adequate, and formal, training. Training which is evidenced in writing and which has been provided by a competent person. The employer must also be able to show that adequate equipment was available to the employees so that the load might be properly secured and finally, and no less importantly, the employer must be able to show that the employees were able to, and required to, contact the employer if there was any problem with any aspect of the load.


SCHEUERLE, NICOLAS and KAMAG – the TII Group turns the world into motion In the worldwide leading TII Group, 345 years of experience and know-how of globally leading heavy duty vehicle manufacturers are bundled. The integration of the companies within the group has led to a wide range of synergy effects offering customers a high degree of flexibility and benefits as well as an unprecedented service. The TII Group offers the largest selfpropelled fleet on the global market. Highlight amongst these is the Self-Propelled Modular Transporter (SPMT) that was invented by SCHEUERLE in 1983 as a special transport vehicle in modular construction. Nowadays the name is synonymous for this type of transport technology and SCHEUERLE SPMTs still hold the world transportation record of roundabout 16,000 tons. The basis for the transport solutions of the TII Group is the hydraulically supported pendulum axle, which was


invented by TII Group member SCHEUERLE in 1956. The broad product range of the TII Group includes road transport solutions with series featuring compact semi-trailers, different types of modular platform trailers or thrust supports systems like the revolutionary PowerBooster that can make additional tractors obsolete. The TII Group offers transport solutions for a multitude of purposes ranging from 50 to

currently 16,000 tons payload – “sky is the limit” due to the worldwide biggest modular fleet! Shipyards and steel mills, as well as the mining and aerospace industry rely on their transporters, plant construction is made easier with their transport solutions and the wind industry benefits from the special solutions for wind turbine erection of the TII Group. Countless special vehicles, tailored to the customers demands, are in use around the world.


SCHEUERLE Fahrzeugfabrik GmbH Otto-Rettenmaier-StraĂ&#x;e 16 74629 Pfedelbach Germany

NICOLAS Industrie S.A.S RN 6 BP 3 89290 Champs-sur-Yonne France

KAMAG Transporttechnik GmbH & Co. KG Liststrasse 3 89079 Ulm Germany 41

Unlawful Levy of Charges

Image: Ainscough Crane Hire

Unlawful Levy of Charges Heavy Haulage Vehicle Escorting Fees charged by the Police– Just a Scottish Problem? Operators in the abnormal load sector, as with the whole transport industry, are already struggling to cope with the recession and spiralling costs. Abnormal load hauliers also have to deal with the police charging levies for escorting abnormal loads under Road Vehicles (Authorisation of Special Types) (General) Order 2003 (“STGO”). It is apparent that many police forces across the UK have started to raise invoices for escorting fees even when a police escort has not been specifically requested. The trend has become common practice in some policing areas and looks likely to spread across the UK. Hauliers must not accept abnormal load charging as being acceptable in all circumstances – and the payment of invoices should not become a matter of course.


England and Wales The police may levy an escorting fee, in accordance with ACPO Charging Guidelines, but only where the haulier has specifically made a request for a police escort. However, it is apparent that some police forces have assumed that, as soon as a haulier puts in a notification for an abnormal load movement, this carries with it an implied ‘request’ for a police escort and have been charging hauliers for escort services. This is not necessarily the case. The situation regarding the levy of charges by police forces differs between England and Wales and Scotland. In England and Wales, legislation permits charges to be levied where there has been a request for the provision of special police services (triggered under Section 25 of the Police Act 1996).

Hauliers must therefore be careful not to sign any police documents they are unsure about. The police have to establish that a request has been made to them before they can levy a charge. If the police, in the course of policing public roads, attend to escort without having been requested to do so - then that is up to them. There are only 2 potential justifications for charging for the provision of escort services in England & Wales: 1. An Expressed Request. Where there has been a specific request by the haulier (perhaps due to the difficulty of the route; or traffic control issues; or if the customer requests; or because insurers insist).

2. An Implied Request. Where a ‘course of dealings’ can be inferred as between haulier and police force; or where a haulier has otherwise given an indication that escorting charges would be paid. This usually occurs where hauliers have paid previous police invoices without question and/or have signed documents without considering the consequences. The recent Leeds United v Chief Constable of West Yorkshire Police case reinforces the position regarding non-payment for standard police services. In this case, the Court decided that it was the police force’s responsibility for the costs of policing public areas because it fell within the scope of normal police obligations.

The development of the legal issues; and the approach of the Court following the Leeds United case dictates that each and every matter will turn on its own facts and circumstances. There is no hard-and-fast rule. Advice must be sought. Scotland Historically, the basis for charging in Scotland was very much in favour of the haulier. There was very little basis for the Police to justify, or collect, charges for the escorting of abnormal loads. It was only the oversight and misunderstanding of hauliers – who mistakenly paid invoices – that allowed the Scottish Police Forces to recover any charges at all. Scottish Parliament were well aware of the shortcomings of the system and recently sought to tighten their grip on hauliers. In Scotland, the position changed as new legislation came into effect on 1st April 2013. Whilst

notifications and requests continue to be made to the regional forces – the policy, charging and operational matters have largely transferred to the new singular Authority – ‘Police Scotland’. Under the Police and Fire Reform (Scotland) Act 2012 and the Scottish Police Authority (Provision of Goods and Services) Order 2013, Police Scotland will have the authority to charge for all escorts which are undertaken post-1st April 2013. The Scottish regime has gone a step too far – and will undoubtedly be challenged. The effect, in practice, is that hauliers will be required to pay escorting charges for the movement of every abnormal load where the police are in attendance. The decision as to whether to attend lies solely with the police – and yet the haulier must continue to

Unlawful Levy Of Charges

notify. A cynical view might be taken – that the new regime is simply a facility for Police Scotland to squeeze hauliers for financial return. The position worsens for the haulier... for Police Scotland are also of the view that they now have authority to charge for escorting in advance of movement. In practice, this means that hauliers are forced to pay invoices before they move loads; and before they have been paid by their own client. It is certainly the case that the latest changes have gone a step too far. They are inconsistent with the England and Wales positions – and they are also inconsistent with the Leeds United case. There are likely to be further developments in the Scottish position. It is suggested that all operators adopt a cautious approach and seek legal advice before making payments.

Future Developments? If the landscape has changed in Scotland then it may not be long before England and Wales introduce new legislation to allow for such charging? Despite the seemingly draconian position adopted in Scotland – and despite growing instances of inconsistency in England & Wales – there is light at the end of the tunnel! Police authorities can only act within their statutory powers; or in circumstances where a haulier has voluntarily entered into a separate contract. It can be (and has been) successfully argued (in certain cases) that an attempt by police forces to contract to provide escort services, without the agreement of the haulier, would be unenforceable.

should consider attempting to recoup these fees. There is a realistic chance that hauliers may have an actionable claim. The usual limitation period is 6 years (5 years in Scotland), so any claim should be made within this time. Hauliers are well advised to put down a marker, to question the validity of escorting charges and to engage with police forces in advance. Disputes can be avoided – but only where the operator is proactive and committed to best practice. Each and every circumstance will differ in its facts and application. Hauliers must resist from making assumptions and should always seek professional advice. Actions committed now will inevitably impact on the position in future years.

Alexander Sandland (LLB Hons) Director, Dyne Solicitors Limited

Furthermore, if hauliers have already paid escorting fees over the past years, which were unlawfully levied, then they 43


Disclaimer: The Road Transport Law information is supplied by Dyne Solicitors Limited and every effort has been made to ensure that this information is as current and up to date as possible. However, the information should be used as a general guidance only and should not be regarded as a complete and authoritative statement of law. To ensure you receive the most up to date information in Road Transport Law contact Dyne Solicitors Limited on 0844 324 5307 to speak to someone direct. 45

Company Law

Image: Cadzow Heavy Haulage

Company Law

...a sole trader is someone who is in business on his own as a self employed person, and it is the most popular way to run a business in the UK...


Company law is used to control the various types of business organisation that exist in the UK. There are many types of business unit suitable for different purposes and involving different legal obligations and imposing different liabilities. The most common are: 1 Sole traders 2 Partnerships 3 Private and public limited liability companies Most small firms are sole traders or partnerships because they are simpler and so can be formed more quickly. Sole Trader A sole trader is someone who is in business on his own as a self employed person, and it is the most popular way to run a business in the UK. The Sole Trader is personally liable for all the debts of the business and

bears the entire risk of the business operations. However, in return for the risk, they can take all the profit which the business may yield. If a sole trader dies or retires then the business ceases. Advantages Sole traders can: 1 Form business with little formality 2 No need to register with Companies House 3 No need to disclose financial information to any organisation apart from HMRC 4 Own all assets of the business 5 Take risks more easily than other forms of organisation; 6 Maintain tight control over the business 7 Retain all profit 8 Make decisions without needing to refer to others 9 Alter the capital employed in the business

Disadvantages However, the downsides are: 1 Can carry less prestige, in that some people prefer to deal with a limited company 2 Personally liable for all debts 3 Everything depends on one person 4 Management of the business is in the hands of one person 5 Expansion may be difficult if financial resources are limited 6 Harder to sell the business as a sole trader Partnership A partnership is formed by the association of at least 2 people, who share risks and the profits of the business. It can be created informally and dissolved informally. It can be formed by a signed agreement, an oral agreement or even implied from the actions of the persons concerned.

A more formal arrangement would involve the use of a ‘partnership agreement’. This agreement is signed by all partners and contains the conditions under which the partners intend to carry out their business. The information contained within one includes: 1 Name of the partnership 2 Names of partners 3 Amount of financial contribution from each partner 4 Ratio in which profits and losses are to be accepted 5 How accounts are to be kept 6 Length partnership is intended to exist

Company Law

Advantages A partnership has the following advantages: 1 Set up with minimal formalities or expenses 2 No need to register with Companies House 3 No need to disclose financial information to any organisation apart from HMRC 4 Responsibilities can be shared and gives flexibility of control 5 Potentially greater capital and wider expertise being available Disadvantages The disadvantages are: 1 Partners have unlimited liability 2 Problems can occur if disagreement between partners

Limited Liability Partnerships (LLP) Limited liability partnerships are, in essence, half way between a partnership and a limited company. LLPs combine the flexibility of partnerships, with the protection afforded to limited liability companies. Two or more people can form an LLP by registering it at Companies House. There must always be at least two partners and usually the maximum number of members is 20. LLPs must file abbreviated financial statements at Companies House. They do not pay corporation tax but pay taxes on income. An LLP shares many of the features of a normal partnership but it offers reduced personal responsibility for business debts. Unlike members of ordinary partnerships, the LLP itself is responsible for any debts that it runs up and not the individual partners.

The Limited Company When a limited liability company is formed, shareholders provide the funds to start the business by purchasing shares the company issues and they effectively become the owners of the business. The shareholder’s liability for the debts of the business is limited to the amount they have spent on shares. The shareholders have no liability for the businesses debts because the company is treated as a separate legal person, differing from the shareholders who have created it. When a limited company is brought into existence it can enter into legal contracts, own property and be sued for breaches of civil law.

Advantages Creating a limited liability company has several advantages. These include: 1 Limitation of shareholder liability 2 Tax advantages over a sole trader 3 Greater access to capital invested by outside sources 4 Choice of company names is restricted and no-one else can use it. The only protection for sole traders and partnerships is trademark legislation 5 The company can out live its directors and shareholders, meaning that, with a family business say, it can easily be passed on to future generations 6 Added credibility which can make it easier to borrow money, raise capital and achieve financing without personal risk

Disadvantages Formal registration process requires memorandum and articles 1 Prescribed roles and obligations for directors 2 Information about the company’s finances is accessible to the public 3 Must hold annual meetings and the shareholder and directors have specific formalities to observe 4 Must pay annual fees and have periodic filing obligations 5 Owners have less personal control over the company compared to sole traders, due to compliance issues 47

Driver CPC

Driver CPC The Driver CPC was introduced across Europe for Large Goods Vehicle licence holders from 10th September 2009. It became applicable for drivers with LGV vocational licences and new drivers acquiring an LGV licence. Without it, a driver will be unable to drive LGV’s professionally. There are two parts to the Driver CPC: • Initial qualification for new drivers. (Drivers who already held a vocational licence in September 2009 were given acquired rights for the initial qualification) • 35 hours periodic training to be completed every 5 years Acquired rights drivers must therefore complete a total of 35 hours training by September 2014.


On qualification, drivers get issued with a Driver Qualification Card and will be required to carry evidence that they hold the Driver CPC when driving professionally. If a driver is found to be driving without their Driver Qualification card, a penalty may be issued. There are a number of exceptions to the Driver CPC including: • Vehicles with a maximum authorised speed of not exceeding 45 km/h • Vehicles used for carrying material or equipment to be used by that driver in the course of his or her work, provided that driving the vehicle is not the driver’s main activity

Acquired rights drivers must therefore complete a total of 35 hours training...



Drivers’ Hours Rules Image: Nicolas Industrie

Drivers’ Hours Rules Where you use analogue tachographs, you must also carry your driver smart card if you hold one, and all chart records (not photocopies) and any legally required manual records for the current day and the previous 28 calendar days. Where chart records have been made, they must be carried when driving, irrespective of whether the vehicle being used is equipped with a digital or analogue tachograph. You must return your charts to your employer within 30 days. If you do not have your driver smart card available during a roadside inspection, you will be committing an offence and you may be required to produce it at an address given by the officer at a later date so that it can be inspected at that time. Where you use digital tachographs, you must have your driver smart card available for inspection together with any charts and any legally required manual records for the current day and the previous 28 calendar days.

Rules Breaks from driving

A break of no less than 45 minutes must be taken after no more than 4.5 hours of driving. The break can be divided into two periods – the first at least 15 minutes long and the second at least 30 minutes – taken over the 4.5 hours.

Daily driving

Maximum of 9 hours, extendable to 10 hours no more than twice a week.

Weekly driving

Maximum of 56 hours.

Fortnightly driving

Maximum of 90 hours in any two-week period.

Daily rest

Minimum of 11 hours, which can be reduced to a minimum of 9 hours no more than three times between weekly rests. May be taken in two periods, the first at least 3 hours long and the second at least 9 hours long. The rest must be completed within 24 hours of the end of the last daily or weekly rest period.

Multi-manning daily rest

A 9-hour daily rest must be taken within a period of 30 hours that starts from the end of the last daily or weekly rest period. For the first hour of multi-manning, the presence of another driver is optional, but for the remaining time it is compulsory.

Ferry / train daily rest

A regular daily rest period (of at least 11 hours) may be interrupted no more than twice by other activities of not more than 1 hour’s duration in total, provided that the driver is accompanying a vehicle that is travelling by ferry or train and has access to a bunk or couchette.

Weekly rest

A regular weekly rest of at least 45 hours, or a reduced weekly rest of at least 24 hours, must be started by no later than the end of six consecutive 24-hour periods from the end of the last weekly rest. In any two consecutive weeks a driver must have at least two weekly rests – one of which must be at least 45 hours long. A weekly rest that falls across two weeks may be counted in either week but not in both. Any reductions must be compensated in one block by an equivalent rest added to another rest period of at least 9 hours before the end of the third week following the week in question. 51

Driving Licences

Driving Licences It is offence to drive, or to cause or permit another person to drive, a vehicle on a road without a valid licence for that category of vehicle. It is also possible that the vehicle insurance may become invalid. Driving Licence Checks It is recommended that employers take copies of their employees’ driver’s licences every 3 months. Also, it is possible to check with the DVLA that the information on a driver’s licence is correct, including: • Licence validity dates • Vehicle category entitlement • Any current endorsements • Any current disqualification However, a driver must give written permission for the check to take place. Minimum Age for Drivers The rules relating to drivers of vehicles and vehicle combinations over 3.5 tonnes changed in 2009.


Drivers must be at least: • 17 years old to drive small passenger or small goods vehicle (i.e. not over 3.5T gross weight and not able to carry more than nine people including the driver) • 21 years old to drive mediumsized goods vehicles and large goods vehicles • 18 years old to drive mediumsized goods vehicles and large goods vehicles if certain conditions are met or 17 if a member of armed forces Medical Examination Applicants for an LGV driving entitlement must satisfy certain medical standards on their first application, and for subsequent renewals, by means of a medical examination. After the age of 45, a further examination and completed medical certificate is required for each five yearly review of entitlement.

After the age of 65, a medical examination is required annually.

Without it, a driver will be unable to drive LGV’s professionally.

Photocard Renewals Drivers usually need to renew their photocard driving licence before it expires after 10 years.

There are two parts to the Driver CPC: • Initial qualification for new drivers. (Drivers who already held a vocational licence in September 2009 were given acquired rights for the initial qualification) • 35 hours periodic training to be completed every 5 years

Production of driving licences A police officer can ask to see a driver’s licence and, if it is not produced at the time, the driver will be asked to produce at a police station within seven days. The Traffic Commissioner can require a driver to produce their driving licence at the traffic area office within 10 days for examination. Professional Driver Training The Driver CPC was introduced across Europe for Large Goods Vehicle licence holders from 10th September 2009. It became applicable for drivers with LGV vocational licences and new drivers acquiring an LGV licence.

Acquired rights drivers must therefore complete a total of 35 hours training by September 2014. On qualification, drivers get issued with a Driver Qualification Card and will be required to carry evidence that they hold the Driver CPC when driving professionally. If a driver is found to be driving without their Driver Qualification card, a penalty may be issued.

Driving Licences

Compulsory Retests for Offending New Drivers If a new driver acquires six or more penalty points on their licence within two years of passing that test, the DVLA will automatically revoke the licence. The driver will then have to pass both the theory and practical test again in order to regain their full driving licence. Penalty Points and Disqualification A defendant will normally be disqualified under the penalty points system, if he collects 12 or more relevant points on his licence. Relevant points are those imposed for any offences committed within a period of three years. However, if a defendant already has a ‘penalty points disqualification’ in that period, then that effectively wipes the slate clean.

Driving Licence Categories Cars • Category B You can drive vehicles up to 3,500kg Maximum Authorised Mass (MAM) with up to 8 passenger seats (with a trailer up to 750kg). You can also tow heavier trailers if the total weight of vehicle and trailer isn’t more than 3,500kg. The fully loaded trailer can’t weigh more than the unladen vehicle • Category B auto You can drive a category B vehicle - but only an automatic • Category B+E You can drive a category B vehicle with a trailer when they have a combined weight over 3,500kg

Medium-sized vehicles • Category C1 You can drive vehicles weighing between 3,500 and 7,500kg (with a trailer up to 750kg) • Category C1+E You can drive C1 category vehicles with a trailer over 750kg, but the trailer - when fully loaded - can’t weigh more than the vehicle. The combined weight of both can’t exceed 12,000kg Large vehicles • Category C You can drive vehicles over 3,500kg (with a trailer up to 750kg) • Category C+E You can drive category C vehicles with a trailer over 750kg

Minibuses • Category D1 You can drive vehicles with: no more than 16 passenger seats - a maximum length not more than 8 metres and a trailer up to 750kg • Category D1+E You can drive D1 category vehicles with a trailer over 750kg, but the trailer - when fully loaded - can’t weigh more than the vehicle The combined weight of both can’t exceed 12,000kg

Other categories Category Vehicle you can drive F Agricultural tractor G Road roller H Tracked vehicles K Mowing machine or pedestrian-controlled vehicle L Electrically-propelled vehicle

Buses • Category D You can drive any bus with more than 8 passenger seats (with a trailer up to 750kg) • Category D+E You can drive D category vehicles with a trailer over 750kg 53

Tachographs - Operator's Responsibilities



Tachographs – Operator’s Responsibilities Operators have legal responsibilities for their own, and their driver’s, compliance with the rules. Operators must:





3 4 5


7 a b

Ensure tachographs are calibrated correctly Supply sufficient quantity of type-approved charts and print rolls to drivers Train drivers on the driver’s hours rules Ensure drivers return their used tachographs Ensure a driver’s work loads can be completed without breaching the rules Not use a bonus scheme which encourages or could encourage breaches of the rules Download the vehicle unit data: Every 56 days, Immediately before selling or hiring a vehicle to a 3rd party


f 8 a b c



Immediately upon removing the unit from service in the vehicle Immediately upon becoming aware the unit is faulty mmediately where it is foreseeable that the data will be erased As often as necessary to ensure no data is lost Download the driver card data: Every 28 days Immediately before a driver ceases to be employed Immediately when being made aware that a card is faulty or damaged Immediately where it is foreseeable that the data will be erased Where it is only possible to download the card via a vehicle unit, immediately before ceasing control of the unit


As often as necessary to ensure no data is lost 9 Monitor the tachographs and digital data to ensure compliance 10 Keep records for a minimum of 12 months

Image: GCS Johnson 55


Employment Contracts of Employment There is currently no requirement for these to be in writing. The contract of employment will be formed when an offer of employment by one party is accepted by another. Written Statement of terms Under S1 of the ERA 2002, an employer must, within two months of employment commencing, provide each employee with a written statement of terms and conditions relating to the following particulars: • Identity of the parties • Date employment began • Date continuous employment began • Scale or rate of remuneration and intervals of pay • hours of work • Any terms relating to: a Holidays and holiday pay b Sickness and sick pay c Pensions and pension scheme


Length of notice required to determine the contract • In the case of non-permanent employment, the period for which it is expected to continue or, if a fixed term, the date it is to end • Job title or a brief description of work • Place or places or work • Particulars of any collective agreements which directly affect the terms and conditions of employment • Where employees are required to work outside the UK for more than one month: a The period of such work b Currency of payment c Benefits provided d Terms relating to the return to the UK • Details of disciplinary and grievance procedures • Whether a contracting out certificate is in force under the Pension Schemes Act 1993 Any changes to the terms of employment set out in the written

statement must be notified in writing within one month of the change. Notice Periods Unless stated as greater in the contract, the notice required to be given by an employer to an employee continuously employed for at least one month is: • Not less than one week if continuous employment of up to two years • Not less than one week’s notice for each year if continuous employment of two years or more but less than 12 years • Not less than 12 weeks if continuous employment of 12 years or more Statutory Sick Pay An employee who is unable to work because they are too ill may be entitled to statutory sick pay. It will be paid by the employer and can be paid for up to 28 weeks.

Maternity Leave Only employees who work under contracts of employment are entitled to maternity leave. All pregnant women are entitled to up to 52 weeks’ maternity leave. The first 26 weeks are known as ordinary maternity leave and the remaining 26 weeks are known as additional maternity leave. There are some differences between the two regimes. Paternity Leave Fathers are entitled to a maximum of two paid weeks’ paternity leave following the birth of a child. Disciplinary and Grievance Procedures Statutory procedures to deal with discipline and grievance issues at work have been replaced by an ACAS Code of Practice.

Disciplinary Procedures The ACAS Code of Practice requires an employer to: • Establish the facts • Notify the employee in writing of the alleged conduct etc • Hold a meeting • Decide on appropriate disciplinary action • Inform the employee of the decision • Provides employee with an opportunity to appeal the decision Grievance Procedures When it is not possible to resolve the grievance informally then the code of practice requires: • The employee informs the employer of the grievance in writing • Hold a meeting to discuss the grievance • Decide on appropriate action • Allow the employee to appeal the decision if not satisfied


Pay Statements Employers must provide an itemised pay statement for all employees, regardless of hours worked. They must show: • Gross pay • Net pay • Amount of and purposes of variable and fixed deductions • Amounts and method of payment or part payment where different parts of the net pay are pad in different ways

Redundancy Redundancy payments should be paid to all workers who have been continuously employed for two years or more if and when they become redundant. The payments are as follows: • Half a week’s pay for employees up to the age of 21 • One week’s pay for each complete year of employment between the

ages of 22 and 40 One and a half week’s pay for each complete year of employment from the age of 41

If an employer proposes to make 100 or more people redundant at one establishment within a 90 day period they must first consult with ‘appropriate representatives’ of the employees are at least 90 days prior to the first dismissal taking effect. If planning more than 20 but less than 100 redundancies, the consultation must be at least 30 days prior. The Secretary of State at the Department of Business, Innovation and Skills must also be notified within the timescales.

Summary Dismissal If an employee commits a repudiatory breach of contract, an employer is entitled to treat the contract as discharged i.e. dismiss the employee without notice. Constructive Dismissal If an employee resigns from his job as a result of his employer’s behaviour it may be considered constructive dismissal. The employee would need to show that: • The employer committed a serious breach of contract • The employee felt forced to leave as a result of that breach • The employee has not done anything to suggest that he has accepted the breach or a change in employment conditions

Wrongful Dismissal An employee will have a claim for damages against his/her employer if the employer has dismissed him in breach of contract. This breach of contract action is known as wrongful dismissal. The action can be pursued in the civil courts of the employment tribunal. It should be noted that there are limitation periods, currently 6 years. Unfair Dismissal This is a statutory claim which can only be brought by certain employees who satisfy the eligibility criteria. It can only be brought before an employment tribunal. The success of the claim rests on whether or not there was a fair reason for dismissal and the reasonableness of the

Image: Collett & Sons Ltd

employer’s actions. A successful applicant may receive a basis award of compensation calculated in accordance with a set formula. In addition, he can receive a compensatory award to compensate for actual loss suffered.

Discrimination The Equality Act 2010 replaced most of the previous discrimination legislation. An employer may be in breach of statutory requirement if he discriminates against a person on the grounds of: • • • • • •

Race Religion and belief Sexual orientation Gender reassignment Sex or marital status Pregnancy and maternity

• • • • •

Age Disability Trade union membership Part time work Fixed (limited) term work

It is always advisable to seek early professional advice on employment issues. 57

Health & Safety at Work

Health & Safety at Work There are serious consequences (i.e. death or serious injury to drivers, coworkers or other members of the public) that can result from the following: •

• •

• • • • •


Failure to apply vehicle and trailer parking brakes when unattended Failure to apply vehicle and trailer parking brakes before connecting air-lines Failure to adequately secure loads Failure to take extra care when manoeuvring or reversing in the vicinity of pedestrians (particularly at collection and delivery points) Exceeding speed limits Driving when tired or suffering from ill-health Driving under the influence of alcohol or drugs Driving with defective eyesight Driving an overloaded vehicle

Driving a defective vehicle (e.g. defective brakes or loose wheel nuts) Driving in breach of the drivers’ hours rules

Breaches of health and safety law can lead to both criminal and civil liability. The law prevents insurance against criminal fines, which can run into thousands of pounds, however, it is possible to take out legal expenses insurance which will cover all or part of the legal fees. Employers’ Duties With regards to employer’s duties, the HSE guidance states the following: The Health and Safety at Work Act 1974 sets out the general duties which employers have towards employees and members of the public and employees have to themselves and to each other.

These duties are qualified in the Act by the principle of ‘so far as is reasonably practicable’. In other words, an employer does not have to take measures to avoid or reduce the risk if they are technically impossible or if the time, trouble or cost of the measures would be grossly disproportionate to the risk. What the law requires here is what good management and common sense would lead employers to do anyway, that is, to look at what the risks are and take sensible measures to tackle them. The Management of Health and Safety at Work Regulations 1999 (the Management Regulations) generally make more explicit what employers are required to do to manage Health and Safety under the Health and Safety at Work Act. Like the Act, they apply to every work activity.

The main requirement on employers is to carry out a risk assessment. Employers with five or more employees need to record the significant findings of the risk assessment. Risk assessments should be straightforward in a simple workplace. It should only be complicated if it deals with serious hazards such as those on a nuclear power station, a chemical plant, laboratory or an oil rig. Besides carrying out a risk assessment, employers also need to: 1 Make arrangements for implementing the Health and Safety measures identified as necessary by the risk assessment 2 Appoint competent people (often themselves or company colleagues) to help them to implement the arrangements

Health & Safety at Work

Image: John Hudson Trailers

3 4 5

Set up emergency procedures Provide clear information and training to employees Work together with other employers sharing the same workplace

Corporate Manslaughter In a situation where a death is caused through the negligence of an employer, the employer risks facing a charge of corporate manslaughter. This is punishable by an unlimited fine and the company may also have to publicly reveal their conviction and fine. A company will be guilty of the offence if: • The way in which activities are managed by senior management amounts to gross breach of duty of care, and • Those failings caused the person’s death

Who will be considered ‘senior management’? • Those persons who play a significant role in the decision-making process about how the company’s activities are managed and organised • It will be different in each case, depending on the size and structure of the business involved What will amount to a gross management failure? • If the company’s conduct fell far below that which could reasonably have been expected of it • Juries may also consider the extent to which evidence shows there were attitudes, policies, systems or accepted practices within organisation that were likely to have encouraged, or tolerated, such failings

Reporting work accidents Employers have a duty under the Reporting of Injuries, Disease and Dangerous Occurrences Regulations (RIDDOR) to report to the Health and Safety Executive the following incidents: • • •

• • •

Fatal accidents Major injuries Accidents resulting in an employee being off work for more than seven days Any work-related diseases Gas-related incidents Any dangerous occurrences, whether injuries occur or not

Risk assessment Many accidents can be prevented by undertaking a risk assessment and examining working practices. The HSE booklet recommends the following approach: • Identify hazards • Identify who can be harmed and how

• •

Evaluate the risks and decide whether existing precautions are adequate Record the findings Periodically review the assessment

Manual handling The Manual Handling Operations Regulations require employers to try to avoid the need for manual handling by using mechanical equipment. Where it can’t be avoided, employers should attempt to minimise the risk of injuries by: • Ensuring employees are trained in good handling techniques • Carrying out risk assessments • Asking employees about potential hazards • Ensuring drivers are alert to potential hazards • Providing a safe means of opening and closing trailer curtains 59

Health & Safety at Work

• •

Ensuring drivers are familiar with safe loading and unloading practices Avoiding high hazard manual lifting by palletising products Repackaging loads up into smaller sizes to reduce weight Providing systems for checking whether a load has shifted in transit Using mechanical aids

Load Security, Safe Loading and Unloading Loading and unloading can be dangerous. It is the company’s responsibility to ensure suitable vehicles and securing equipment are provided to enable loads to be carried safely. Companies should consider the following when carrying loads: • Making sure the vehicle’s load space is suitable • Using load anchorage points • Ensure lashings used are in


• •

good condition and suitable for the particular load Ensure the vehicle is not loaded too high Ensure the driver understands that the nature of the load will affect the drive of the vehicle

When loading and unloading, companies should: • Try to ensure the loading area is level • Ensure the area of loading is clear of traffic, pedestrians and people not involved in the loading • Ensure the area is clear of overheard cables, pipes or other obstructions • Protect against bad weather, such as strong winds which could cause a danger COSHH The Control of Substances Hazardous to Health Regulations require employers to do the following:

• • •

Undertake assessments of the work environment to determine potential hazards Attempt to minimise hazards Inform employees of risks which exist Train employees in safety procedures

Failure to comply with the regulations can lead to prosecution.

Working at height The Working at Height Regulations 2005 requires duty holders to ensure: • Work at height is avoided • All work at height is planned and organised • Risks are assessed • Appropriate safety equipment is used • Equipment is properly inspected • Those working at height are competent

Falls from vehicles A business can reduce the risk of falls by: • Avoiding the need for climbing onto trailers where possible • Providing steps and handholds where access is still required • Looking for safety features when buying a new vehicle • Supplying the most slip-resistant footwear • Making sure employees never walk backwards on a trailer • Preventing employees jumping from a truck cab or trailer • Regularly checking the condition of hand-holds to detect deterioration in loadbearing capacity

Image: John Hudson Trailers

Health & Safety at Work

Vehicle reversing Approximately half of workplace vehicle incidents involve reversing manoeuvres. Where the need to reverse cannot be eliminated, the removal of pedestrians from reversing areas should be implemented. Reversing alarms, reversing cameras, banksmen and flashing reversing lights should all be considered. Lifting regulations The HSE’s Simple Guide to the Lifting Operations and Lifting Equipment Regulations state that lifting equipment provided for use at work is: 1 Sufficiently strong, stable and suitable for the proposed use. Similarly, the load and anything attached (eg timber pallets, lifting points) must be suitable 2 Positioned or installed to prevent the risk of injury, e.g. from the equipment or the load falling or striking people 3 Visibly marked with any

appropriate information to be taken into account for its safe use, e.g. safe working loads. Accessories, e.g. slings, clamps etc, should be similarly marked Slips and trips A large number of injuries in the transport industry each year are caused by slips or trips. The following measures can help reduce the risks of them occurring: • Consider floor slip resistance when buying a new trailer or tail lift • Review different types of footwear to see which is most slip-resistance • Prevent liquid spills and clean them up immediately if they occur • Avoid the need to carry heavy objects over slippery surfaces • Ensure drivers remain alert to the risk of obstacles and kerbs when climbing down from the cab

Ten Tips for a Safer Site The Health and Safety Executive offers the following tips for having a safer site: 1 Have good lighting in all areas and check bulbs regularly 2 Keep delivery areas tidy – remove crates, bins, rubbish etc 3 Mark out with paint, parking areas for vehicles 4 Keep pedestrians apart from vehicles 5 Get a high visibility vest or jacket and wear it 6 Avoid reversing if possible 7 Send information about your site to drivers before they arrive 8 Drivers - check you have site information before you leave your depot 9 Mirrors can help cope with blind spots – keep them clean 10 Drivers stay in the rest room, safe area or the cab during unloading

Where the need to reverse cannot be eliminated, the removal of pedestrians from reversing areas should be implemented. 61

Load Security

Load Security Legal requirements and common sense require all loads carried on vehicle to be secure. This is to protect the people involved in loading, unloading and driving the vehicle. When a vehicle changes direction as a result of cornering, overtaking, braking or undulations in the road, friction is not enough to stop an unsecured load from moving. A person may be guilty of a criminal offence if they failure to ensure that the load is secure. Load Restraints must be sufficient to withstand a force of not less than: 1 The total weight of the load forward when braking 2 Half the weight of the load backward when accelerating 3 Half the weight of the load sideways when cornering


These should be regarded as minimum requirements, as greater forces are likely to be experienced in an accident. Headboards should: 1 Be capable of withstanding horizontal force uniformly distributed over its vertical area of half the rated payload of the vehicle 2 Be at least as wide as the cab width 3 Be high enough to obstruct forward movement of the load the vehicle is designed to carry 4 For maximum benefit, be in contact with the load 5 Not have apertures large enough to allow penetration by any part of the load 6 Be examined frequently for damage 7 Be sufficiently reinforced to prevent penetration by beams etc

Load Securing Equipment should be able to prevent movement of the load when accelerating, braking or cornering etc. The following principles should be followed: 1 Surfaces should not be slippery 2 If no headboard is used, baulking must be properly secured to the vehicle 3 The load anchorage points should be suitable in number and safe working capacity 4 Lashing must be properly tensioned and in good condition Sheeting A variety of loads need to be sheeted for legal and operational reasons. Useful guidance on safe sheeting methods can be found on the HSE website and the Department for Transport website or the Highways Agency website.

The Code of Practice – The Safety of Loads on Vehicles provides a list of do’s and don’ts regarding safe loads: Do's 1 Do make sure your vehicle’s load space and the condition of its load platform are suitable for the type and size of the load 2 Do make use of load anchorage points 3 Do make sure you have enough lashings and that they are in good condition and strong enough to secure your load 4 Do tighten up the lashings or other restraining devices 5 Do make sure that the front of the load is abutted against the headboard, or other fixed restraint, etc, so that your load cannot move 6 Do use wedges, scotches etc, so that your load cannot move. 7 Do make sure that loose bulk loads cannot fall or be blown off your vehicle

Don’ts 1 Don’t overload your vehicle or its individual axles 2 Don’t load your vehicle too high 3 Don’t use rope hooks to restrain heavy loads. 4 Don’t forget that the size and nature and position of your load will affect the handling of your vehicle 5 Don’t forget to check your load: • before moving off • after you have travelled a few miles • if you remove or add items to your load during your journey 6 Don’t take risks

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Operator Licensing

Image: West of Scotland

Operator Licensing Who needs an Operator’s Licence? Generally, you need an operator’s licence if you use: • A goods vehicle of over 3.5 tonnes gross plated weight, or • A goods vehicle with an unladen weight of more than 1525kgs where there is no plated weight to transport goods for ‘hire or reward’ or ‘in connection with a trade or business’, unless specifically exempt. Here, ‘goods’ means ‘goods or burden of any description’. Exemptions There are approximately 28 different vehicle types and activities which are not subject to operator licensing including: • Police vehicles, fire engines and ambulances • Tractors in certain circumstances • Vehicles being held ready for use in emergencies by water,


• •

• • •

electricity, gas and telephone undertakings Vehicles being used for funerals Vehicles being used for or in connection with (or on their way to) snow clearing or distribution of salt, grit etc Recovery vehicles Dual purpose vehicles Showmen’s goods vehicles and trailers

What kind of licence do you need? An operator’s licence can be issued in one of three formats: Restricted • This allows the carriage of goods, but only on own account, within Great Britain and abroad. Goods cannot be carried for hire or reward under a restricted licence

Standard National • This allows an operator to deliver or collect their own goods at home or abroad and to carry third party goods for hire or reward in the UK Standard International This permits the carriage of goods for hire or reward and own account within UK and abroad. How to get a licence To apply for a licence you need to complete a Form GV79 and submit it along with an application fee. The application must also be advertised in a local newspaper circulating in each place where you are applying to have your operating centres. This gives anyone owning or occupying buildings or land nearby the opportunity to make a representation against the application on environmental grounds.

Requirements for a licence You will need to satisfy the traffic commissioner that: • You are a fit and proper person • You have proper maintenance arrangements in place • You have sufficient funds in place to keep your vehicles fit and serviceable • You have a suitable operating centre • You have proper arrangements to ensure the rules about drivers’ hours are adhered to • For a Standard Licence, a CPC qualified person has continuous and effective responsibility for managing the transport operations of your business Undertakings Operators can become confused over what is required of them under the terms of their Operator’s Licence. The Operator’s Licence essentially involves a series of promises and undertakings to:

• Maintain the fleet in a safe condition • Carry out and record the safety inspections at intervals specified by the operator in the original Operator’s Licence application • Ensure drivers carry out daily safety inspections and such inspections are recorded • Ensure vehicles are not overloaded • Ensure drivers do not speed • Ensure drivers comply with the domestic / European drivers’ hours rules and the fitment and use of recording equipment (e.g. the tachograph) comply with the regulations • Hold the requisite financial resources to carry out the above obligations (in particular maintenance) Hold the appropriate professional competence (this does not apply to restricted licences). 65




You should also ensure that your load is adequately secured

Image: GCS Johnson

Overloaded Vehicles It is a serious offence to overload a vehicle and both employer and driver are liable to prosecution in respect of every overload. Separate offences arise in respect of each axle, gross and train overload and this can give rise to multiple summonses and the potential for significant fines. The Traffic Commissioner will also consider revocation or other enforcement action against an Operator’s Licence if an overload occurs. Details of your permitted weight are set out in the plating certificate located in the cab. If you suspect your vehicle might be overloaded you must: • Remove some of the load at the point of loading • Proceed to a weighbridge to check your weight (i.e. if still in doubt)

If you are proceeding to the nearest available weighbridge after loading and, on route you are stopped by the authorities, you will have a ‘copper bottomed’ defence if it transpires you were overloaded. You must, however, convince the authorities that you were indeed on route to the nearest available weighbridge. Bear in mind that fines for operating an overloaded vehicle can be substantial. Axle overloads A part or full load, if not positioned correctly, may give rise to either a rear or front axle overload. You must be particularly vigilant to avoid such a situation arising. Do not assume that because you are carrying less than your permitted maximum payload or the overall weight of the vehicle is within the maximum permitted limits that the individual axle weights have not been exceeded. Careful positioning of the load is

essential as will be the loading characteristics of the vehicle itself. Not all vehicles will distribute the weight of the load in exactly the same manner. This means you must never be complacent and, if in any doubt, you should check your axle weights individually. You should also be aware of the effect on axle weights when you are undertaking multi-drops. If part of a load is removed this may cause the distribution of the weight of the load to overload the front or rear axles, dependent on which part of the load is removed. You should also ensure that your load is adequately secured because the load moving forwards or backwards is not only unsafe but could equally give rise to an axle overload. These examples assume that the load is similarly packaged and has a similar centre of gravity. Heavy loads at the front or rear may alter the centre of gravity of

the overall load giving rise to axle overloads even if the load itself appears to be evenly distributed. Procedure at weighbridge if you are overloaded If you discover you are overloaded, then you must not continue your journey until the weight of the load has been reduced to within legal limits. After reducing or adjusting the load you should immediately reweigh the vehicle to ensure the axle weights and overall weight are legal before proceeding on your journey.

Avoiding an Overload There are several points to be aware of to avoid an overload. 1 Staff should be properly instructed about the vehicle’s payload and the goods 2 Attention should be paid to getting the correct load distribution 3 The vehicle should have a reasonable margin on the axle weights in relation to the gross weight 4 Where standard packages of uniform weight are carried, random checks on the weight should be undertaken 5 Drivers should be provided with the details of nearby weighbridges and instructed to use them 6 If in any doubt, vehicles should be check weighed 7 It may be appropriate to install on-board weighing equipment 67

Public Inquiries

Public Inquiries

A fine of £1000 by the Magistrates for an overload, defective tyre or brake


Why have I been called to a Public Inquiry? There may be many reasons for a public inquiry (financial, maintenance, objections by neighbours, the Road Haulage Association etc). It needs to be appreciated that Disciplinary Public Inquiries are invariably called where there has been a serious or continuing breakdown in maintenance systems or the Operator is under investigation for serious or continuing breaches of safety related regulations – defective vehicles, speeding, drivers’ hours etc. Should I be worried? You may suppose that the matters contained in the call up letter are ‘trivial’ or ‘insignificant’. Think again! The Traffic Commissioner obviously doesn’t share that view and now for a dose of reality! If you are unable to convince the Traffic Commissioner that the failings were inadvertent and the

deficiencies have been or will be corrected the consequences could be dire: • Revocation of the Operator’s Licence (no licence = inability to operate any vehicles over 3.5 tonnes.) • Suspension of the Operator’s Licence (suspension = inability to operate any vehicles on the Operator’s Licence for up to 6 months) • Curtailment of the Operator’s Licence (curtailment = a reduction in the number of vehicles able to be operated under the Operator’s Licence) Put another way a fine of £1000 by the Magistrates for an overload, defective tyre or brakes is nothing in comparison to having the entire fleet suspended for 2 weeks or worse, the Operator’s Licence being revoked!

Broken Promises “I spend my life in the company of men who have broken their promises to me” – Mrs Beverley Bell, Traffic Commissioner. Operators can become confused over what is required of them under the terms of their Operator’s Licence. The Operator’s Licence essentially involves a series of promises and undertakings to: 1 Maintain the fleet in a safe condition 2 Carry out and record the safety inspections at intervals specified by the operator in the original Operator’s Licence application 3 Ensure drivers carry out daily safety inspections and such inspections are recorded 4 Ensure vehicles are not overloaded 5 Ensure drivers do not speed 6 Ensure drivers comply with the domestic / European drivers’ hours rules and the fitment and

use of recording equipment (e.g. the tachograph) comply with the regulations 7 Hold the requisite financial resources to carry out the above obligations (in particular maintenance) 8 Hold the appropriate professional competence Call up Letter The call up letter will invariably require the operator to: • Return the acknowledgment slip • Return a list of currently specified vehicles • Submit the last 3 months bank statements and latest audited accounts The information requested needs to be submitted well before the hearing date. Bring (at least) the last 3 months’ maintenance records to the Inquiry.

Public Inquiries

Maintenance The vast majority of call up letters involve maintenance issues. Maintenance will either be done ‘in-house’ utilising fitters and mechanics in your employ (occasionally self-employed mechanics are used) or outsourced to an independent commercial vehicle garage. When you first applied for a licence you will have stipulated what the maintenance arrangements would be. If the maintenance is to be outsourced then there should be evidence of this in the form of a maintenance agreement. You are also under a duty to inform the Traffic Area Office of any changes to the maintenance arrangements and a copy of the maintenance agreement should be sent to the Traffic Area Office. The Vehicle Examiner’s report (annexed to the call up letter) will usually comprise narrative covering a visit (announced or unannounced) to the operating

centre and the inspection of all or some of the vehicles specified on the Operator’s Licence. If Prohibitions have been issued to vehicles specified on the licence, the list of Prohibitions (going back 5 years) will be detailed in the report and the Vehicle Examiners will comment on their findings and then at the conclusion list the matters that led the Vehicle Examiner to mark the maintenance arrangements as ‘unsatisfactory’. There will also be a form PG 13F, which is a copy of the inspection record completed following the site visit and handed over to the operator. This form will indicate whether or not there are any deficiencies in the maintenance and inspection systems operated by the client. This form is usually attached to the Vehicle Examiner’s report. In our experience the usual reasons for receiving an unsatisfactory maintenance report are:

• Failure to adhere to the promised safety inspection intervals (i.e. 4 weekly or 6 weekly safety inspections). Usually this is where a vehicle will have missed an inspection and / or there are gaps in the inspection intervals • Drivers are not adhering to a nil defect reporting system • Drivers are adhering to a nil defect reporting system but there is nothing to indicate that defects are being rectified or indeed to evidence when rectification is taking place • Vehicles are routinely failing annual MOT’s (indicates to Vehicle Examiner sloppy maintenance procedures) • Vehicles are attracting prohibition notices (defects identified at roadside spot checks or unannounced or announced inspections at the operating centre (indicates to Vehicle Examiner that the maintenance systems are failing)

In order to deal with maintenance related matters, it is important to assemble as much information about the maintenance arrangements as possible. What amounts to adequate maintenance is that there are procedures in place to ensure that vehicles are maintained in a safe condition. In other words the vehicle has no leaks, its braking systems are fully functional, its tyres are undamaged and have requisite tread depth, the lights, horn, indicator lights, wipers and other safety related equipment are all working properly and that safety critical components are not worn or damaged. The object of the exercise is to carry out regular safety inspections to identify defects so that such defects can be rectified before the vehicle goes back on the road.

It is important to assemble as much information about the maintenance arrangements as possible 69

Public Inquiries

Usually each motor vehicle and each trailer will have its own maintenance file...


The carrying on of regular safety inspections is essential but it is also important have a procedure for forward planning the inspections as well as to keep records. The forward planner, inspection and other maintenance related records must be kept for a minimum of 15 months. In other words, the forward planner, all safety inspection sheets, driver defect reports and records detailing repairs and rectification work must be kept safe. Usually each motor vehicle and each trailer will have its own maintenance file and usually the forward planner will be on your transport manager’s office wall. The forward planner This should detail for each vehicle the dates of all future safety inspections for a minimum of 6 months – preferably 12 months. Annual MOTs, 2 yearly inspection and 6 yearly calibration checks for tachographs should also be included on the forward planner.

Safety inspection sheets The safety inspection sheets are usually proformas and every box and entry should be completed. The mechanic who does the work should sign the inspection sheet and the mechanic or his supervisor should sign the certificate that the vehicle is fit for the road. The safety sheet should be dated and the kilometres entered in the appropriate box. If items requiring rectification have been noted, the initials of the mechanic carrying out the repair should be endorsed against the relevant item. The dates between successive safety inspection sheets must not exceed the notified intervals (i.e. 4 or 6 weekly or as the case may be). If gaps occur, then they need to be explained. For example, a vehicle might have been taken off road (VOR) for a couple of months because a part needed to be ordered from Korea etc.

Driver Nil Defect Reporting This is an area that seems to cause terrible confusion amongst operators and the position is really quite simple and straightforward. One of the undertakings given to the Traffic Commissioner is that drivers will carry out daily inspections of their vehicles before setting off on a journey. These inspections form part of the maintenance arrangements and therefore must be recorded. The best way of dealing with this is for the drivers to be issued with a duplicate book. Each day the driver should inspect the vehicle, checking for loose wheel nuts, leaks, lights, indicators and tyres etc. The driver should fill in an inspection sheet ticking off each item on the checklist and noting any defects. The top copy of the defect report sheet should be handed in to the transport manager irrespective of whether or not a defect exists. This is why the system is referred to as a ‘nil defect reporting system’.

The advantages of doing this should be obvious. If for example a vehicle is stopped at a road side check and several wheel nuts are found to be loose, the Vehicle Examiner will issue an immediate prohibition and may well ‘S’ mark the prohibition which denotes a significant maintenance failure (this is a red rag to a bull so far as Traffic Commissioner’s are concerned). If however, the driver has handed in a defect sheet indicating no defects and more importantly has put a tick in the box relating to wheel nuts security, the obvious inference will be that the wheel nuts loosened on the journey. This would not be indicative of a significant maintenance failure – enforcement action by the Traffic Commissioner is going to be unlikely for this reason alone (i.e. loose wheel nuts). Prohibition Notices Prohibitions or PG9s are issued by a Vehicle Examiner for a variety

Public Inquiries

of reasons ranging from loose wheel nuts, defective tyres, steering, suspension and leaks to overloads or excessive emissions. The list is potentially endless. Prohibitions are either ‘Immediate’ or ‘Delayed’. If the Vehicle Examiner considers that the defect is a result of a significant maintenance failure the Vehicle Examiner will mark the prohibition with an ‘S’. The inference will be that the safety inspections are inadequate or not being done correctly. The Vehicle Examiner may cross reference the prohibition with the previous safety inspection sheet to see if the defect was picked up previously and then not rectified. If that is the case, then the inference is doubly bad! It would be equally as bad if the Vehicle Examiner formed the view that the defect would have been manifest for a considerable period yet was not spotted at the last inspection! Worse is yet to come. What if the

Vehicle Examiner has checked the driver defect reports and noted the drivers have reported the defect but nothing has been done to rectify the problem (until of course after the PG9 is issued). What if the defect was obvious yet the driver has failed to report it?! These are all issues that need to be dealt with - they simply cannot be ignored. The Traffic Commissioner is likely to spot them. It is usually better both for you if you have spotted them too, otherwise it is going to be difficult to deal with the matter spontaneously at the Public Inquiry! The fact that a vehicle picks up an immediate prohibition is by no means fatal. A component may fail in a safety critical area (master cylinder/ air chamber) that is a non-serviceable component. Obviously the vehicle must be prohibited immediately but no blame will necessarily be attached. Delayed prohibitions are

issued for non safety critical defects (slight leak) and the Vehicle Examiner will delay the prohibition for a period ranging from 3 to 10 days depending on the severity of the defect. It is therefore important to know what sort of prohibition has been issued and also important to cross check the date of issue of the PG9 with the last safety inspection and the driver’s daily defect report. It should be noted that if a vehicle is submitted for a clearance test and either fails for the same defect or a new defect this will cast a shadow over the credibility of your maintenance systems for what should be fairly obvious reasons. It is just as important to investigate the circumstances leading to the failure on retest – when this happens the operator is issued with a PG9 (A), which denotes a variation to the original PG9 – always a bad sign – don’t ignore it - deal with it!

The Public Inquiry Public Inquiries are heard in relatively formal surroundings, either at the Traffic Area Office or in a local Magistrates Court, Council Office building or local hotel (if objections from neighbours are to be heard). The proceedings are tape-recorded. The Traffic Commissioner or his/ her Deputy will preside. There is no other prosecuting advocate present. The Traffic Commissioner is effectively an Inquisitor. The Clerk will announce the case; the Traffic Commissioner will make some opening remarks and then call upon the Vehicle Examiner to read his report. Occasionally the Traffic Commissioner will suggest the Vehicle Examiner report be adopted (presumably to speed up proceedings). Once the Vehicle Examiner’s evidence is in you have an opportunity to cross-examine

the Vehicle Examiner. There are no rules of evidence as such, however, the principles of crossexamination remain the same as in any other Court. You will then be invited to call your witnesses (i.e. you and /or your transport manager or any other witnesses you decide to call). The Traffic Commissioner may ask questions. In fact sometimes the Traffic Commissioner will ask a great many questions as this is by its very nature an inquisitorial tribunal. The Traffic Commissioner can then hear closing submissions. The Traffic Commissioner is directed to revoke a licence under S 27 of the Act if more than one serious offence has been committed (in the case of individuals) or if the operator has lost its repute, does not have the requisite professional competence or sufficient financial standing. 71

Driver Conduct Hearings

Driver Conduct Hearings The criminal courts punish drivers who have committed offences, whilst the Traffic Commissioners decide whether a driver is fit to have a vocational licence. In most circumstances a driver will have been called to a disciplinary driver conduct hearing because they have recently been convicted. Decision without a Hearing A Traffic Commissioner is able to make a decision without holding an oral hearing. In those circumstances, a letter is sent to the driver stating that the Traffic Commissioner is considering a particular course of action and inviting that driver to agree to that action, or alternatively to make written representations or request an oral hearing.


Oral Hearings Hearings are inquisitorial in nature and provide an opportunity for a driver to explain his situation. A driver has the opportunity to present any evidence he wants before the Traffic Commissioner and ask that it be taken in to consideration. The hearings themselves are generally open to the Public. Traffic Commissioner’s Decision The Traffic Commissioner is likely to opt for one of three outcomes depending on the severity of the allegations: • Written Warning: The Traffic Commissioner may choose to issue a warning letter, which a driver is expected to adhere to • Suspension: The Traffic Commissioner may suspend a driver’s vocational licence and therefore ability to drive

for a short period Disqualification: The Traffic Commissioner is able to disqualify a driver from holding a full vocational licence until the driver passes a test

New Drivers If a driver under 21 accumulates more than 3 penalty points, they are automatically disqualified from holding a vocational licence until they reach 21. Also a new driver who receives 6 penalty points within the first 2 years of passing their test will have their licence revoked. If the driver is over 21, all of the driver’s entitlements will be restored once he passes a test in any of his previously held categories. The driver’s goods vehicle entitlement will be referred to the Traffic Commissioner.

In most circumstances a driver will have been called to a disciplinary driver conduct hearing...

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Road Transport Litigation

Road Transport Litigation Receiving a Summons Generally, the first notification of a hearing is the summons which normally arrives in the post. The correspondence will set out the details of where and when the case is to be heard.

Attending Court Most Court hearings will be listed at either 10am or 2pm. Often a number of matters are listed at the same time and so defendants will have to wait around until their case is heard.

Entering plea At the first hearing, a defendant is usually expected to enter either a Guilty or Not Guilty plea. In unusual circumstances, no plea may be entered and the hearing adjourned.

The summons sets out the alleged offence and the date and location it is said to have occurred. It is also likely that the prosecution includes its evidence, such as witness statements, photographs, weighbridge results or tachographs - depending on the offence. The summons will also outline the prosecution costs which are being asked for.

Who decides your case? If the case is heard in the Magistrates’ Court then the matter will be heard by either three magistrates or a District Judge.

If a Guilty plea is entered then it is likely that sentencing will take place that day.

Most traffic offences will be dealt with in the Magistrates Court but some more serious offences, such as death by dangerous driving, will end up in the Crown Court.


The three magistrates are usually lay people and aren’t legally trained, whilst District Judges will be qualified lawyers. Both magistrates and District Judges are assisted by a legal advisor, whose job it is to ensure that procedures are adhered to and that the magistrates are properly directed as to the law.

If a Not Guilty plea is entered, then the matter will be adjourned for either a Case Management Hearing (prior to Trial) or a Trial. A defendant can change their plea from Not Guilty to Guilty at any time they wish, but the earlier they enter a Guilty plea the more discount they will receive on their sentence. The Trial / Sentencing Hearing In both situations, the prosecution will set out its case first. If it is a trial then this will be actioned through witnesses giving

evidence. If it is a sentencing hearing then the prosecutor will just read a summary of the facts of the case. Next, the defence will put its case forward. If this is a trial then it will, again, introduce evidence through witnesses. If it is a sentencing hearing then the defence will just be providing mitigation which may, or may not, require the use of witnesses. The decision The magistrates or district Judge may well retire at the end of the case to make their decision. In complex cases you may not learn the outcome until a few weeks later but this is rare. Once the magistrates or district judge have made their decision they will return to the court room to pronounce their decision.

Potential sentences There are sentencing guidelines in the magistrates’ courts which provide rules on the type of sentence each offence should receive. Depending on the positive and negative features of the particular offence, the sentence will move up or down the range of available sentences. An experienced lawyer should know what evidence is likely to persuade a court that an offence should be dealt with leniently and what evidence is not important. The unrepresented individual may have some great mitigation to explain why they committed the offence but not appreciate its relevance and therefore leaving themselves with a more severe punishment than they deserve because it is never communicated to the Court.

7 Deadly Sins

7 Deadly Sins...

The 7 most serious infringements that that must be considered by a Traffic Commissioner when considering loss of good repute for an Operator or Transport Manager are detailed below.

...the Deadly Sin only bites if a penalty has been incurred in respect of it...

1 a) Exceeding the maximum 6day or fortnightly driving time limits by margins of 25 % or more b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50% or more without taking a break or without an uninterrupted rest period of at least 4.5 hours 2 Not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.

3 Driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle. 4 Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.

5 Carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence. 6 Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents. 7 Carrying goods exceeding the maximum permissible laden mass by 20% or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25% or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.

These are referred to as the 7 Deadly Sins. If an Operator or Transport Manager commits any one or more of these Deadly Sins then their repute is on the line. Certainly repute would be lost unless the Traffic Commissioner decided that loss of repute would constitute a disproportionate response. If the Traffic Commissioner decides the loss of good repute would not constitute a disproportionate response, the committing of a Deadly Sin will lead to the loss of good repute. But note the Deadly Sin only bites if a penalty has been incurred in respect of it. 75

10 Simple Mistakes Operator’s Licence Holders Make

10 Simple Mistakes Operator’s Licence Holders Make We come across simple mistakes, some administrative in nature, that licence holders make. They are, in no particular order, as follows: 1



An Operator may hire a vehicle, perhaps on a long term contract, but the maintenance on that vehicle is undertaken by the owner of the vehicle. (However, the Operator does not specify the new maintenance provider by informing the Traffic Commissioner that this 3rd party is also undertaking the maintenance Assume an operator is on 6 weekly Pre-Maintenance Inspection (“PMI”) intervals. If a vehicle was used for 2 weeks after the last PMI and then is off the road for 8 weeks, some Operators assume that they have another 4 weeks of ‘roaduse’ before the inspection is

...Operators need to make sure the paperwork confirms that the work has been done...

due. However, what they should do is undertake a first use inspection prior to the vehicle going back on the road. 3


An Operator will receive a prohibition and then file it away without first investigating the root cause. An Operator may not look at their 6 weekly inspection sheets to check that defects

are signed off as rectified when they have been rectified. Although the work has been done, Operators need to make sure the paperwork confirms that the work has been done. 5

Again, with daily defect checks, if a fault is recorded by the driver then make sure the rectification work is recorded on the daily defect sheet. Make sure that it is

signed off and dated. If an external contractor is used to do the repair work then it can be helpful to staple the invoice to the daily defect sheet. 6

Operators can often fail to notify the Traffic Commissioner about a change in the company’s directors.


Operators will often fail to notify the Traffic Commissioner about a notifiable conviction. This has to be done within 28 days of the conviction.


Operators may apply to the Traffic Commissioner for an increase in their licence without first checking that their operation is being run compliantly. The application may well trigger a VOSA visit and so operators should make sure they are

compliant, perhaps through the use of an independent audit, before submitting the application. 9

Operators shouldn’t rely on their external maintenance contractor to do their job properly. Operators should be permanently monitoring them to make sure paperwork is completed on time and correctly. PMI sheets should be returned with the vehicles.

10 If a vehicle is off the road then place a VOR sign in the cab. It can often happen that a driver will take a vehicle out on the road without the company’s authority because no one has told him the vehicle is VOR’d and there is no sign in the cab.

Transport Managers for Standard Operator’s Licences

Transport Managers for Standard Operator’s Licences A professional competent person, more commonly known as a Transport Manager, must be nominated on a standard licence. This can either be the person holding the licence or a person employed by the operator. Internal or External Transport Manager Transport Managers are now categorised as ‘internal’ or ‘external’. An ‘internal’ Transport Manager will have a genuine link to the operator, being a full or part time employee, director or owner. An ‘external’ Transport Manager will be a person under contract to an operator on a part time basis and who will only be permitted to work for a maximum of 4 operators with a combined total fleet of 50 vehicles (although Traffic Commissioners could set

lower limits in individual cases). The Operator must have a contract with the external Transport Manager specifying the tasks they perform as transport manager. Requirements of a Transport Manager A designated Transport Manager must: • Be of good repute • Be professionally competent • In the case of an external Transport Manager, is not prohibited from acting as a transport manager by a Traffic Commissioner, and is not designated to act in that capacity for more than 4 operators or be responsible for more than 50 vehicles (or such smaller number as the Traffic Commissioner considers appropriate)

Replacing a Transport Manager If a Transport Manager is changed at any time, then the Traffic Commissioner needs to be notified immediately using the correct form. Declaration of Unfitness Information on Transport Managers and operators is now shared between EU Member States. Traffic Commissioner’s now have the power to take direct regulatory action against a Transport Manager and to potentially declare him or her ‘unfit’. This declaration of unfitness would be entered into the UK national register of operators and the declaration would be shared with licensing authorities in other Member States. In other words, an EU wide ban would be imposed until the Transport Manager’s repute was restored

Guideline Hours of Work Required by a Transport Manager Motor vehicles

Proposed Hours (per week)

2 or less




6 – 10


11 – 14


15 – 29

Full time

30 and above

(Full time) Additional assistance required

Additional hours may be required for trailers. At a Public Inquiry, a Traffic Commissioner can and will investigate the role a Transport Manager has played in connection with any breach of undertaking or non-performance as regards the Operator’s Licence. This could potentially lead to a Transport Manager’s disqualification from being a Transport Manager.

The Transport Manager has a right of appeal of this decision to the Upper Tribunal. 77

Waste Management

Waste Management Companies have a duty of care that all reasonable steps are taken to prevent the escape of waste, that waste is only transferred to persons authorised to accept it and that a description of the waste and parties involved is documented for each transfer. Breaching this duty of care is a criminal offence and potentially subject to an unlimited fine in the Crown Court. Handling Waste by an Authorised Person Waste must only be handled by an authorised person, or by a person authorised to transport it. Waste Transfer Notes When waste is transferred, a written description of the waste must be provided as well as a Waste Transfer Note.


The descriptions should include the type of premises or business from which the waste comes, the name of the substance, the process that produced the waste and a chemical and physical analysis. The Waste Transfer Note should be signed by both parties and must include a certain amount of information, including details of the waste, details of the transfer, details of the parties involved in the transfer etc. The Government is considering whether alternatives to the waste transfer note could be used and was due to be consulting on these in 2013. Registered Carriers Normally, carriers of controlled waste must be registered with the Environment Agency (or similar body). A number of exemptions do exist though.

From December 2013, even those carrying waste they have produced themselves will need to be registered. Carrier’s Responsibilities The operator is responsible for his load and so should consider the following points: • Whether the packaging is adequate • If the waste has been altered, then a new waste description must be provided • Complete a quick inspection of the materials • Make sure that Waste Transfer Notes are signed and kept for two years Operator Licensing for Skip Operators Operator Licensing applies to Skip Operations where skip vehicles over 3.5 T GVW are operated. Normally just a Restricted Operator’s Licence is required and there is also no

requirement for a nominated Transport Manager. This is because the skip operator is regarded as only carrying goods (i.e. waste) for use in connection with its business and not for hire or reward. If a skip operator is carrying waste as a subcontractor, for another operator, then a Standard Licence will be required as the operator is carrying for hire or reward. This will necessitate the appointment of a technically competent person to take responsibility for the management of the operation of the vehicle or fleet of vehicles. This technically competent person is known as the nominated Transport Manager who must hold a CPC qualification.

Breaching this duty of care is a criminal offence


DSL is a niche regulatory practice undertaking road transport and environmental work, with a national reputation offering a range of specialist services, including advocacy and consultancy in road transport, waste, environmental and health and safety.

can do a lot more in five weeks”. The practice has an international client base covering operator licensing, public inquiries, consultancy, international transport and defence work in the courts. We offer a Transport Advice Service and for clients we are able to assist in obtaining Legal Expense Insurance.

We have been recognised as a specialist in transport law in the recently published, 2013 edition of the Legal 500, which is described as the definitive guide to capabilities of legal practices across the UK. DSL was also a winner of the Liverpool Law Society Niche Law Firm Award in 2011.

The practice is also able to offer all types of litigation and dispute resolution linked with transport, including carriage CMR and GIT claims, advice on liens, insurance disputes, sale of goods and terms and conditions. A particular issue to some of our clients carrying abnormal loads is police charging levies for escorting abnormal loads under Road Vehicles (Authorisation of Special Types) (General) Order 2003 (“STGO”). Police authorities can only act within their statutory powers; or in circumstances where a haulier has voluntarily entered into a separate contract. It can be (and has been) successfully argued (in certain cases) that an attempt by police forces to contract to provide escort services, without the agreement of the haulier, would be unenforceable.

We work closely with industry and professional organisations such as the HTA, BSA, and IoTA and we are secretariat to HTA and BSA. The Road Transport Department is headed by John Dyne, a wellregarded transport lawyer who is assisted by Jared Dunbar, an associate solicitor, who has an enviable track record with PI’s. Senior Traffic Commissioner Beverley Bell recently commented, “Mr Dunbar has moved heaven and earth since he was instructed on Thursday. He has put together a very good case so, if he can do that in effectively five days, I am sure he

Furthermore, if hauliers have already paid escorting fees over the past years, which were unlawfully levied, then they should consider

attempting to recoup these fees. There is a realistic chance that hauliers may have an actionable claim. The usual limitation period is 6 years (5 years in Scotland), so any claim should be made within this time. Hauliers are well advised to put down a marker, to question the validity of escorting charges and to engage with police forces in advance. Disputes can be avoided – but only where the operator is proactive and committed to best practice. Each and every circumstance will differ in its facts and application. Hauliers must resist from making assumptions and should always seek professional advice. Actions committed now will inevitably impact on the position in future years. Thinking of moving your operating centre or opening another? Then DSL can help with the sale and purchase or the leasing of the premises. We can also provide planning advice – then don’t forget once you’ll also need to update your Operator Licence! Our clients tell us that we don’t just focus on purely technical solutions: we’re pragmatic, proactive and commercially-minded, that we’re down-to-earth and approachable, and we use plain English. DSL recognises that all our clients’ needs

are unique, so we provide the particular service that a particular client wants. We take time to establish the most efficient means of communicating as we understand that successful relationships are a key part of business life. Our particular expertise in commercial property, planning, minerals, waste, health and safety and environmental law supports our road transport offering meaning that clients can seek assistance on such issues with a single source legal service. We are able to offer advice in Cantonese, French, German, Italian and Welsh.

Dyne Solicitors Limited The White House, High Street, Tattenhall, Chester, Cheshire CH3 9PX Tel: 01829 773100 Fax: 01829 773109 Email: 79

Wheel Security

Wheel Security The Code of Practice for the selection and care of tyres and wheels for commercial vehicles (developed jointly by the Department for Transport, the British Standards Institute and industry and trade associations) recommends that following road wheel removal and refitting, the wheel nut torque should be re-checked after the vehicle has been standing for 30 minutes or after having travelled between 40 km and 80 km (25 to 50 miles). If you know that a wheel has recently been refitted, you should check to ensure that the wheel nuts have been retorqued in accordance with these recommendations. If the wheel nuts are not retorqued, there is a serious risk of loosening wheel nuts, damage to the studs and eventual detachment of the wheel. This could occur over a relatively short distance – so even


if a driver checked his wheel nuts as part of his daily check, this might not be enough to prevent wheel loss with potentially fatal consequences. Driving a vehicle in a dangerous condition carries a severe penalty for drivers and is an endorseable offence.

The wheel nut torque should be re-checked after the vehicle has been standing for 30 minutes...

Image: FTX Logistics 81

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Drink Driving

Drink Driving Sentencing guidelines for drink driving Level of Alcohol (quantity per 100ml) Breath


Guideline starting point


Blood (mg)

Urine (mg)


81 – 137

108 – 183

12 – 16 months

Band C fine

60 89

138 – 206

184 – 274

17 – 22 months

Band C fine

90 – 119

207 – 275

275 – 366

23 – 28 months

Medium level community order

120 – 150 and above

276 – 345 and above

367 – 459 and above

29 – 36 months

12 weeks custody

• Maximum fine is £5000 and/or 6 months in prison • Minimum sentence is 12 months disqualification, unless special reasons can be argued • However, must disqualify for at least 2 years if the offender has had 2 or more disqualifications for periods of 56 days or more in the preceding 3 years

• A defendant convicted will receive both a fine (and/or prison) and a 12 month disqualification (unless they can argue special reasons) • Band C fine = starting point of 150% of relevant weekly income and a range of 125% 175% of the relevant weekly income

Special reasons mitigation An automatic driving ban can be avoided if a defendant can argue special reasons. Special Reasons are a mitigating circumstance directly connected with the commission of the offence. A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason. They include an emergency situation, duress, shortness of distance or a laced drink.

Negative features which will mean a more severe penalty 1 2 3 4 5

Ability to drive impaired Caused injury, fear or damage Police pursuit Evidence of nature of driving Type of vehicle driven eg goods vehicle PSV 6 High reading 7 Poor road or weather conditions 8 Location e.g. near a school

Positive feature (other than special reasons) which will mean a less severe penalty 1 Co-operation with police 2 Genuine emergency (but not amounting to special reasons) 3 Spiked drinks (but not amounting to special reasons) 4 Very short distance driven (but not amounting to special reasons) 83

Driver Daily Checks

Image: John Hudson Trailers Ltd

Driver Daily Checks All drivers must carry out a daily vehicle inspection and complete a driver’s defect report for each vehicle before commencement of driving. A company should operate a ‘nil defect’ reporting system, which means that a defect report must be submitted each day irrespective of whether there are any defects to report. If there are


no defects, then a driver should state ‘nil defects’ on his report. The ‘nil defect’ reporting system is a requirement of the Traffic Commissioner and failure to adhere to this requirement could jeopardise holding an Operator’s Licence. Defect sheets must be properly completed and include a driver’s

name, vehicle registration number, odometer reading as well as the date and time of the check. Any rectification or repair must be noted on the driver’s defect report. The defect sheets will form part of the maintenance record for the vehicle and must be maintained for a minimum of 15 months.

McIntosh Plant Hire (ABDN) Ltd Birchmoss Depot, Echt, Westhill, Aberdeenshire AB32 6XL Tel: 01330 860 751 Fax: 01330 860 749 Email: /

As a key part of the successful McIntosh Plant Hire (Aberdeen) Limited operation (MPH). McIntosh Heavy Logistics (MHL) is the road transport division dedicated to providing a high quality, professional, specialised heavy haulage service. MHL are recognised experts in the movement of heavy and abnormal loads on a local and UK wide basis.

MHL and MPH are committed to providing a quality, cost effective service to all our customers.

Being strategically located in the Oil Capital of Europe, MHL is at the heart of Energy and Oil & Gas sectors, trusted with handling the specialised transportation requirements of many of the sectors major players. MHL are proud to work closely with our customers in providing solutions to transportation challenges further supported by access to our dedicated Energy Sector storage and support facility.


Driver’s Medical Requirements

Driver’s Medical Requirements General Medical Examination Applicants for an HGV driving entitlement must satisfy certain medical standards on their first application, and for subsequent renewals, by means of a medical examination. After the age of 45, a further examination and completed medical certificate is required for each five yearly review of entitlement. After the age of 65, a medical examination is required annually.

Image: Goldhofer Aktiengesellschaft

Eyesight The DVLA has stated that the following applies to drivers with regards to the medical requirements for eyesight: Vision All Drivers • Must be able to read a number plate (post-1.9.2001 font) from 20 metres, with corrective lenses if necessary • Must have a binocular visual acuity of 0.5 (6/12), with corrective lenses if necessary • If a driver has been advised by their doctor or optometrist that they cannot meet 0.5 (6/12) with corrective lenses, they must tell DVLA • Drivers who cannot meet this standard will not be licensed • Bioptic (telescope) devices are still not permitted for driving in the UK

Vision Group 2 (lorry and bus) drivers • Must have a visual acuity of 6/7.5 in the better eye and the worse eye standard has reduced to 6/60 • If glasses are worn, this must have a power no greater than +8 dioptres (dioptres = strength of the glasses lens) • If a doctor completing a medical examination required for lorry and bus driver licensing cannot measure 6/7.5 on the Snellen Chart or interpret a driver’s glasses prescription (where glasses are worn), the driver will need to have the vision assessment section of the D4 examination report completed by an optician • Any fees associated with the completion of the D4 examination report must be paid by the driver

Diabetes Diabetics on insulin are allowed to hold DVLA group 2 licences. However, there are strict requirements and a driver will need to get a statement from a diabetes consultant each year confirming details of the treatment. Heart attacks After a heart attack, an HGV driver cannot drive his HGV for at least 6 weeks. The driver will need to undergo a treadmill test, lasting nine minutes, as well as satisfying other requirements during the test. Epilepsy The medical standards for epileptic fits are complicated and the rules vary depending on what has occurred. However, for a fullblown epileptic fit, a driver would be unable to drive for at least ten years.

After the age of 45, a further examination and completed medical certificate is required...

” 87

Fixed Penalty Notices

Fixed Penalty Notices How they work Penalties range from £30 to £200 and can cover anything from vehicle defects, through to tachograph offences or no insurance. There are proposals to also introduce them for careless driving. Action to Take – Payment or Appeal to Court Operators and drivers should consider carefully what to do regarding a Fixed Penalty Notice. It is all too easy just to pay the small fine and not challenge it, even when you are innocent of the alleged offence. However, both operators and drivers need to consider the regulatory action which could result from just paying the fixed penalty. In other words, for an operator it could lead to a Public Inquiry and for a driver it could lead to Driver Disciplinary Hearing. Both could result in disciplinary action being taken on


the respective licences of the company or driver, which could include either suspension or loss of the licence. Anyone receiving a fixed penalty notice has up to 28 days to decide whether to appeal it or pay it. If you appeal the notice, then a court summons will be issued in due course and you are able to then put forward your defence at Court. Going to Court To appeal the matter to Court, individuals need to complete the relevant section of the fixed penalty notice and return it to VOSA/Police without any payment. This must be done within 28 days of the notice being issued.

Costs of Going to Court and Insurance However, even if you are successful in defending yourself in court you may not be entitled to recover all of the money you have spent on legal fees. Companies are not entitled to recover any costs and individuals are only entitled to recover their fees at legal aid rates, approximately one third of what they are likely to have paid. It is now more important than ever to have legal expenses cover in place.

Operators and drivers should consider carefully what to do regarding a Fixed Penalty Notice...

Working Time Rules

Image: Collett & Sons

Working Time Rules According to VOSA’s guidance, the Working Time Rules that apply to a driver depend on whether a vehicle is in scope of the EU or GB domestic drivers’ hours rules. EU drivers’ hours rules If in scope of the EU rules, then a driver is subject to the Road Transport (Working Time) Regulations 2005 (as amended), unless a driver is an occasional mobile worker. The main provisions of the Working Time Regulations are: • Weekly working time must not exceed an average of 48 hours per week. A maximum working time of 60 hours can be performed in any single week, providing the average 48-hour limit is not exceeded. • Night work must not exceed 10 hours in any 24-hour period. Night time is the period between 00.00 and


04.00 for goods vehicles. The 10-hour limit may be exceeded to 12 hours, if permitted under a collective or workforce agreement. Breaks: • Mobile workers must not work more than 6 hours without taking a break. • If working hours total between 6 and 9 hours, working time should be interrupted by a break or breaks totalling at least 30 minutes. • If working hours total more than 9 hours, working time should be interrupted by a break or breaks totalling at least 45 minutes. • Breaks should be of at least 15 minutes’ duration. Rest: the regulations are the same as the EU drivers’ hours rules.

Record keeping: records need to be kept for two years after the period in question.

mobile worker is taking a break or performing other work i.e. navigation).

The reference period for calculating the 48-hour week is normally 17 weeks, but it can be extended to 26 weeks if this is permitted under a collective or workforce agreement. There is no ‘opt-out’ for individuals wishing to work longer than an average 48-hour week, but breaks and ‘periods of availability’ do not count as working time.

In addition, you are affected by two provisions under the Working Time Regulations 1998 (as amended – ‘the 1998 Regulations’). These are: • An entitlement to 5.6 weeks’ paid annual leave; and • Health checks for night workers.

Generally speaking, a period of availability (POA) is waiting time, the duration of which is known about in advance. Examples of what might count as a POA are accompanying a vehicle on a ferry crossing or waiting while other workers load/unload your vehicle. For mobile workers driving in a team, a POA would also include time spent sitting next to the driver while the vehicle is in motion (unless the

If you only occasionally drive vehicles subject to the EU drivers’ hours rules, you may be able to take advantage of the exemption from the 2005 Regulations for occasional mobile workers.

GB domestic drivers’ hours rules (or are an occasional mobile worker) If you drive a vehicle subject to the GB domestic drivers’ hours rules or are an occasional mobile worker, you are affected by four provisions under the 1998 Regulations. These are: • Average 48 hours working week • Entitlement to 5.6 weeks’ paid annual leave • Health checks for night workers • Entitlement to adequate rest. 91

ADR and Dangerous Goods

ADR and Dangerous Goods

Dangerous goods are assigned to different Classes depending on their hazard.


Dangerous goods are liquid or solid substances and articles containing them, that have been tested and are found to be potentially dangerous (hazardous) when carried. Dangerous goods are assigned to different Classes depending on their hazard. The aim of regulations dealing with the carriage of dangerous goods is to protect both the carriers of the goods, the emergency services and the wider general public. Regulations place duties upon everyone involved in the carriage of dangerous goods, to ensure that they know what they have to do to minimise risks. Vehicles and Drivers All containers, tanks and vehicles must be suitable for the journey to be undertaken and the hazardous properties of the goods to be carried.

Vehicle tanks and tank containers must: • Be of certified design confirming with construction and equipment requirements • Be suitable for the purpose • Have been examined and tested and been issued a signed certificate to this effect by the competent authority Drivers must not: • Carry passengers on vehicles carrying dangerous goods • Open any packages containing dangerous goods, unless authorised to do so • Carry matches (or lights) on vehicles carrying explosives, inflammable liquids or flammable gases Equipment required on an ADR vehicle Every vehicle transporting dangerous goods subject to the Regulations should be equipped

with the following items: • Wheel chock • Two self standing warning signs • Suitable warning vest for each member of crew • Pocket lamp for each member of crew • Pair of protective gloves for each member of crew • Eye protection for each member of crew • Fire extinguishers • Respiratory protect device ADR Driver Training ADR Driver Training can include many different modules depending on the class of goods to be carried and what the goods are contained in. To begin with though, a driver would require a basic course followed by their required hazard class, and also knowledge of what the goods are carried in.

Transport Document Vehicles carrying dangerous goods should have a Transport Document which gives the details of the goods carried and a set of instructions, in writing, setting out the basic hazard details and giving some guidance as to what to do in an emergency and the equipment carried. Dangerous Goods Safety Advisers (DGSA) Every Operator involved in the carriage, package, loading, filling or unloading of dangerous goods by road requires a DGSA. To become a DGSA a person needs to have passed the necessary examinations to gain DGSA VTC. These qualifications are valid for 5 years from the date of issue and candidates are required to retake and pass the full DGSA examination to extend their qualification for a further five years.

ADR and Dangerous Goods

ADR exemptions The main exemptions are: 1 Private use of vehicles. There are now limits on the total quantity that may be carried under this exemption 2 Carriage of machinery which happens to contain dangerous goods 3 Carriage that is “ancillary” to main activity 4 Carriage by, or under, the supervision of the emergency services 5 Emergency transport intended to save life or protect the environment 6 Uncleaned empty static storage vessels that have contained certain gases, class 3 (flammable liquids – PG II and III only) or class 9 (miscellaneous) 7 Some carriage of gases. 8 Some carriage of liquid fuels 9 Some empty uncleaned packaging

Limited quantity (LQ) exemptions (ADR 3.4) LQ refers to small receptacles which are packed in boxes or on shrink-wrapped trays. Excepted Quantity Exemptions (ADR 3.5) The packages must be marked with the “EQ Symbol” and documents (where carried) must state “dangerous goods in excepted quantities” and indicate the number of packages. Small Load Exemptions (ADR Small load exemptions relate to the total quantity of dangerous goods carried in packages by the vehicle/trailer. This exemption does not apply to tankers or bulk carriage. If a vehicle is carrying under the small load threshold, many of the requirements of ADR are not

applicable. However, in most cases the remaining obligations are still present: • General training for driver and a record of this training • Carry one 2 kg dry powder fire extinguisher or equivalent • Stow the dangerous goods properly Exemptions arising from the Dangerous Goods Directive Regulation 16 provides that the main parts of the regulations do not apply where carriage is “not undertaken by a vehicle”. This links to the directive’s definition of vehicle and the practical outcome is that the regulations do not apply to: • Vehicles with fewer than 4 wheels • Vehicles with a maximum design speed of 25 km/hour or less • Vehicles that run on rails • Mobile machinery • Agricultural or forestry

tractors that do not travel at a speed exceeding 40 km/h when transporting dangerous goods; or any trailer being towed by such a vehicle

Image: Nicolas Industrie (TII Group)

Movements within premises Movement wholly within an enclosed area is exempt from the main parts of the regulations.

To become a DGSA a person needs to have passed the necessary examinations to gain DGSA VTC 93

International Transport

International Transport Before undertaking any international operations with a goods vehicle over 3.5 tonnes, a Haulier needs to hold an International Operator’s Licence. Therefore, as with a standard National Operator’s Licence, they must have a qualified Transport Manager.

CMR Hauliers carrying goods for reward on an international road journey must comply with the Convention on the Contract for the International Carriage of Goods by Road (commonly referred to as the CMR Convention).

Additionally, hauliers must hold a Community Authorisation which is issued by the Traffic Commissioner who granted the licence. These are issued automatically on a satisfactory application for an International Operator’s Licence. An original copy must be kept in the haulier’s office and certified copies are issued for each number of vehicles the haulier is authorised for, and must be carried by each vehicle during their international journey. These however are not vehicle specific like an Operator’s Licence identity disc.

The following countries are party to the CMR convention: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Germany, Gibraltar, Greece, Hungary, Italy, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Spain, Sweden, Switzerland, UK and the former Yugoslavia.


A CMR Consignment Note must be completed for an international journey. The Convention lays down the information which must be contained in the Consignment Note. The CMR Consignment Note should be completed by the

consignor, who is responsible for the description and the carriage details. There are four coloured copies of the Consignment Note: Red – Consignor Blue – Consignee Green – Haulier Black - Administration TIR Transport International Routiers (TIR) is a convention aimed at improving the international transport of goods by simplifying customs rules VOSA examines vehicles to ensure that they meet the technical requirements for operation under TIR and will then approve them by issuing a certificate which must be renewed every two years. The main requirement is that the unit makes it impossible for people to tamper with the load without breaking the seals.

When a vehicle has been approved it must display a plate showing the letters TIR on the front and rear of the vehicle. TIR is not compulsory for international haulage but operating without it is more expensive and more difficult. Cabotage Cabotage is an exemption for international hauliers to operate in another country without the requirement to have an Operator’s Licence for the Country. It is the collection and delivery of goods within a country other than the one where the haulier is licensed. A haulier may operate in any of the 25 EU member states but on a temporary basis. Essentially, a haulier can undertake three national journeys in seven days without restrictions so long as they are preceded by an inbound international journey.

International Transport

Image: WWL ALS

The definition of ‘cabotage’ is set out in Regulation (EC) No. 1072/2009 of the European Parliament and of the Council, (“Regulation 1072/2009”). Article 8 sets out the general principles which apply to cabotage in these terms: 1 Any haulier for hire or reward who is a holder of a Community licence and whose driver, if he is a national of a third country, holds a driver attestation, shall be entitled, under the conditions laid down in this chapter, to carry out cabotage operations 2 Once the goods carried in the course of an incoming international carriage have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to three cabotage operations

following the international carriage from another Member State or from a third country to the host Member State. The last unloading in the course of a cabotage operation before leaving the host member State shall take place within 7 days from the last unloading in the host Member State in the course of the incoming international carriage. Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any member State under the conditions that they are limited to one cabotage operation per Member State within 3 days of the unladen entry into the territory of that member State 3 National road haulage services carried out in the host Member State by a non-

resident haulier shall only be deemed to conform with this Regulation if the haulier can produce clear evidence of the incoming international carriage and of each consecutive cabotage operation carried out. Evidence referred to in the first subparagraph shall comprise the following details of each operation:” • The name, address and signature of the sender • The name, address and signature of the haulier • The name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered • The place and date of taking over of the goods and the place designated for delivery • The description in common use of the nature of the goods and the method of packing, and in the case of

dangerous goods their generally recognised description, as well as the number of packages and their special marks and number The gross mass of the goods or their quantity otherwise expressed The number plates of the motor vehicle and trailer”

Combined Transport Combined Transport is another limited exemption from operating in another EU country without having an Operator’s Licence for that Country. It is defined as “the transport of goods between Member States where the lorry, trailer, semitrailer, with or without tractor unit, swap body or container of 20 feet or more uses the road on the initial or final leg of the journey and, on the other leg, rail or inland waterway or maritime services where this section

exceeds 100 km as the crow flies and make the initial or final road transport leg of the journey; •

Between the point where the goods are loaded and the nearest suitable loading station for the initial leg, and between the nearest suitable rail unloading station and the point where the goods are loaded for the final leg; or

Within a radius not exceeding 150 km as the crow flies from the inland waterway port or seaport of loading or unloading.

The Department for Transport issued the following information on Cabotage and Combined Transport in May 2010. 95

International Transport

Combined Transport Directive Overview Key points for hauliers considering operating under EU Combined Transport rules. If you operate Heavy Goods Vehicles in Great Britain and Northern Ireland you are required to hold a Great Britain or Northern Ireland operator’s licence. There are a number of exceptions to this, however in relation to international hauliers there are two primary exceptions. 1 If you undertake permitted cabotage within the rules after an international freight journey 2 If you transport goods under the defined rules and restrictions of the Combined Transport Directive (as set out below) Combined Transport is described by EC Directive 106/92.


• As outlined above, the Combined Transport Directive can, under certain restrictions, allow a non GB & NI road haulier to undertake certain types of haulage within GB & NI outside of the more usual Cabotage restrictions. The same Directive also applies to GB & NI hauliers who wish undertake Combined Transport haulage in other EU member states • The Combined Transport rules are very specific and very restrictive, and conformity to all aspects is required if a claim to be operating under these rules is to be substantiated To be considered as Combined Transport: • Goods have to be carried in a single lorry, trailer, semi-trailer (with or without tractor unit) swap body or container of 20 feet length or more from origin to final destination

• Re-handling of goods outside the original trailer or container is not considered as Combined Transport under the Directive • The lorry, trailer, semi-trailer (with or without tractor unit), swap body or container of 20 feet length or more must be moved by a rail, inland waterway or maritime service of at least 100 kms • The lorry, trailer, semi-trailer, swap body or container must be moved by road for the initial or final leg of a journey, and the road journeys must not exceed 150 kms (as the crow flies from the ports or rail terminals) • The operator must be able to supply proof of Combined Transport in the form of a transport document which specifies the rail loading and unloading stations relating to a rail leg, or the loading and unloading ports relating to an inland waterway or maritime journey

• These details shall be recorded before the transport operation is carried out and shall be confirmed by means of a stamp affixed to the transport document by the rail or port authorities in the railway stations or inland waterway or sea ports concerned, when that part of the journey carried out by rail or inland waterway or by sea has been completed • The operator must also be able to supply proof of where the lorry, trailer, semi-trailer, swap body or container was loaded with its cargo, and where it has been (or will be) unloaded • The Directive only applies to hauliers established in a Member State and to the carriage of goods between Member States • Note - all lorries, trailers, semi-trailers, swap bodies or containers loaded or unloaded outside the European Union

International Transport

Image: Elvy International Marine & Heavy Haulage Ltd

are outside the remit of the Directive. (So containers loaded in Asia, Africa, North America, South America, Australia and the Pacific Islands are excluded and are not covered by the combined transport directive) Can an operator working on Combined Transport undertake Cabotage? The new cabotage rules clearly separate the two activities. They make it clear that these are distinct activities, and as a result we consider the two activities to be mutually exclusive (i.e. both activities can not be carried out) during a single visit to any member state (including the GB & NI). Hauliers on combined transport operations involving the collection and distribution of containers or trailers in a host member state cannot undertake any other domestic haulage work, specifically cabotage. This

clarification should make it easier for both hauliers and enforcement authorities to understand and apply the rules for each of these separate activities. What if the transport document indicating the port of arrival for an inbound movement has not had a stamp affixed by the rail or port authorities in the railway stations or inland waterway or sea ports concerned? It is an essential part of the Directive that a stamp is affixed. This is so that the distance calculation at origin and destination can be determined accurately. We consider that without all the required documentation, including the appropriate stamp, a transport journey cannot be treated as Combined Transport under the terms of the Directive.

It is an essential part of the Directive that a stamp is affixed. 97


Goldhofer. The Original. STZ-P, the innovative swing axle system

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MPA axle technology With the launch of its pioneering MPA axle technology, for which patents are pending, Goldhofer delivered the transport industry sensation of 2013. Named after the MacPherson axle system, this world first is an independent suspension system comprising just one wheel carrier, strut and suspension arm. That makes MPA axle technology the key to the lightest axle system in the

deadweight, high axle loads, outstanding extension length, and the wide and deep excavator recess on the bogie, the XLE is the pride of every heavy haulage fleet and the ideal solution for moving construction plant. Fitted with 285 mm tires, the XLE can be used in the UK for axle loads of up to 14 tons at reduced travel speed. world. With a steering angle of up to 60°, a suspension stroke of up to 315 mm, a minimum loading height of 780 mm and an extremely low deadweight, MPA semitrailers are the new benchmark for low-bed and semi-low-bed vehicles. STZ-P: innovative swing axle The king of the low loader semitrailers comes from Memmingen: With the STZ-P low loader semitrailer with the innovative swing axle, Goldhofer has redefined the payload limits for semitrailers, moving into territory that was hitherto reserved for heavy-duty modules.

The new MPA technology


The vehicles in the STZ-P series, which are available with up to ten axles, can carry loads of up to 140 tons. Swing axle technology delivers an axle stroke of up to 600 mm and a steering angle of about 65 degrees. With the STZP, Goldhofer offers the lowest loading height with ball-bearing race ring technology and swing axles. XLE: flexible operator for heavy loads For payloads in the heavyweight class, Goldhofer’s XLE heavyduty compact system packs quite a punch. With its compact dimensions, extremely low

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markets ,such as the THP/DL and THP/CA for North America and California and the THP/MI for India. Goldhofer. The difference. It’s all about service. And know-how. And competence in project consulting and support. Customer care has top priority at Goldhofer. Back in the 1980s, Goldhofer created its own project department, which has since brought over 20,000 projects to a successful conclusion. This is where customers become partners and logistics requirements a successful project on a cooperative basis. Goldhofer Aktiengesellschaft Goldhofer is the world market leader for transport equipment in the field of general and heavyduty road haulage and special transport vehicles. With a full and

technologically mature range of products, Goldhofer meets an extremely wide variety of needs in almost every transport situation. In the Goldhofer plant on some 100,000 square meters of grounds in Memmingen, more than 650 employees work on innovative transport solutions and produce perfectly engineered vehicles for payloads varying between 25 and 10,000 tons for demanding customers around the world. The history of Goldhofer Aktiengesellschaft goes back over more than 300 years, to 1705. In 2013 Goldhofer

acquired Schopf Maschinenbau GmbH, thus further expanding its product portfolio in the fields of civil and military aviation and the mining industry.

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Abnormal Loads

Abnormal Loads Vehicles are usually limited by the Road Vehicles (Construction and Use) Regulations 1986 (“C&U”) in terms of the load they can carry. Long, heavy or wide loads will usually be transported under the abnormal indivisible loads provisions of the Motor Vehicle (Authorisation of Special Types) General Order 2003 (“STGO”). Abnormal Indivisible loads (AILs) are loads which cannot, without undue expense or risk or damage, be divided into two or more loads for the purpose of carriage on the road and which cannot be carried on vehicle operating within the limitations of the C&U regulations. Number of Abnormal Loads Normally only one abnormal load is permitted to be carried at any one time. However, two or more abnormal loads may be carried on one vehicle provided the loads are from the same place, being


delivered to the same place and are of the same character. Length A special types vehicle must not normally exceed 30m but where a loads is carried on a combination of vehicle and trailers or on a long articulated vehicle the dimension of 30m is measured excluding the drawing vehicle. Width Special Types vehicles are normally permitted to be up to 2.9m but, if necessary to ensure the safe carriage of large loads, they may be up to a 6.1m wide. Anything over 2.9m will require two days notice to be given to each police force which the vehicle passes through. Anything over 3.5m wide will also require an attendant in addition to the two days notice. Anything over 5m wide will require a VR1 from the Highways Agency and any vehicle over 6.1m width will require a Special Order.

Weight The maximum permissible overall weight of a special types vehicle is 150 tonnes. There are also individual axle and wheel limits which must not be exceeded. Vehicle Categories There are three separate weight categories for abnormal loads: • Category 1 for up to 50 tonnes • Category 2 for up to 80 tonnes • Category 3 for up to 150 tonnes Vehicle Excise Duty for Special types Vehicles Special Types vehicles have a separate VED taxation class. Identification Sign Vehicles operating under STGO must display an identification sign at the front. Attendants An attendant must be carried on Special Types vehicles if:

• The vehicle or load is more than 3.5m wide • Overall length of the vehicle is more than 18.75m • Length of vehicle and trailer exceeds 25.9m • Load projects more than 2m beyond the front of the vehicle • Load projects more than 3.05m beyond the rear of the vehicle Police Notification The police area through which a special types combination is to be moved must be given two clear days’ notice if: • Vehicle or load is more than 3m wide • Vehicle or load is more than 18.75m (excluding tractor unit in articulation combination) • Combination of vehicle and trailer, including projections, is more than 25.9m long • Load projections are more than 3.05m to front or rear • Gross weight of vehicle and load is more than 80 tonnes

Abnormal Loads

Notification of highway and bridge authorities If a special types vehicle and load weighs more than 80 tonnes (i.e. category 2 or 3), or the weight imposed on the road by the wheels of such a vehicle exceeds the maximum limit in the C&U regulation, then the following notices must be given to the Highway and Bridge Authorities for the areas through which the vehicle is intended to pass: • 5 clear days, or • 2 clear days (if only C&U axle weight limit is exceeded. Any vehicle over 44 tonnes must be moved off a bridge as soon as possible, if it has to stop on it. If it has broken down then the advice of the bridge authority must be sought before the vehicle is jacked up. The Operator is also required to indemnify the authorities against damage to any road or bridge which it passes over.

Marker Boards These must be carried in accordance with the requirements and confirm to the dimensions and colours required. They should also be indirectly illuminated at night. Forward Projections Where a load projects more than: • 2m beyond the front of the vehicle: approved side and end marker boards and an attendant • 3.05m beyond the front of the vehicle: police must be given two days’ notice of its movement, side and end approved marker boards and an attendant • More than 4.5m beyond the front: the requirements mentioned above must be observed and additional side marker boards must be carried within 2.5m of the first set of side markers

Speed Limits Special Type vehicles are limited to speed based upon their Category and the type of road. These are as follows: Vehicle Activity Category 1 Category 2 or 3

Motorway 60mph 40mph

Dual Carriageway 50mph 35mph

Other Road 40mph 30mph

Vehicles that require VR1 or Special Orders are subject to additional speed varying limits.

Rearward Projections When a load projects the rear of the vehicle by more than: • 1m: it must be rendered clearly visible • 2m: an end marker board must be displayed • 3.05m: police must be notified, attendant must be carried and approved side and end marker boards displayed • 5m: additional side marker boards must be carried within 3.5m of the first set of side markers

Image: Broshuis

Anything over 2.9m will require two days notice to be given to each police force which the vehicle passes through... 101

2 2


combination over 25.9m [Tractor & trailers]



over 1m over 2m over 3.05m over 4.5m End Markers not more than 0.5m from end of projection. Side markers not more than 1m from End Marker Side & End Markers not more than 2.5m from road surface

** Loads in excess of 4.3m wide that comply with C&U regulations in all other respects. *** Steps to be taken to render the projection clearly visible from the front or rear [as applicable] and from both sides.


over C&U weights

C&U load limit 2.9m wide.


2 2


*** X X X

< 50,000 kgs gross [CAT 1] < 80,000 kgs gross [CAT 2] < 150,000 kgs gross [CAT 3] > 150,000 gross kgs > 16,500 kgs axle weight

2 2 5 5 5

2 2 2

Special Order from HA



60 40 40

50 35 35

40 30 30


2 2

2 2 2 2

40** X

*** X X X

> 10,170 kgs axle weight > 32,520 kgs gross weight > 9,150 kgs axle weight > 44,000 kgs gross weight

VR1 from HA X** X

Other roads

over 18.75m rigid over 30m rigid

Not more than 2500 from road surface

MAX. SPEED (mph) Dual Carriageway





2 2 2 2


over 3.5m over 4.3m over 5m over 6.1m



over 1m over 2m over 3.05m over 5m



over 305mm either side of vehicle or 3m overall *


This provides a basic guide of the various requirements of the regulations regarding the use of vehicles on the roads transporting abnormal & indivisible loads. For further information, please refer to the actual legislation: Road Vehicles [Construction & Use] Regulations 1986 and Motor Vehicles [Authorisation of Special Types] General Order 2002.


Abnormal Loads




Attendant [s] or Self-Escort

WIDTH: Motor Vehicle & Trailer : 2.5m


NOTICE [clear working days]


LENGTH: Rigid: 12m / Artic: 15.5m Rigid Motor Vehicle & Trailer : 18.75m



Abnormal Loads


*** X 2 2

X 2

x x

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Abnormal Load Notification

Abnormal Load Notification: is there an easier way?

Moving an un-notified or incorrectly notified abnormal load could become a costly mistake


With more prosecutions and fines for un-notified abnormal loads taking place following interception by Police, VOSA or Trading Standards it’s important that your abnormal load notifications meet the legally required standards of the Special Types General Order of 2003 (the STGO).

Cascade Software has been working within the abnormal load industry for twenty years. Uniquely qualified, Cascade provides software for hauliers to use to submit abnormal load notifications and software for highway, bridge and police authorities to check the received notifications against their bridge, structure and road data. In

addition, Cascade also operates the abnormal load management process on behalf of some areas. Out of the 13 Highways Agency areas, Cascade provides software or a service to all but 5 and processes over 80,000 notifications from hauliers and plant operators each year on behalf of area teams. Cascade is able to offer a unique insight in to

the notification process from both sides of the abnormal load fence. Consider how your notification is submitted to each authority. Some authorities process hundreds of abnormal load notifications each week and the clock is ticking for each authority to review the exact route to be taken and to understand which

It’s the law! Moving an un-notified or incorrectly notified abnormal load could become a costly mistake for your business and reputation with large fines against your company, fixed penalty points for your drivers and the associated publicity that follows. On the flip side you have a business to run, a profit to make and customers to keep happy so how can you keep on the right side of the law but still maintain your competitive edge when your competitors may be cutting corners to win more business?

bridges could be affected. Each bridge along the route should be checked to see if it is acceptable for the notified vehicle to cross over or under them. Of course, authorities have devised various methods and shortcuts to minimise the workload that this involves. Some authorities just check notifications against a list of problem bridges, and if any of these are crossed, irrespective of vehicle details, a reroute is required. This conservative approach imposes considerable additional and mostly unnecessary time and expense on you, the haulier. Some authorities have gross weight limits for problem bridges which they compare with the gross weight of the notified vehicle. This approach at least allows lighter vehicles over some structures but is still very conservative and potentially costly for hauliers with heavy vehicles

Image: Abnormal Loads testing a Structures capacity in the early 1920's

Abnormal Load Notification

Image: Van der Vlist UK (a Cascade customer)

but which actually have lighter axles. Some authorities send each significant notification to their structural engineers to check. This is more responsible, but slow for hauliers and expensive to authorities. Finally, some authorities use Cascade’s AbLoads software to process and manage their notifications or outsource the entire process to Cascade. As the AbLoads system is much more detailed and uses the notified axle details for the vehicle check of each bridge then even with a very high gross vehicle weight your route may be permitted if your axle loadings are acceptable. Hauliers and authorities need to work together. Remember each authority only has the notifiable time (two or five clear working days) to process the notification and advise you of any rejections or required re-routes and all this is supposed to happen

before the movement takes place. Notifying Authorities can be perceived as a mandatory but costly overhead to your business and it’s easy to try and skip a few steps in the process to get it done and out of the way as quickly as possible. If you’re continuously submitting manual notifications, late and without the required detail you’re significantly increasing the pressure and workload for authorities to process your notification and, as you legally have to indemnify each authority against any damage to their structures, it could be you that ends up writing a very large cheque if damage occurs and your notification didn’t meet the STGO requirements and notice periods. Authorities are looking initially for neat, legible notifications with a unique reference no, full vehicle, route and movement details that they can read and process in the most efficient manner. 105

Abnormal Load Notification

Image: Donnell & Ellis (a Cascade customer)

Remember, authorities are looking for notifications that can be processed and checked quickly...


What is the most cost effective way of submitting notifications? Notifiable time now almost universally sent by email and most authorities are reluctant to accept faxed notifications as each one of these has to have the notification data entered manually. Remember, authorities are looking for notifications that can be processed and checked quickly, efficiently and accurately. There are currently three ways in which you can prepare and send notifications to the relevant bridge and police authorities. Do it yourself, or through an agent Doing it yourself is timeconsuming and hard work, and you need to determine who to notify or use the scatter gun approach and hope you’ve got the right ones! Working through an agent still requires you to do some preparation work and, of course, the agent must be paid. ‘Manual’ notifications are the least popular

to most authorities, as they are all different (style, format, information etc.) and require individual attention and manual processing, a very time consuming process for all involved. In addition, many manual notifications do not include the correct information so have to be refused and re-notified. The ESDAL website ESDAL, the website delivered by Serco on behalf of the Highways Agency. Once users have completed the registration process they can use ESDAL to submit notifications one-way through the web portal to authorities. The site allows users access to other HA facilities in particular the submission of SO’s. Although it’s free to use, user feedback indicates it’s notoriously time-consuming to compile and submit each notification (an hour a day spent on the ESDAL website adds up to 34 business days each year which is a significant expense to your

business, even for a free service). A contract for development of ESDAL2 has now been awarded and with it the promise of future improvements. Cascade’ AbHaulier notification software or service AbHaulier is simple and fast to use, and produces the type of notification that authorities like to receive completely in line with the STGO. For Authorities using Cascade’s AbLoads software, notifications submitted using AbHaulier can be processed and checked automatically. Indeed, it only takes seconds to process each notification, plot the route, check all the bridges and clear the route based on accurate vehicle and load data - AbLoads authorities love it. As an added bonus short notice notifications from AbHaulier sent to AbLoads authorities do not usually require a telephone call, which enables hauliers to maintain flexibility with their customers when they have

an urgent job. Of course, AbHaulier is not free – a modest annual rental payment is required, but with the time saved in submitting notifications it can quickly pay for itself leaving you and your staff free to do other more important revenue earning tasks. What to notify? This is clearly set out in the STGO, and is no different whether notifying highway and bridge authorities or police forces. This is what is needed:• A list of the authorities notified • The haulier/plant operator’s details, firm’s name and address, operator licence number and a unique reference number to uniquely identify that notification. • Proposed time and date of movement (most authorities will accept an earliest start and latest finish date, but not more than a month in advance), and the number of proposed

Abnormal Load Notification

movements if more than one • Full details of the origin and destination addresses and the route to be followed (in sufficient detail to define the route exactly) • Details of the load (usually a police requirement) • The vehicle registration number, type of vehicle, overall dimensions (length, width, height, weight and overhangs) and FULL axle details, number of wheels (can usually be omitted), axle weights and spacings Notifications made with less than the notice required by the STGO (short notice notifications) are not valid until the statutory notice period (2 clear working days) has passed without comment. But commercial necessity means that almost all authorities will process short notice notifications as a priority if they are advised by telephone that a short notice notification has been submitted.

Mobile Cranes and the STGO As a crane operator there is a misconception that you don’t have to notify until the weight exceeds 44T. Under Schedule 2 of the STGO this is not the case. Most mobile cranes are classed as abnormal loads and must be notified even if their gross vehicle weight is under 44 tonnes (although many authorities will give a dispensation for cranes under 20 tonnes). The reason for this is that mobile cranes generally have heavy axle loads spaced much closer together than other vehicles and so do more damage to structures than heavier abnormal load vehicles. What does the future hold? The STGO legislation is here to stay. It may be perceived as a time consuming and onerous task for both hauliers to submit and areas to process abnormal load notifications but if the industry works together, with a little more

understanding from hauliers about how to correctly notify and more understanding from structure and police authorities about commercial necessity within the haulage industry we may well find that we are all working towards the same goal – protecting our bridges and road infrastructure and enabling the transport industry and the general public to continue to use these assets for many years to come.

Sally Waterfall is Operations Director at Cascade Software, a specialist company providing unique Abnormal Loads Notification software. Working in abnormal loads for the past 10 years, Sally has amassed a wealth of knowledge and experience across all areas of the industry. Cascade produces niche software used by hauliers, crane companies and plant operators to submit abnormal load notifications, together with the software that Structure Owning Authorities use to check these notifications against their structure and highways data.

for Structure Owning Authorities not wishing to manage their notifications service in house, and she currently oversees the processing of over 80,000 abnormal load notifications each year on behalf of 3 Highways Agency Areas and 2 Authorities. Sally is also heavily involved in the provision of advice and training to operators and authorities alike, developing partnerships and promoting the abnormal loads industry and its requirement for better regulations and guidelines, whilst strongly recognising the need for both sides to work closely together.

Latterly, Sally has been the driving force in enabling Cascade to provide an outsourced service 107

Codes of Practice

Image: Allelys Heavy Haulage

Lighting and Marking for Abnormal Load self escorting vehicles incorporating Operating guidance Hauliers are required by law to notify the movement of most abnormal loads to the police before they are moved by road. The laws which govern the movement of goods by road, the Road Vehicles (Construction and Use) regulations 1986, as amended (C & U Regulations), and the Motor Vehicle (Authorisation of Special Types) General order 2003, as amended (STGO) are referred to on page 98 of this manual. The following Codes of Practice relate to the escorting of both abnormal loads and abnormal vehicles. A summary of the main points of each is given, but for the complete Codes of Practice, please refer to Highways Agency website or the Heavy Transport Association website (the codes of Practice can be downloaded from these websites). The Codes are voluntary and are not intended to be a comprehensive


statement of legal requirements, but they are authoritative statements of best practice agreed by organisations such as ACPO, ACPOS, HTA, CPA, DfT, FTA and RHA. The Codes set out the legal requirements and contain information and best practice so that those escorting abnormal loads on the highways do so in a safe and controlled matter. They apply throughout England, Scotland and Wales and provide a national standard recognised by both industry and police authorities. Lighting and Marking for Abnormal Load self escorting vehicles incorporating Operating guidance Hauliers who move abnormal loads need to ensure that each movement is conducted safely and competently, even if the load is being self escorted. The term self escorted applies in the case of a haulier or private company

engaged by a haulier escorting an abnormal load. An escort person is there to warn other road users or pedestrians of the presence of an abnormal load, but he has no powers to stop or direct. The standard markings of escort vehicles as set out in the code of practice help the public and other road users to recognise escort vehicles and alert them to the presence of an abnormal load. In the case of very large and heavy loads an attendant may be required as defined in C&U Regulations or STGO. The Code of Practice covers: 1. Requirements for the lighting and marking of an escort vehicle and equipment to be carried 2. A person specification for a self escort person and his roles, duties and responsibilities 3. Operating practices, documentation to be carried

and self escort practices that should be undertaken 1. Escort Vehicle requirements: • Must have a minimum of 4 wheels • Be fitted with exterior mirrors on both sides • Rear windows at the back and to the sides • Vehicles with open cargo space are not permitted • Vehicles must not form any part of the units carrying or hauling the load • Must be conspicuous to other road users and pedestrians • Must be of a uniform colour (white, orange, yellow); silver can be used with appropriate retro-reflective markings • In addition to obligatory vehicle lighting requirements (see Road Vehicle Lighting Regulations 1989) flashing warning beacons shall be fitted to the roof and shall be full roof width • Amber warning alternating

beacons at 1-3 Hz should be used to increase conspicuity of vehicle and reduce risk of epileptic response • Beacons to be used only when actively escorting an abnormal load • Vehicle shall use dipped beam headlights continuously when escorting during the day Markings and Signing • Vehicle to be marked as an escort vehicle by marking “Escort Vehicle” or “Escort” • A fixed or removable sign may be fitted to front and rear of vehicle with “ABNORMAL LOAD or WIDE LOAD” as standard, or “SLOW LORRY” or “LONG LOAD” as an option • The sign is to be displayed only when vehicle is actively escorting an abnormal load • The sign shall be mounted on the roof of the escort vehicle or below the front grille to ensure that the number plate is legible and does not affect

Codes of Practice 109

Codes of Practice


vehicle operation • The sign should have black lettering on a yellow retroreflective background (see guide for minimum height measurements) • Marker boards can be fitted to both ends of the sign, the width of the marker board to be the same width as the vehicle • To alert road users approaching form the side and the rear high visibility markings should be applied to the vehicle (please see Code of Practice for details and diagrams)

Emergency Safety equipment • Each vehicle must carry a powder of CO2 fire extinguisher Kite marked and BAFE approved and a 1-10 employee CE approved first aid kit

Road Safety equipment • Each vehicle must be equipped with a minimum of 12 traffic cones equivalent to standards contained in a British standard, 4 lighting units (see guidance for rate of flashing)

Equipment for Communication • There must be a communications link to the abnormal load or abnormal vehicle and a communications link to the police/highway authority control room and emergency services if required • A direct radio link by two way radio system (short range up

Information to be carried- an escort vehicle must carry: • A copy of the route to be followed • Appropriate maps • Contact telephone numbers for police/highway authority control rooms • Up to date road and traffic information as applicable

2. •

to 3 km) or long range (3-8 km) with radio licence Hand held mobile phones or similar devices shall not be used by an escort person whilst driving Escort Person Specification The haulier has the responsibility to satisfy themselves that escort personnel are competent to undertake escorting of abnormal loads Competent means they are suitably trained and/or experienced for the role If a subcontractor is employed they shall ensure their staff are competent through training and/or experience for the role

• Escort person – main duties and responsibilities • To escort the abnormal load along the approved transport route acting as a warning to other road users and pedestrians • To make sure any special

instructions or restrictions (eg cautions applying to bridges, tunnels or level crossings, either for the escort vehicle or vehicle carrying are adhered to To act as a point of contact between abnormal load convoy and police/highway authority control rooms, bridge authorities or emergency services if required To alert the emergency services as appropriate in the event of an incident involving the abnormal load To place traffic cones /beacons around the abnormal load when stationary to alert other road users To ensure that the escort vehicle is fit for purpose and conforms to the Code of Practice

Essential skills and qualifications • The escort driver must be a minimum of 21 years of age • The driver must Hold a full standard driving licence • The driver must be able to speak and read the English language • To be competent through training and/or experience in the movement and transportation of abnormal loads It would be desirable for the escort driver to have • Basic fire extinguisher training • Basic first aid training and qualification Personal protective equipment • Each escort person should wear a high visibility yellow fluorescent jacket which confirms to a British, EC or EEA standard, when outside the escort vehicle.

Codes of Practice

Self certification • Each haulier or subcontractor shall make sure their self escort vehicles comply with this Code of Practice and that their staff are competently trained/have sufficient training to carry out self escorting duties in a competent and safe matter in line with the requirements of the Road Traffic and Health and Safety legislation • A self escorting declaration form is available in Appendix 2 of the guide 3. Operating Practices • An escort is generally required if load/vehicle width exceeds 4.6 m for motorways and 4.1m for all other roads or if length exceeds 30.5 m on other roads • An escort is generally required is the vehicle gross weight exceeds 130 tonnes for a motorway or 100 tonnes for all other roads

• The final decision rests with the individual police forces • Police authorities will respond to a haulier after notification if an escort is required or whether a police escort is necessary • A combination of police escort and self escort may be required • A haulier can choose to self escort an abnormal load below these guidelines • Escort vehicle drives must not contravene road traffic legislation • If self escorting vehicles are changed enroute, the appropriate paperwork and information shall be handed over • Escort drivers must know what is expected of him • The escort driver should ensure the vehicle is fit for purpose • The escort driver to carry out pre-journey checks (load, route, road layout)

• The escort driver to agree a route plan and timetable for journey • Follow police instructions if necessary • To alert abnormal load driver to any obvious problems with the load • Check whether requests to inform journey details to inform details of the journey to: – National Traffic Control Centre (Tel: 0121 245 4688 – 24 hr) when using motorways and trunk roads in England – Traffic Wales (Tel: 0845 602 6020 – 24 hr) when using Welsh trunk roads – Traffic Scotland (Tel: 0141 287 9283 – 24 hr) when using motorways and trunk roads in Scotland Escort drivers function • To warn other road users of presence of abnormal load • To be positioned at the rear

off the abnormal load to give adequate warning to other road users • To be position to the frint of an abnormal load to give adequate warning of the load to other road users General statements of best practice are to be found in the Code of Practice (each load and route will determine the best practice). Basic principles for vehicle manoeuvres are available in the on the HA website ( lications/abnormal-loadsindustry-guidelines/).

An escort is generally required is the vehicle gross weight exceeds 130 tonnes for a motorway or 100 tonnes for all other roads... 111

Codes of Practice

Lighting and Marking for Special Order, VR1, STGO and C & U Loads This Code of Practice covers the recommendations for the marking of a vehicle. The Code applies throughout England, Wales and Scotland and is intended to provide a standard for lighting and marking of abnormal load vehicles. The idea is that there is a nationwide standard, recognised with industry and police authorities and which helps alert the general public and other road users to the presence of an abnormal loads. The Code of Practice covers: Recommendations for marking a vehicle, details of side, front, rear and projection markings and additional markings for girder frame trailers. Markings For example diagrams, please download the Code of Practice document.


Side markings The whole of the vehicle and the load must be marked so that the whole combination is conspicuous to other road users. • The side of the tractor can be marked with a yellow retroreflective conspicuity marking as well as the trailer • The side of rear bogies should be marked along its full length by a yellow retro-reflective conspicuity marking and the frame contour marked • The side of girder frame trailers and bogies can be marked along their full length by a yellow retro-reflective marking and the frame contour marked • On trailer units, rear bogies and girder frame trailers, amber side reflectors need to be positioned so that one reflector is within 4 metres of the front of the vehicle, one red reflector within 1 metre to the rear of the vehicle; there must be no gaps of more than

3 metres between any two adjacent reflectors The side of the load or a fixed trailer unit to be marked along its full length by yellow reflective marking Retro-reflective markings can only be placed within contour marking on the side of a vehicle as long as the effectiveness of the contour marking is unimpaired Fewer than 15 letters/characters should be used and letter height should be between 300 mm and 1000 mm The whole retro-reflective area should be not greater than 2m2 No addresses and phone numbers or long designs to be used

Front Marking • A chevron design can be used to mark the front of the tractor vehicle as currently applied to the rear of the escort vehicles

except the red must not be retro-reflective and the yellow shall be retro-reflective. • The marking can be applied to the front of the vehicle in an unbroken contour design, where possible Rear Markings Contour marking of the load will offer the most information about its size and shape so that an oncoming driver can understand what action to take. • When possible the rear outline of the load can be marked by continuous re retro-reflective material marking the full shape of the load. • The rear edge of the trailer unit can be marked along its full length by red retroreflective conspicuity marking so the rear of both girder frame and unladen trailers are visible. • Marking plates are optional is the conspicuity markings are correctly fitted. Please see

Image: JB Rawcliffe & Sons Ltd

Codes of Practice 113

Codes of Practice

the Code of Practice for diagrams • If equipment is attached to the rear of the tractor and obscures markings, then the markings will need to be replicated on the equipment so that the design continues to be visible Projection Markings • Projection markings are not specified in legislation but projection markings on wide loads and the end of loads that project in front or behind the vehicle should be retroreflective so that they are visible at night. Red retroflective material should be applied to the rear markers and white retroreflective material can be applied to the front will improve visibility • Markers to the side must remain non retroreflective but the use of addition yellow retroreflective tape along the length of the projection over 2


m to the front or rear will help conspicuity Projection markers should be kept clean and lit by a lamp in the hours of darkness of when there is poor visibility. The lamp should be shielded so that its light (buit not eh light reflected from the markers) is not visible to other road users. When it is not practical to fit markers, the extremities of the load must be marked with tape with the position and design as close as possible to the requirements for markers it is replacing Loads projecting between 1 and 2 metres to the front and rear of the vehicle or trailer should be clearly marked with preferably retroflective material that is white to the front and red to the rear Loads that project over 2m to the front and rear shall have red and white striped markers on both ends of the projection with marker lights (red to the

rear and white to the front) mounted on the corners of the projection. See Code of Practice for specifications of the size of the end markers. • STGO loads can be marked using European style rectangular red/white striped markers (see Code of Practice booklet for the dimensions) Front and rear projection markers must: • Be as near as practicable in a transverse plane • Not be more than 0.5m form the extreme end of the projecting load • Not be more than 2.5m from road surface • Not impede the driver’s view • Be clearly visible, within a reasonable distance, to a person using the road • Be of retroreflective material, white to the front and red to the rear

Loads projection over 2m to the front or 3m from the read must have side markers fitted on either side of the projection, as well as end markers • Side projection markers must: • Be as near as practicable in a longitudinal place • Not extend beyond the end of the projection • Not be more than 2.5m from the road surface • Not be more than 1m from the marker at the rear • Be clearly visible, within a reasonable distance, to a person using the road Loads projecting over 4.5m to the front or 5m to the rear must have additional side markers fitter. These must be not more that 2.5m form the front of the vehicle or 3.5m form the rear. Load projections greater than 6m in length shall have amber side marker lamps at least every 3m and shall be in compliance with

the RVLR. For loads longer than 18.3m, marker plates with attached lights shall be installed at the front and back of the load to giver oncoming vehicles an idea of the total length. Please see document for addition markings for girder frame trailers. Signing • The abnormal load vehicle may have a sign fitted to the front, the wording can be ABNORMAL LOAD or WIDE LOAD as standard with LONG LOAD as an option. To increase conformity with Europe, the sign Convoi Exceptionnel may be used. The sign shall be mounted so that the sign is perpendicular to the road surface and the text is horizontal. The sign shall be mounted on the roof of the tractor unit or below the front grille, making sure that the number plate is still legible. If the sign is roof

Codes of Practice

mounted it must nor obscure the roof mounted flashing amber warning beacon. The width of the complete sign needs to be the same width as the vehicle width • If a sign is fitted in the front, the same sign should be fitted at the rear of the vehicle. The lettering must be black upper case on a yellow retroflective background. Rectangular diagonal striped re retroreflective/white nonretroreflective plates shall be fitted to both ends of the rear mounted sign. The width of the complete sign shall be the same as the width of the trailer unit Lighting • The abnormal load is required to comply with the obligatory vehicle lighting requirements as specified in the Roads Vehicle Lighting Regulations (RVLR) (11989) • So that vehicle lights and

warning beacons do not conflict with marking materials a gap of 200mm must be left between any retroreflective material and any non warning light source such as indicators or rear lights. Beacons should be amber Vehicles travelling slower than 25mph on a dual carriageway require amber warning beacons capable of emitting a flashing or rotating light Alternating beacons (right and then left) at 1-3 Hz increases vehicle conspicuity and reduces the risk of an epileptic response Beacons should not be placed at drivers eye level to minimise safety risk from glare The vehicle shall use continuously illuminated dipped beam headlamps or daytime running lamps during the day A full width light bar with amber LED banks at each end shall be fitted to the tractor.

The beacons shall flash each end alternately at a constant 1-4 Hz flash rate, and confirm to current RVLR • A flashing beacon shall be fitted to the rear of the trailer or on the extremities of the load. It should be mounted at the top of the load above the eye line of oncoming drivers, or mounted to the trailer. The beacon must conform to RVLR • Non-flashing lights can be added to improve conspicuity of end markers. Lights, if added, must be white at the front and lights to towards the rear must be red. See guide for how lights can be attached to marker plates • Flashing amber beacons may also be fitted to the rear marker board arrangement. It is advised that these do not project light onto the actual board as this may reduce its conspicuity. Lights must be above 1200mm and flash at a

constant rate of 1-4Hz. • Floodlighting can be used to illuminate a load, particularly if it is not a regular shape. However, if lamps are used thus they must not be directly visible to oncoming vehicles • The shape of the load can be marked using rope lighting. If used, yellow lighting shall be used on the side, with red lighting to the rear and white lighting to the front of the load Please download the Code of Practice from ications/abnormal-loadsindustry-guidelines/.

If a sign is fitted in the front, the same sign should be fitted at the rear of the vehicle... 115

Core Values & Principles

Core Values and Principles HTA – Our Members Deliver Vision HTA, the association of choice for professional Heavy Haulage Operators and Escort/Pilot car Operators and Managers

Develop – We develop and introduce new National training standards, we develop industry best practice and we develop relationships with other like minded trade associations and bodies.

Core Values: Advise – We advise our members to ensure they operate safely and within legislation. Represent – We are committed and work hard to represent our members at a national and local level. We lobby Ministers and Members of Parliament, we attend liaison meetings, respond to consultations and write and publish articles in a wide range of trade publications.


What the HTA does for its members: • Lobbies and campaigns on behalf of members about the things that matter to them • Keeps abreast of UK Legislation – the HTA has access to legal advice via the Secretariat so that any issues arising are dealt with in a timely manner • Keeps abreast of EU legislation. In fact, the HTA is the UK Member of ESTA. The current ESTA President is David Collett, an HTA Committee member and former Chairman of the HTA.

• Provides e-news: Regular updates on what’s happening and members e-news on the website • Produces quarterly issues of Heavy Talk – the HTA journal to keep members up to date • Provides Training services for Escort Drivers and Escort Managers • Designs and publishes an official HTA Yearbook with our Media Partners, Nimble Media Limited. • Holds quarterly member meetings – get the information you need to help you deal with the things affecting you • Provides Representation with the Highways Agency at Industry Liaison Meetings


Membership Application

Membership Application *Annual Subscription for Heavy Haulage Operators: £325.00 per annum *Annual Subscription for Escort/Pilot Car Operators: £216.65 per annum

*CURRENT AS PER 01.01.14

PROPOSAL FOR MEMBERSHIP Type of business: e.g. Haulier, Crane Hire, Trailer Manufacturer, Consultant etc

Name of company: (“the Applicant”)

I / We, the above named Applicant/s, apply for membership of the Heavy Transport Association and agree to be bound by the rules of the Heavy Transport Association.


Signed by: (the Applicant/Main Contact)

Fax: Proposer/s: Address:

I/We, the above named Proposer/s, confirm that the Application is of good repute and is either: • a Professional Operator of Special Types vehicles or • involved in the manufacture of Special Types equipment, or • involved in the supply of any goods or services to Special Types Operators

Heavy Transport Association The White House, High Street Tattenhall, Chester CH3 9PX


Tel: +44 (0)1829 771774 Fax: +44 (0)1829 773109 E-Mail:

Main Contact:

Signed by: (the Proposer) 117


Hankook is one of the best known makers of tyres for trucks, and it covers the heavy haulage market. The Hankook Smartflex AH31 is a five-rib steer axle tyre for medium to long haul, available in sizes 295/80 R 22.5, 315/80 R 22.5 and 315/70 R 22.5. It is equipped with their advanced Spiral Coil Technology where an endlessly wound steel belt between the traditional hightensile steel cord belts makes for significantly improved belt durability. The new technology effectively helps to increase both tyre life and load capacity. Furthermore, it ensures a stabilised footprint shape for better steering and rolling characteristics. A ‘Tread Wear Equaliser Stepper’ which is a small support-block at the outside of ribs two and four effectively prevents one-side irregular wear.


The similar Smartflex DH31, again available in sizes 295/80 R 22.5, 315/80 R 22.5 or 315/70 R 22.5, are the corresponding drive axle tyre for medium to long haul purposes. It provides a solid six rib tread design with tread blocks

in six-angle shape for improved grip, higher mileage and reduced irregular wear. Hankook’s patented self-regenerating kerfs in the centre of each block prevent tearing at block edges thus providing good traction throughout the tyre’s life. All Smartflex tyres come with a newly adapted threedimensional full depth kerf solution. This results in a particularly even wear pattern, allowing for further mileage increase thus adding to the tyres economic efficiency. In the case of the drive axle tyre, 3D-kerfs care for a consistently high traction performance even in the later stages of wear. Hankook’s TH22 trailer tyre is designed specifically for long-haul and commuter traffic, which thanks to the very

latest state-of-the-art technologies provides a detailed added value when it comes to safety, efficiency and environmental protection. The profile and carcass design of the Hankook TH22 trailer tyre optimises wear resistance as well as rolling resistance. The closed four-rib block profile with extra broad shoulder ribs was specially developed to ensure high performance and a lower susceptibility to shoulder-edge wear. Undulating profile groves and transverse ribs down to the base of the groove additionally provide for effective water displacement, making the TH22 a true all-round talent when it comes to handling. The running surface mixture of the TH22 is consequently efficiency driven. Here Hankook

trailers and is designed to lower mileage. An optimal section shape with stable tread contour provides the best performance on medium routes and the asymmetric lateral tread provides directional driving stability. The grooves are specially designed with a wide angle to keep stones from getting lodged inside. The wide five-rib design assures a long tread life and enhanced traction. relies on its patented IMS solution (Innovative Mixing System) which is already being put to use in Hankook high-end e-cube series truck tyres and uses rubber with particularly long-chain molecules. This results in significantly cooler operation and decisively lower mileage. The Hankook TH22 is available in super single size 385/65 R22.5. The TH10 is optimised for medium haul

The Hankook TH10 is available in the following sizes 9.5 R17.5, 215/75 R17.5, 235/75 R17.5, 245/70 R17.5, 245/70 R19.5, 265/70 R19.5 and 285/70 R19.5 (All J-rated). All of the products above are suitable for retreading, as are all Hankook TBR tyres.


Tyre failure is something you can really manage without! Cars, trucks and trailers are now being fitted with tyre pressure monitoring systems that continuously check tyre pressure while the vehicle is moving, reducing the danger of unexpected tyre failure. A monitor in the cab gives alerts for problems such as a puncture or an under-inflated tyre and some systems also display the pressures and monitor temperature to give warning of a tyre that is overstressed and in danger of a blowout. For multi-wheel vehicles, and especially heavy haulage trailers, tyre pressure monitoring can be a real time-saver. It provides a quick way to check all the tyre pressures before a journey, while

continuous monitoring means that the driver is quickly alerted of any problems picked up on the way. A typical system consists of a monitor mounted in the cab and transmitting sensors on each of the tyres to be monitored. Sensors can be either inside the tyre or can be simply screwed onto the tyre valves in place of the standard dust caps, making installation very quick and easy. A signal booster or smart transceiver may also be required to relay the sensor signals to the monitor or to simplify switching trailers between different tractor vehicles. Mass market uptake of the technology means that cost of implementation has

fallen dramatically. A monitor can cost less than £50, and sensors £30 or less, so the total cost of a system can be offset by avoiding just one single tyre failure. TyrePal have been supplying systems to the consumer and truck market for some years, and the latest addition to the range is a system specifically designed for heavy haulage applications, where more wheels are generally involved. The new system monitors up to 38 wheels; four axles on the truck and six on the trailer. For even more axles, multiple monitors can be used. More information, including a free white paper on commercial applications of tyre pressure monitoring is available from TyrePal Limited, 01780 755490

TyrePal Ltd Unit 2 Glen Industrial Estate, Essendine, Stamford, PE9 4LE. United Kingdom. e-mail Phone 01780 755490 International phone +44 1780 755490


The Dover/Calais route is also popular as operators like the flexibility and frequency our services offer...


P&O Ferries carries close to nine million passengers, two million freight units and 1.7 million tourist vehicles a year across its route network. The company operates a fleet of dedicated freight ferries and multi-purpose ships across three sectors, the Short Sea, Irish Sea and North Sea. On the Short Sea the company sails between Dover and Calais with five ships that between them give a choice of 23 departures in each direction every day, meaning there’s always a ship alongside ready to load. Huge investment in the Dover fleet recently saw the introduction of the two largest ferries, by far, ever built for the Short Sea in the shape of the 47,000 tonne sister ships Spirit of Britain and Spirit of France. With capacity for 170 freight units, these state of the art ferries have twice the freight capacity of the ships they replaced, and are

scheduled to sail to meet peak freight demand to slash dwell times for customers to the minimum. On the Irish Sea, the company operates freight services between Liverpool and Dublin in the south

and Cairnryan and Larne in the north with freight only and large mutli-purpose ferries. The North Sea sector is served by dedicated freight ferries from Middlesbrough Teesport to Zeebrugge and Europoort and


large multi-purpose ferries from Hull to Zeebrugge and Hull to Europoort. The freight-only Tilbury – Zeebrugge service is P&O Ferries’ other route in this sector, operating primarily for the unaccompanied freight market. P&O Ferries are pleased to include a number of well known heavy haulage specialists amongst its customer base. Many such customers use individual sectors or a combination of routes. Our freight only services from Liverpool, Hull, Teesport and Tilbury prove very popular with operators. The Dover/Calais route is also popular as operators like the flexibility and frequency our services offer. Each port has a team of operational experts who are pleased to offer advice relating to their location, as well as a dedicated booking system offering customers confirmed space for the shipments which often fall within the ‘Convoi Exceptionel’ regulations.

The attached photos represent a common sight for aboard P&O’s freight operation throughout our network of routes. SUMO UK chose the P&O Ferries Hull to Rotterdam service for one of their new Volvo trucks and trailer loaded with new agricultural machinery on its way to the world’s largest agricultural show in Hannover, Germany. SUMO design and manufacture innovative cultivation equipment for the farming industry, at their Melbourne Factory in East Yorkshire.

Malcolm Hopkins Sales Manager - Freight P&O Ferries (Holdings) Ltd Channel House Dover CT17 9TJ DD: 01304-863121 Mobile: 07711-118169 123

HTA 30th Anniversary Dinner

HTA 30th Anniversary Dinner Venue: Coombe Abbey Hotel Date: Friday 22nd November 2013


HTA 30th Anniversary Dinner 125


ESDAL (Electronic Service Delivery for Abnormal Loads) What is ESDAL? ESDAL is a free to use webbased portal for assisted route planning and automated notification of Abnormal Indivisible Load (AIL) movements. Replacing a paper-based system, ESDAL brings significant cost savings to a task that can be complex due to the large number of parties involved, including the police, highway authorities, and the haulage industry. ESDAL makes sending abnormal load notifications easy and hauliers are able to make a complete notification through the ESDAL website - there is no need to send faxes/emails. Notifications will only be sent to the people or organisations that need it. ESDAL holds details of every structure that has an effect on the road network, whether under or over the road. In this way, the number of unnecessary notifications can be reduced, and only the people that need to


know are informed. The whole notification process associated with an abnormal load movement is more efficient for everyone involved. ESDAL provides up-to-date contact information for the organisations that hauliers need to notify and there is a personal address book where contact details of people that may need to receive the notifications can be added e.g. Dock Authorities or Electricity Boards. The routes and vehicles regularly used by the organisation carrying out the movement can be saved for future notifications. Police forces and Highway Authorities are able to provide feedback on notifications online removing the need for them to make contact by fax or e-mail. ESDAL can also automatically plan a route and a return route if required, from the start and end

point selected. Hauliers can then drag and drop the route on the map to select the roads that they wish to use. ESDAL has not changed legislation; it is a tool to streamline the notification process, and doesn’t replace the need for structure owners and police to review incoming notifications. ESDAL is free to use; all that’s needed is a PC with an internet connection and a web-browser. Benefits of using ESDAL • Access to ESDAL is password protected – vehicles and routes can’t be accessed by competitors • Accurate contact information • Rapid and electronic response from Highways Authorities and Police • Reduced administration costs • Assisted & Automated route planning

• All you need to do is sketch or use the A2B functionality to plan a route on the website, and ESDAL will tell you who needs to be notified and notify them for you if you wish • ESDAL improves accuracy and safety standards • ESDAL is free to use If you would like to register please contact the ESDAL Helpdesk by phone on 01642 636789 or by email to The development of the initial ESDAL service commenced in 2004 and since then technology has moved on considerably. To ensure ESDAL moves with the times the Highways Agency has recently completed a tender exercise for a modernised service to take full advantage of that new technology. The new service will be developed by Costain and their partner ARS T&TT, a Dutchbased international company

specialising in intelligent transport systems (ITS), who have developed many ITS solutions including the abnormal loads management system used in The Netherlands. The new service will come online in spring/summer 2014 and will include the use of cloud technology, meaning one integrated system for all users which will speed up Special Order handling and provide sophisticated routeing facilities that are faster, more intuitive and user friendly. There will be many training and e-learning opportunities for users to become familiar with the new system before it goes live and a web portal will be coming online in early 2014 to provide information and answer any questions users may have. Costain are speaking to as many stakeholders as possible about the current system and are collecting feedback to inform the


Costain: working with the industry and The Highways Agency to develop the next generation ESDAL2

development of the new ESDAL2. Working in close collaboration with the Highways Agency the aim is to provide continual improvement in the management of abnormal loads. “We were so pleased when the Highways Agency ESDAL notification system was created, and it has been considerably improved over the years. It is a good system that ensures all relevant authorities from Police and Highways Areas to Bridge Owners etc. are notified formally and creates a full audit trail to be able to clearly see how each Authority was notified and when. It is important that all abnormal load movements are notified correctly to all parties so as a heavy user of the ESDAL system for many diverse types of loads and dimensions for our UK & European clients, EAF Logistics Ltd welcome the opportunity to work with Costain and the Highways Agency to develop the system further.” EAF Logistics Ltd

“ESDAL has been of great assistance to me during my fledgling career at Collett & Sons Ltd. It simplifies the process of applying for permits even for our largest combinations. It helps keep all our abnormal load notifications in one orderly system and its extensive database of contact details enables me to keep in regular contact with all the authorities throughout the UK.” Collett and Sons Ltd 127


The FairFuelUK Campaign FairFuelUK is the Nationally Recognised Award Winning Campaign fighting for lower petrol & diesel prices and is widely accredited with stopping £30 billion of fuel duty being levied on businesses and the public in 2011, 2012, 2013, 2014 & 2015.

increased by 140%. Over the same period inflation has increased by “only” 43%. It may be easy to put the whole blame on the oil producers and the commercial operators that are responsible for what we eventually put in our tanks, but that is not the complete story.

The Campaign Background 38 million motorists including white van man, truckers and the haulage professionals rely heavily on petrol and diesel to keep their lives and businesses running smoothly and with the minimal of stress. The UK is a motoring economy that includes rural wastelands of any effective public transport meaning that we have no choice but to use vehicles in our daily lives.

It’s true, the retailers, wholesalers and fuel suppliers tend to pass on any crude oil price changes to us very slowly if they fall, and increase pump prices immediately, if they rise. In the holiday seasons, there are obvious price hikes to take advantage of seasonal tourism too. But their influence, in total affects just 40% of what we pay at the pumps.

At the time of writing this article, since 1996 the price of crude oil has increased by 425%. Diesel prices at the pumps have


Make no mistake, the biggest impact on the price of petrol and diesel is Government taxation. Approaching 60% of what we pay when we fill up, is Fuel Duty and

VAT. Is that really a fair taxation with the Treasury taking such a huge amount on an essential resource, that affects businesses and all our lives, where we have absolutely no other choice but to take it in the wallet? The price of fuel has rocketed to levels that are hugely affecting the economy, all levels of business survival and even all aspects social community and cohesion. Everyone is touched by this “toxic taxation”, even non drivers and those campaigning environmentalists who fill up with petrol and diesel at the pumps too. A person on the UK average salary will now typically spend one month of their annual take-home pay on fuel. Every penny added to fuel duty adds thousands of pounds per year to the cost of running a truck. Therefore, rising fuel prices inflate the cost of everything we consume from food

to furniture as well as the services we rely on from public transport to local authority, healthcare and the police. The price of petrol & diesel is now so high as to be a matter of social justice as it denies sections of society access to mobility. It impacts on business viability, business development, community, family life and even maintaining friendships. At the end of the 20th century when fuel was hitting the then dizzy heights of £0.80p per litre, hauliers blockaded London approach roads around Westminster. These good intentions of direct action activists were ignored by MP’s. And now we find that more than 10 years later the price of fuel has nearly doubled reaching new heights of unavoidable pain. Despite the public’s frustration, their grudging acceptance of high pump prices and the relentless general taxation of motorists has meant successive Governments continue


to take as much as they want and when they want. The table shows the impact of current fuel prices on businesses in an October 2013 FairFuelUK Poll amongst SMEs.

Impact of Fuel Prices

The price of fuel has rocketed to levels that are hugely affecting the economy...

Profit Down


Less disposable income


Had to increase prices


Less capital investment


Less new business


Sales down


Prevented long term planning


Business future in doubt


Less money for training


Stopped recruitment


Made staff redundant


No effect


Business closed


Sales up


Profit up


Over £45 billion is sucked in by the Treasury from motorists each and every year in vehicle excise duty and predominantly fuel duty. Yet only 10% of this huge amount goes into public transport and roads. Fuel duty is not a motorist tax it’s a general taxation funding a truly toxic tax that effects the average business and motorist the most. Enough is enough! In January 2011, Peter Carroll (Ex Haulage Business Owner - and the successful Ghurkha Campaigner with Joanna Lumley plus Howard Cox, a business turnaround and communication specialist met with Theo DePencier (Chair of the Freight Transport Association) and Geoff Dunning (Chair of the Road

Haulage Association) to give birth to the FairFuelUK Campaign. Up until this point both major haulage organisations had not worked together to fight the Government on the high fuel duty levies. They agreed that Peter and Howard should Campaign on fuel duty cuts on behalf of their members and indeed, all UK businesses and motorists and to mount an effective offensive in Parliament and the media. The FairFuelUK Campaign objectives are: 1 Stop any Fuel Duty Rises in this Parliament. The Campaign has achieved this objective, but the Government could still go back on their promise of a freeze in fuel duty till 2015 2 Go even further and fight to Cut Fuel Duty for the benefit of economic growth and what the whole nation wants – Convince the Government to recognise that by sensibly controlling fuel 129


duty, it is a growth stimulus not just a Treasury cash cow 3 Bring UK petrol and diesel to European Parity in terms of fuel pricing and taxation 4 Set up a mechanism that is the fairest way to price petrol and diesel for business, the economy and hard pressed motorists 5 Actively demand and support the inquiries into fuel pricing transparency and oil price speculation FairFuelUK met its first objective for the period 23/5/2011 to 31/12/2013 in full. As a result, it has had a major impact on every person and business in the UK. The net saving in fuel duty achieved between 23/5/2011 and 31/12/2013 is a saving of 13p per litre on every litre of petrol/diesel sold in the UK. This is the combination of: • The cancellation of the 5p rise planned for 1st April 2011 (it was replaced by a 1p cut)


• The deferment of the 3p rise planned for 1st January 2012. To August 2012 • Then the deferment of the 3p rise planned for 1st August 2012 to January 2013 • Then the cancellation of the 3p Fuel Duty Rise in January 2013. • No Fuel Duty review until September 2013 • At the Tory Party Conference 2013 Mr Osborne said he would freeze Fuel Duty till 2015 making a total saving in this Parliament of about 16p (incl VAT) These savings amount to £30 Billion in fuel duty and VAT to the UK economy. In addition the Campaign helped cause the abandonment for the period of this Parliament of Labour’s plan to add 1p (known as the escalator) to any further inflationary rise in fuel duty.

FairFuelUK Strategy There were two main components to the Campaign strategy in making the FairFuelUK Campaign so effective: 1 To manage a national Campaign under the banner of FairFuelUK with the energy, drive, commitment, information, resources and practical actions that would bring together the UK road freight industry, UK business and the motoring public into a focussed PR, lobbying and public programme to meet the campaign’s objectives. The Campaign is backed by the RHA, FTA, The RAC, the Association of Pallet Networks, Aldermore Bank and the Fuelcard Company. 2 Produce economic evidence that rising fuel taxes actually harmed the UK economy and the plans for deficit reduction – a key argument in times of poor public finances.

For the continuing Campaign success, it was and remains important to unite various groups/trade associations from within the road freight industry, general UK business and leading motoring groups (such as the RAC) that had previously never campaigned together on this national issue. And above all it was critical to make the Campaign truly national by reaching out to hundreds of thousands of individual members of the public and companies via the internet and social networking platforms. So a purpose built and interactive website was built as the focal point of the Campaign providing contextual support with frequent blog posts and reports, acting as the instrument for supporters to take the activities needed. The website’s ( visitor numbers are currently annualising at 2 million visits per year and growing. The combined


on line and paper sign ups (as at 2013) = 400,000+ of which 65% are individual members of the public and 35% businesses. The interactive Campaign process involved creating profiles and controversy content on Facebook, Twitter and YouTube, updated regularly and incorporated within the main website to drive traffic to sign up and support. It was also important as part of the campaigns image in securing the commitment of the high profile motoring journalist and commentator Quentin Willson (pictured with Danny Alexander, Treasury Minister) as both the face and voice of the campaign, attending party conferences, speaking in debates on transport issues and writing regular blogs and articles about the campaign. He is a committed activist for the cause, not a token celebrity endorsement. His FairFuelUK Blog is read by more than 1 million each year.

Next it was vital in securing the commitment of Robert Halfon MP (pictured) to launch one of the first ever Government ePetitions, which subsequently achieved over 100,000 signatures in just six weeks, triggering the crucial debate in parliament before the Chancellor’s Autumn statement of 2011. Other political activity involved establishing a House of Commons All Party Parliamentary Group (APPG) Chaired by Robert Halfon MP with FairFuelUK as the secretary. Holding several parliamentary receptions in the House of Commons to brief and challenge MPs and a Westminster Hall debate in advance of the March 2011 Budget. The Campaign distributed text and materials that enabled supporters to lobby politicians. FairFuelUK utilised a sophisticated on-line Campaign platform that enabled the Campaign to involve tens of thousands of people to help lobby MPs at critical stages. 131


For example, in the days before the FairFuelUK debate held just weeks before the Chancellor’s 2011 Autumn Statement MPs received more than 20,000 emails from constituents (FairFuelUK Supporters) urging them to speak, attend and vote for the motion in the debate. There were public events to generate discussion, create content for online distribution and sustain momentum including: Pulling a truck down Whitehall to symbolise the difficulty of operating a road freight company with ever rising levels of fuel duty. MPs pushing a car (pictured) to the door of 10 Downing Street to symbolise the suffering of families. Unfurling a giant banner outside the Treasury with a graphic that showed the enormous percentage of the cost of a litre of fuel taken in tax. Sending every MP symbolic


cheques explaining how much an average motorist was having to pay in fuel duty and VAT on petrol/diesel. All of these “stunts” attracted the media in their droves.

responded to the public survey in just 5 days. This type of response has become the norm.

Blanket media coverage at the pinch points of the Campaign included all national TV, radio and the newspapers. The Campaign had print articles in every national newspaper with editorial leads and invitations to write the ‘Comment’ sections in for example, the Daily Express. Online coverage in blogs and forums has achieved over 20 million interactions to date. The FairFuelUK team are regularly asked to comment of fuel issues in all media on national media platforms.

In addition FairFuelUK commissioned the Centre for Economics and Business Research (CEBR) and (NIESR) to produce a report showing that rising fuel duty damaged the UK economy and deficit reduction plans. These major economic reports were paid for by the FTA and the RHA and are at the heart of the proposition that cutting fuel duty is good for the economy. This act in itself will stimulate jobs, increase GDP and reduce inflation. This will generate tax income for the Treasury in the resultant economic growth replacing any loss in Fuel Duty revenue.

The supporters were regularly polled with the largest ever surveys of how petrol/diesel prices were affecting families and businesses. For example 29,000

The Future The Campaign will continue to fight for lower pump prices, pricing transparency and a better deal for road hauliers, but also

intends to help the Government look at ways to replace the tax cuts in Fuel Duty proposed. More emphasis will be based on challenging the unfair and toxic taxes levied on motorists and the haulage industry. Is there a fairer way to generate taxes from this sector? FairFuelUK believes so, and intends to drive this question into the public and media focus in 2014. To be even more successful, FairFuelUK critically needs your backing and support. Please contact Howard Cox, co-founder of the Campaign if you can be involved.


Howard Cox is pictured below with Robert Halfon MP

Howard Cox is co-founder of the FairFuelUK Campaign that’s prevented £30 Billion of tax hikes in this Parliament. A specialist in effective communication with 40 years of business turnaround success for SMEs and campaign management. Now working full-time on the FairFuelUK Campaign and also convincing the Treasury to look at a “fairer way to tax the Road User” t: 07515421611 email Please get all you know to sign up and support FairFuelUK at - Watch this space 133


Getting your fuel, 24 hours a day

Filling up a heavy haulage tractor is both expensive and time consuming


Running an effective and profitable heavy haulage operation requires access to competitively-priced fuel all over Europe, at all times of the day The biggest cost for most hauliers is fuel. As the price rises almost weekly getting good value is paramount. It is also vital that what fuel is bought is good quality. It stands to reason that heavy haulage trucks use more fuel than their 44-tonne siblings. While a typical top-weight truck should achieve 8-10mpg, a typical STGO wagon will only do 3-5mpg. It may also need additional diesel for donkey engines to power winches and PTOs. Filling up a heavy haulage tractor is both expensive and time consuming. The time a truck is stood at the pumps filling up is dead time – it’s not earning.

Set up in 1985, AS24 is a French company that specialises in selling bulk fuel to hauliers. Part of the Total group, the company is growing fast. In fact, in 2012 it had less than 600 outlets, by the end of 2013 that has risen to over 750. With affiliation to other fuel stations Europe-wide, AS24 customers have access to 12,000 outlets. Cédric Vigneau is the Managing Director of AS24. He says: “Our main purpose is to sell fuel to hauliers. We have branded AS24 fuel stations across Europe designed for hauliers – they have wide lanes, pumps which are five times faster in dispensing and the ability to fill two tanks at the same time. These save the haulier time spent stopped at the pumps fuelling.” “Our stations are not close to the main roads, but are often in industrial areas to give us more

space and to be close to where the trucks are delivering. They are unmanned and open 24/7. We also sell AdBlue and red diesel.” As well as having its fuel stations, AS24 also operates its PINcontrolled fuel Cards, “We have two different types, says Vigneau, “the AS24 card which drivers use to fuel on our Europe-wide network. But we also have the AS24 Eurotraffic card which can be used at AS24 stations but also at Eurotraffic stations and other key brands across Europe.” “Our cards are secure and give transport managers perfect fuel consumption information. The manager can set up exactly how much fuel is to be bought at any one station, or in any country. It prevents casual fills by drivers at a petrol station where they may ‘have a friend’. The manager can also block a card immediately if it


Image: AS24

is stolen or misused, or if the driver is fired.” AS24 also has the widest European network of AdBlue stations. Six years ago, AS24 started a new business to manage tolls and taxes allowing drivers to pay these ‘on the move’ by issuing tags to pay for tolls in France, Spain, Portugal, Germany, Poland, Hungary, the Czech Republic, Slovakia and Italy. The card can also be used for other countries which do not use the tag system. The company is also devising a way to pay for the new French Eurotax tag using a GPS system. AS24 employs 250 staff with its headquarters in Nantes, France where everything is centralised but there are 13 sub-bases across Europe including the UK.

massive area from Northern Ireland to Norway, across to Moscow, down through Georgia, across Turkey, Morocco and Portugal, it is looking to grow further. Says Vigneau: “We are looking at the Middle East, Syria, Iran, Iraq, Jordan and the like.”

Cedric Vigneau

Vigneau says there are three main reasons why hauliers should use AS24. “The network is designed for them, the price, while not always the cheapest is fair and it’s consistent across the network, and finally the security.” Security management is key. The managers can control fleets, see their usage, see all transactions and manage all their trucks. They can see it on a daily basis.

Expansion is on the cards, and while currently AS24 operates in a 135

Member in Focus

Nearly five decades of success shows Russell Transport Group truly is quality in motion Since its beginnings over 45 years ago the Charles Russell Transport Group has grown considerably to become one of Europe’s leading providers of machinery transportation and installation. The company now offers its customers a wide range of services, including transportation, lifting, installation and warehousing, which is a far cry from back in 1968 when Charles first started out in the family business. “I come from an agricultural background as my father was a smallholder farmer and we had a relative nearby who was a cattle haulier. When I left school I started working on the farm, but then inherited our relative’s business when he


passed away. The business ran on a B-licence, described as ‘restricted goods to a restricted radius’, and it meant that I could only carry agricultural goods locally. Everything changed in 1972 when the O-licence came along as it opened the door to entrepreneurs who were prepared to work on different types of transportation.” As a result of this, Russell became involved in industrial work via a colleague who worked in a local factory that made machine tools. The Swiss company had experienced difficulties in delivering their products to customers’ premises and so asked Russell if he would handle their transport needs. “Of course I said yes,” he reveals,

“but decided that I was going to do the job properly and so went out and bought a crane, which I fitted to my truck. The Swiss people were impressed and soon the work started to build up.” The Swiss machine company is still a client of the Charles Russell Group to this day, as part of an operation that now covers haulage, removals and installations of heavy industrial plant and equipment. To undertake this demanding workload the company’s present fleet includes modern, low emission articulated trucks and road trains, extendable low loaders fitted with self-loading cranes, covered trailers with sliding roof and hydraulic ramps, which means cargo ranging from

1 to 80,000kgs can be dealt with on a daily basis. A comprehensive service is now offered throughout the UK, Europe and beyond, including deep-sea shipping to any destination worldwide and all necessary documentation, permits and escort vehicles can be arranged and managed. It is this that has seen the company develop an enviable reputation for its specialist expertise in the movement of large-scale valuable items such as works of art, aircraft and boats. “Transport is where we started out and will always be a major part of our business, but as we’ve grown over the years, so have the other areas of operation 137


Member in Focus

too,” adds Russell. “Take our lifting services, for example, where we uplift, transport and install machinery and equipment to exact requirements. It’s an area that sees us continually investing in the very latest equipment and training all our staff to work to the highest possible ISO 9002 standards so that our customers have total peace of mind. “With our installations operation, meanwhile, we have cranes and forklifts designed for low headroom operations, fully adaptable for working in confined spaces, while unique in Europe is our versa-lift machines that come with a lifting capacity of 45,000kgs and are available with a hook block attachment for lifting and lowering in tricky locations. The rest of our machinery moving equipment includes hydraulic jacks, nylonwheeled skates and specialised air skates for sensitive floors,

which means we can take on practically any challenge and still exceed customer expectations.” It is this can-do attitude, coupled with a commitment to excellent customer service, that has seen the Charles Russell Transport Group steadily grow each year and the company now also offers warehousing to support the transport and installation divisions. HMC-registered bonded warehousing is serviced by in-house forklifts and overhead cranes capable of lifting 50 tonnes, meaning valued customers can be certain that their machinery or goods will be securely stored, whether for the short or long term, and they are provided with the total package, from point of manufacture to installation. With nearly five decades of business growth and success under his belt, does Russell have any particular memories of

a service is now offered throughout the UK, Europe and beyond, including deepsea shipping to any destination worldwide 139

Member in Focus

while projects like this can be challenging it definitely is what we thrive on


projects that stand out? “Well, we got into transporting largescale, valuable works of art in the 1980s through a local foundry that makes bronze statues,” he says. “We’ve moved everything from some of the leading lights of the British art scene, but one of the most impressive jobs we’ve done so far was placing the giant ‘’liberty’’ statue which is placed on the coast of Ilfracombe. The sculpture is the tallest in the UK, with half the body exposed to reveal the baby and internal organs inside. Another recent project undertaken was the largest sculpture project in the

World which was recently installed in Doha with the whole project from point of manufacture in UK, to the shipping and installation organized by Charles Russell Transport Group. Seriously though, while projects like this can be challenging it definitely is what we thrive on and, as our slogan says, we really are all about quality in motion.” To find out more about the Charles Russell Transport Group, visit

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TomTom: Vehicle Telematics & Fleet Management Improving balance sheets at the touch of a button As truck and heavy haulage operators contend with soaring overheads, pushed to an alltime high by one of the highest diesel prices in the world, TomTom Business Solutions’ director Giles Margerison explains how fleet management technology can drive efficiency gains and cut costs. Fuel costs are never out of the news for long and although pump prices have fallen in recent weeks, analysts believe further price drops are unlikely. As truck and heavy haulage operators continue to be squeezed by rising operating costs, the need for smart systems and strategies that can deliver savings and efficiency gains have become all the more pressing. Fleet management solutions continue to demonstrate remarkable returns on investment and have become all the more


compelling in an economic climate exhibiting little more than anaemic growth. Thousands of pounds in fuel savings alone can be realised through enhanced routing, the better utilisation of vehicles to jobs and smarter driving practices. What is more, the wealth of driver and management tools that the latest systems offer enable forward-thinking companies to not only drive down costs but to also increase business productivity and boost standards of customer service in a multitude of ways. Tracking, navigation and communication systems have a proven track record of saving businesses thousands of pounds a year. Truck navigation devices, such as TomTom PRO Truck, can cut journey times and appropriately route larger vehicles by routing drivers around access restrictions based on the height,

width, length, weight and weight per axle of their vehicles. All the while, live traffic information allows hauliers to provide customers with accurate ETAs and drivers to plot the quickest routes to their destinations. As all heavy vehicle operators know, being stuck in traffic means idle time wasting many, many, litres of fuel. Working time compliance made easy Fleet management systems can also help to ensure that the monitoring and management of driver hours and tachograph usage is carried out effectively, while minimising timeconsuming administration and the impact on precious business resources. The importance of this cannot be underestimated with convictions for drivers’ hours

violations and tachograph offences leading to fines of up to £5,000 and, in some cases, prison sentences of up to two years. Recent research commissioned by TomTom Business Solutions among companies operating vehicles of 3.5 tonnes or more found that the risk of prosecution for tachograph offences was a growing concern for 46 per cent of companies. Almost half said roadside inspections by VOSA were on the increase and a fifth admitted that infringements had been recorded against them in the last three years. Advanced tachograph management software solutions can help minimise the risks of prosecution, automatically scheduling remote downloads to ensure deadlines are never missed and incorporating reporting analytics to detail 143


driver infringements at the touch of a button. Saving money and the environment In addition, vehicle and driver monitoring tools can feedback a range of important information on fuel consumption and other costly events, such as idling. The financial and environmental impact of excessive idling of heavy transport vehicle engines can be considerable. Engine idling often occurs during periods of very hot, or extremely cold, weather, when drivers look to use their in-cab air conditioning or heating. According to Freight Best Practice however, a division of Department for Transport, on tickover, a typical heavy-duty truck engine consumes fuel at the rate of around two litres per hour. This equates to more than 5kg of CO2 emissions per hour. By changing driver behaviour, significant savings can be realised.


Technology in action The value of advanced fleet management systems has been perfectly illustrated by cleaning and hygiene specialist Zenith Hygiene Group. Zenith vehicle fleet, including 63 trucks, makes in excess of 1,000 deliveries a day. To keep control of its large vehicle fleet takes a great deal of time, resource and cost, and the business recognised the need for change to achieve greater efficiency across its operations. The demands on the business were increasing, and it needed to be innovative to stay ahead in a competitive marketplace while addressing the effects of its fleet on the environment. The company invested in a TomTom solution and by installing navigation and fuel monitoring devices across its fleet, it successfully slashed fuel costs by £222,660 a year. Independent research conducted by global sustainability

consultancy Environmental Resources Management discovered Zenith has reduced fuel bills by up to £22,000 a month by using the technology to monitor assets and improve driver performance. The Hertfordshire-based firm is also saving almost 600 tonnes of CO2 a year, equivalent to 1,000 return lorry trips between London and Manchester, and achieved return on its investment in the TomTom system within just three months. More efficient job dispatch processes have helped Zenith to improve response rates and provide customers with accurate times of arrival, bringing a resultant boost in levels of customer service. In terms of fuel economy, the average vehicle mpg soared from 26 to 43 in just three months. This improvement was achieved thanks to a comprehensive

This scheme, implemented with the involvement and cooperation of the drivers themselves, has dramatically reduced instances of activities such as vehicle idling, which have a significant impact upon fuel consumption. Further to this, a reduced risk profile has seen insurance premium savings of £78,000 in just two years, while maintenance bills have also been slashed by £50,000. Giles Margerison – Director, UK and Ireland, TomTom Business Solutions

programme for the improvement of driving standards, underpinned by the fleet management technology. Across the company car fleet, CO2 usage decreased from 30.7lbs per vehicle to 21lbs per vehicle over the course of a year. Zenith used TomTom’s Optidrive functionality to monitor driving style and help drivers to meet achievable performance benchmarks, using incentives and extra training where necessary.

Appropriate fleet management technologies have become integral to companies’ operational processes. With the likes of TomTom continuing to innovate, increasing numbers of forward-thinking operators are set to reap the rewards.


TRAILERS The trailer is one of the most fundamental parts of any heavy haulage operation but given that the choice of kit and manufacturers is very wide for such a niche part of transport, getting the right trailer for the job, however, is relatively easy. 147


Goldhofer Goldhofer offers a comprehensive trailer range for transporting construction and agricultural machines, prefabricated sections and general transport goods. Its range enables payloads between 20 and 80 tonnes and covers a broad spectrum of variants. The TU series is a lowbed trailer with a mountable, cranked frame section over the swivel truck and the bevelling on the frame ends.


This trailer has recently been extensively modernised and now comprises a new drawbar, more secure and simplified ramps, a modern, flat frame profile with wheel cutouts as well as more comprehensive standard equipment are just some of the areas which have been redesigned. This gives the trailer an improved centre of gravity due to optimised load surface length, maximum

safety due to dual-action hydraulic cylinders with integrated load securing valve, making securing with belts or ramp bars no longer necessary, extensive lashing options with certiďŹ ed lashing rings and a high point loading due to tight cross rail spacing. Goldhofer offers three to seven axle self-tracking rear bogies for moving self-supporting long loads, such as wind turbine tower

sections, pre-cast concrete elements for bridge and building construction, long steel bridge sections or pipes. The payload range is 24-70 tonnes and steering is undertaken mechanically by the movement of the bolster on the axles. In addition, readjustment is possible via wireless remote control. +49 8331 15-592

Goldhofer 149

King Trailers


King Trailers King is a well-known name in the field of heavy haulage trailers. It is the largest UK manufacturer of abnormal load trailers with a worldwide customer base. It offers a wide range of trailers such as the GTS range of stepframes from 16 to 55 tonne payload for carriage of plant and

equipment. Fitted with a choice of fixed or self-steering axles the GTS range is a cost effective and proven solution for almost any application. The MTS range is fitted with full hydraulic steering and is available from three to six axle configurations with payloads up to 90 tonnes. The MTS is

manufactured with a centre spine chassis for maximum steering angles. The MTS is also available as an extending trailer (MTSE) with single, double or treble extensions offering many more versatile application solutions.

different loads a King Slopebed can solve the problem. The T range is a heavy duty range with spring suspension for off road applications in tough conditions worldwide.

The KPS range is available for some plant applications where the full deck is required for +44 1858 467361 151


Nooteboom One of the most recognisable names in the heavy haulage trailer market is the Dutch manufacturer Nooteboom BV. The company makes trailers with payloads from 20 up to 140 tonnes. The product range includes semi-trailers such as extendible and hydraulically steered low-loaders, semi lowloaders, flatbed and drawbar trailers. Nooteboom has a UK subsidiary, HSE Ltd, which is a wholly owned part of the Group. It has a strong reputation for the supply of new Nooteboom trailers, heavy haulage equipment and service support. Its first swing-axle low-loaders appeared in 1953 and today Nooteboom has a wide range of low-loaders, varying from two to 11 hydraulically steered axles and with a maximum payload of up to 134 tonnes.


For these low-loaders, operators choose a floor from an extensive choice of options to meet their requirements. Depending on the type of floor, the width can be extended to just over 4m and the length to 30m. It offers the Pendel-X Euro as its latest generation of low-loaders which is equipped with pendle axles for hauling construction and earthmoving machinery. For the transport of boats and vessels the Pendel-X low-loader offers important advantages too. The axle assembly is extremely compact; in comparison with a conventional low-loader it is up to 260mm shorter. It also has a load capacity of 13.4t per axle. They can be supplied with two, three, four or five pendle axle lines and in widths of 2,540, 2,740, 2,840 and 2,990mm. If extra payload capacity is needed the PXE low-loaders can be supplied with a single or twin axle Jeep

dolly or a two or three-axle Interdolly. Nooteboom Euro low-loaders are used for earthmoving machines, plant, wheel loaders, boats, combine harvesters and machinery components. Maximum GVW is 134 tonnes. The low-loaders are available in many configurations. They can be supplied with two to five axles, in widths of 2,540 and 2,740mm and there is a wide choice of load floors. For more payload and improved axle load distribution, a Jeep dolly or Inter-dolly can be added. For long loads Nooteboom has an extensive range of flatbed semitrailers called Teletrailers. These are equipped with an extendible load floor and hydraulically forced steering. With this steering system, the extremely large steering angle ensures optimum manoeuvrability.

The Teletrailer is available with two to six hydraulically steered axles, has a GVW of 102 tonnes and a load capacity of around 85 tonnes. The triple extendible Telestep has been developed specially for ultralong loads such as rotor blades, tower sections and steel structures. Nooteboom designed and constructed the Telestep so that loads up to the maximum coupling weight can be positioned right behind the gooseneck. The Nooteboom Ballast trailer is designed for the transport of crane ballast and other heavy loads. The chassis is reinforced, giving an extremely high technical load capacity. They consist of hydraulically steered semi-trailers with four, five or six axles and are also available with an extendible load floor. +44 1536 204233


Image: 8-axle panther semi low-loader



5-axle self-steering trailer with 3-axle dolly and tower adapter

Image: 5-axle VARIO semi low-loader

DOLL Fahrzeugbau AG German manufacturer DOLL started business way back in 1878 and now offers a wide range of trailers to suit pretty much every heavy haulage application. DOLL heavy haulage vehicles are classified into five product groups, namely platform semitrailers, semi low-loaders, lowloaders, self-steering trailers and

off-road vehicles to cover the various requirement profiles of the construction and energy industries for applications in Europe and worldwide. Besides the proven VARIO heavy haulage series, DOLL offers the panther series with its innovative steering technology and an independent suspension system. The Germany-based manufacturer was the first company in the heavy haulage industry

worldwide to develop the innovative double wishbone technology which has become the symbol of quality and reliability in the industry within only three years.

Single, double, triple and even quadruple telescopic extensions are available irrespective of the number of axles. The steering angle of 55° always ensures an unbelievable manoeuvrability.

All panther trailers have a low loading height of 850 mm and feature a divided axle with a 12 15 t axle load and can be offered with between one and ten axles with independent suspension.

In contrast, the DOLL VARIO series stands for heavy duty semi-trailers with beam axles that are built according to a construction principle that has successfully proven itself for

decades. DOLL VARIO trailers are equipped with air suspension as standard and can be produced with between one and eight axles. Self-steering trailers are available for the transport of particularly long and heavy cargo such as steel and concrete girders, bridge sections or wind turbines and stand for sturdy, stable and easy handling at all times.

In general, all options of the DOLL model range include fixed or hydraulic goosenecks, variable length and inclination and outer main frame or central box. +49 7804 49-0 155

John Hudson Trailers Ltd John Hudson Trailers have the largest specialised trailer hire fleet in Europe. They are a family-owned company of fifty people operating on a seven acre site in Bawtry, South Yorkshire. They have been continuously trading since 1959. The company was started by John Hudson as an Albion Truck dealer and grew steadily, becoming a Leyland Trucks distributor in the 1970s. After Leyland’s merger with DAF in


1987, the company decided to concentrate on the sale and hire of trailers and was known for many years as the Trailer Supermarket. Today the company directors are still family members and include John’s son Chris and his son John. As well as flats, platform skeletals, curtainsiders, machinery carriers, flat and stepframe extenders, and lowloaders, they have a growing number of independent suspension trailers. These

versatile trailers offer a lower deck height, better payload per axle and tighter turning radius than traditional steering trailers. All the trailers are available for rent or sale. If you are already running specialist trailers on your fleet, they can also offer service, spares, repairs, refurbishments and VOSA test services all on site at Bawtry. +44 1302 710711

John Hudson Trailers 157




Faymonville Belgian company Faymonville builds highly customised trailers for heavy haulage transport which it sells through an international network of trailer dealers in Europe and across the world. The company has been building trailers for over 50 years and offers a range of trailers and semi-trailers, with payloads from 20 to 5,000 tonnes, enabling it to satisfy all requirements. Faymonville has three production sites based at Bullange, in Belgium, Lentzweiller, in Luxembourg and Goleniouw, in Poland.

Faymonville already has a strong commercial presence throughout the whole of Europe and the rest of the world. Its products include: The Multimax semi low loader trailer available with two to ten axles and extendable up to 48 metres. The Euromax is a two to

four-axle semi low loader, extendable, ultra-light construction. The Megamax lowbed trailer with one to five axles features a removable gooseneck and offers different lowbed variants, with or without one to three-axle freeswing dolly.

The Gigamax is a low bed semitrailer with three to six axles and one or two pendle axles integrated in the gooseneck. The Variomax is a low bed semitrailer with pendle axle chassis between the gooseneck and the low bed.

The Telemax is a two to six-axle flatbed semi-trailer, extendable by up to four times to 65 metres. The Cargomax range consists of flat platform semi-trailers with three to eight axles for crane components and crane weights. Modulmax heavy duty axle lines (2 to 6 lines) of modular vehicles with payloads up to 5,000 tonnes. Not only is the Modulmax compatible with the Faymonville Powermax range (a self-propelled heavy-load transport module (SPMT modular vehicle)), but also is compatible to work with other makes of modular lines also.

In 2014 Faymonville launched the COMBIMAX range, a revolutionary modular system that offers the end user huge flexibility in design and operation, that until now, has not been available on existing modular trailers. 01536 206915 +32 80 640155 159


Broshuis Broshuis, founded in 1885, is the oldest manufacturer of trailers for special transport. It is a key player in innovation and design of new trailers for the heavy haulage market. Since 1962, Broshuis has been based at Kampen in the Netherlands and has sales offices and outlets throughout Europe. Broshuis introduced the semi-low loader in 1929 and has been developing it ever since. The semi-low loaders are developed for heavy, high and long transports in various widths. The loading deck is specifically designed for heavy, wheeled cargo. The semi-low loaders are not only multifunctional by design, but also because of the various options which are available. Broshuis offers three types of semi-low loaders; self tracking, power-steered (hydraulic) and


independent suspension. The semi low loaders can be specified with two to six axles and axle loadings of eight to 12 ton at 105km/h. Deck heights start at 525mm and they can be single or double extended and fitted with air or hydraulic suspension. Besides the self-tracking semilow loaders, Broshuis also supplies a semi-low loader with hydraulic steering using its own designed system. With this type of steering, operators are able to access difficult locations. They are available as two to 12 axles combinations and deck heights start at 800m and can be single, double or triple extendible, with fixed, or hydraulic goosenecks and fitted with air or hydraulic suspension. The SL-Trailer is also available as a semi-low loader. It is equipped with independent suspension to give benefits against beam axles or pendular axles such as 12

tonnes per axle line, less tare weight, 57 degrees steering angle, better stability with 850mm ride height, lower maintenance costs, easier access for tyre changes and more ground clearance. They also offer platform trailers specially designed for long and heavy loads, but also for the transport of crane ballast weights.. Hydraulic steered platform trailers are also in the range offering access to the most difficult locations. These can be two to six axle and offer a deck height of 1,400m, are single, double or triple extendible. +44 1858 432502 161

TII GROUP – more than the some of its parts In the Transporter Industry International TII Group, the longstanding experience and knowhow of three globally leading heavy duty specialists are bundled: the SCHEUERLE Fahrzeugfabrik GmbH in Pfedelbach (Germany), the NICOLAS Industrie S.A.S. in Champs-sur-Yonne (France) and the KAMAG Transporttechnik GmbH & Co. KG in Ulm (Germany). Their road transportation series feature compact fifth wheel semi-trailers that can be given an international licence as well as different types


of modular platform trailers with a range of load-bearing capacities, platform heights and vehicle widths, also adaptable to the relevant country-specific regulations. In order to optimise the payload of the technical and approval-specific maximum loadbearing capacity of the axles, the focus of the development is on a possibly lightweight construction type whilst retaining the rigid main beams. With a huge worldwide fleet of the SPMT and K24 series – the “strong ones“ in the TII Group among the modular, selfpropelled heavy duty transporters

– the TII Group is present on the global market. With the development of the ship section transporter technology, the group has revolutionised the in-plant transportation of ship sections and set the global standard in shipyard logistics. On individual vehicles with loading areas of up to 200 square metres and more, ship sections weighing 1,000 tons can be moved with the extremely load-bearing and precisely controllable high-tech vehicles. The TII Group has developed transportation systems for the logistics requirements in

metallurgy which can expertly handle the extreme heat, dirt and heavy loads. The product range here reaches from ladle transporters for molten steel, slag pot transporters with payloads up to 150 tons through to slab transporters, industry transporters, scrap basket transporters, U-frame dumpers and articulated steering units, compact coil transporters with covers protecting against all weathers as well as heavy load trailers with electronic steering and automatic retraction aid for the underriding of pallets. At any

place where a larger number of swap bodies, trailers and semitrailers has to be shunted, repositioned and towed, costeffective solutions for fast and safe moving are needed. The “Wiesel” product family designed by the TII Group provides optimal solutions for these requirements and over 1.700 vehicles in use speak for themselves. The TII Group also offers special solutions for wind turbine and tower transport, mining, plant construction and builds special vehicles like Reel Carriers that can carry weights up to 500 tons.

TII Sales 163

VEHICLE MANUFACTURERS The right truck for the job The British heavy haulage industry was built on bespoke kit from the likes of home-grown manufacturers such as Scammell, Thornycroft, Foden, ERF and Atkinson. Sadly, all these names have faded into history, either the companies were taken over by foreign makers and ultimately dropped, or they ran into their own troubles and ceased building.

When Scammell faded from the UK scene, Germany’s Faun, a master of building specialist heavy haulage tractors, saw a gap in the market. But even it is no longer building such kit. However, heavy haulage companies in the market for new vehicles are still, relatively speaking, ‘spoilt for choice’, with seven of the major manufacturers all offering vehicles that are suitable for STGO operations in the UK. To start with, here’s what’s available ‘off the shelf’ from the main manufacturers’ catalogues. 165


Image: Scotts Heavy Haulage (Ireland) Ltd

DAF Owned by US manufacturing giant Paccar (which owns such iconic brands as Peterbilt and Kenworth), Dutch manufacturer DAF – which is also the last builder of heavy trucks in the UK - has both its CF and XF ranges available for heavy haulage. The CF – which has the smaller cab - can come as a 6x2 or in 6x4 tractor form with engines of 412, 462 and 510hp outputs and cabs in either day, sleeper or high sleeper. The 6x2 variants can be twin steer or trailing (tag) axle – the latter available with single or twin tyres on the tag axle. The 6x4 has double tyres on both drive axles. The 6x4s can be plated at 150 tonnes while the twin steer is 65 tonnes maximum GVW and the tag axles can be used for 80 tonnes.


The bigger XF is more popular for heavy haulage. It too comes as a 6x2 twin steer, but for most STGO operations the two versions of 6x2 tag and the 6x4 double drive will have greater appeal. Cabs are either the Space Cab or the extendedheight Super Space Cab – both are able to accommodate two bunks, though for longer distance work with a crew of two, the latter has its obvious benefits. The engine options for the XF are ‘restricted’ to the 462 and 510hp versions, DAF currently does not offer anything above the 510hp which inevitably sees it overlooked in favour of MAN, Mercedes/Titan, Volvo and Scania, which have engines of 600hp+. DAF’s Euro VI models have been available for a year or so now and are selling well. Part of the

switch to Euro VI has seen a cab makeover, its fourth version since it was launched back in 1987 as part of the Cabtec venture with Enasa, the owner of Pegaso at the time.

Image: Collett & Sons Ltd


Image: R Collett & Sons

Image: Allelys Heavy Haulage


Image: Ainscough Crane Hire

MAN Truck & Bus MAN Truck & Bus UK offers a wide range of heavy haulage vehicle options and has found rapidlyincreasing favour in recent years with many of the UK’s leading heavy haulage operators. An example of MAN’s now well-proven ability in the heavy haulage world has been its success in the formerly DAFmonopolised Allely’s fleet. Above the standard UK limit of 44 tonnes GVW on six axles, MAN offers 6x2 twin steer, 6x2 tag axle and 6x4 tractors for various GVWs up to 80 tonnes. However

it also offers ‘off the shelf’ 8x4, 8x6 and 8x8 units for the really heavy stuff, not just up to 150 tonnes of STGO category 3 but also beyond and to GVWs of 250 tonnes. While these trucks will not be built speculatively, of course, they are all regular production options available from the MAN plants. With MAN, there is absolutely no need for operators to buy a standard 6x4 and have the vehicle modified, everything is purpose built: that said, MAN always works hard with operators to ensure the final vehicle is produced with any of the available optional extras they may wish to specify.

Image: Collett & Sons Ltd

Cabs are usually the ‘top of the range’ XXL double sleepers, but lower cab heights and even smaller cabs can be specified for STGO Category 1 applications. With Euro VI looming as we go to press, MAN has already announced its new engine line-up for the heavy haulage sector, with engine ratings from 500hp and above being catered for by an efficient and reliable range of inline six cylinder units of around 15 litres. From the company in which Rudolf Diesel produced the very first of the world-changing engines that still bear his name, you’d expect nothing else! 169


Mercedes-Benz Also from Germany, MercedesBenz has recently overhauled its entire truck range with three new models; the new Actros, the Antos and the Arocs. All are available in 6x4 versions, with the Actros adding an air suspended 250t 8x4 tractor unit to the lineup, although it is the Arocs that is of particular interest to heavy hauliers, with 6x4, 6x6, 8x4, 8x6 and 8x8 versions all available for operation up to 250t. Powered by Mercedes’ own Euro VI inline 6-cylinder engines up to 625hp and 3000Nm, these are the only trucks available with the Voith Turbo Retarder Clutch. This unit combines wear-free starting and a high-power primary retarder in a compact unit, whether in a standard tractor unit or the 250t SLT models of Actros or Arocs with additional cooling behind the cab. Add to this a wide range of cabs from day to


flat-floored high roof double sleeper, and almost all UK heavy haulage applications are covered. Options such as reinforcement for push-pull operation up to 750t are available ex-factory, but if you require something in excess of this, specialist manufacturer Titan combines Mercedes-Benz driveline components and cabs with their own chassis design to build a range of 6x6 and 8x8 tractive units up to 1000t capacity, as well as more specialist mining and oil exploration vehicles.


Image: Plant Speed

Image: Chappell’s Heavy Haulage 171



Image: FTX Logistics

Scania It was once said that there are those who drive a Scania and those who want to drive a Scania. For heavy haulage applications, Scania has the engines, the cabs and the drivelines, and sells heavy haulage vehicles world wide. One of the most appealing features for heavy haulage is the fact that Scania, and its Swedish compatriots Volvo, are – currently

– the only two manufacturers with ‘off the shelf’ engines over 700hp. Scania offers the R730 (which actually develops 720hp!) in 6x4 but also 8x4 formats – the latter marketed as being suitable for 250 tonnes GVW, meaning it’s well-capable of handling the 150 tonnes of STGO Category 3. This comes with a Topline double sleeper, although a standard sleeper is also an option. You can also have a Scania Highline cab.

But for those not needing such muscle, Scania has a range of engines for heavy haulage, staring at 400hp, although realistically the R480 and the V8 R500, R560 and R620 will have greater appeal. Scania has introduced its Euro VI range – although Euro V were still being produced to meet orders placed before December 31. The new range – marketed as Streamline – features the same

cab that dates from 1996, and now on its fourth look. However Scania’s 'all new’ cabin is expected to break cover some time soon, possibly as early as 2014. Usually, however, heavy haulage trucks can be the last to benefit from new cabs, so expect the existing R series to be Scania’s offering for top weight applications for some time to come.

Image: Broshuis 173



Volvo Another company which really embraces the heavy haulage market is Volvo It currently has the biggest engine on offer in a production truck – the FH16.750, and while Volvo openly suggests the 750hp 16-litre engine is aimed mainly at the heavy haulage market, the image conscious owner operators and big fleets are also taking this engine for general 44 tonne operation where it has proved to be a very frugal choice for long haul coupled with a new family of heavy duty single reduction axles. We are anxiously waiting to see what Volvo will be offering in the new FH16 for Euro VI as this has as yet to be announced. Volvo has completely overhauled its heavy truck range with the new FH launched last year, it is now establishing itself in the market, with its all-new cab it is

winning friends with drivers and operators alike, the new upright A-pillars enhance the space in the cab by 1 cubic metre compared to the former Globetrotter XL model, offering increased space and comfort for double crew operations. As well as a night heater the new FH can offer a cool cab environment with the unique I Park Cool system that uses the truck climate control system when stationary. When it comes to safety simple is the watch word with innovative rear-view mirrors with revised, less-obtrusive mirror-housings and lower door windows enhancing the all-round vision. This of course is supplemented by the tough Swedish safety cab and active safety systems that aim to reduce accidents occurring in the first place. While dynamically the New FH’s rideand-handling characteristics are

enhanced by increased cab rollstability, revised air suspended bogies and improved steering, with the option of the new Volvo dynamic steering system being available on right hand drive models during 2014, helping reduce drive stress. This coupled with the truck’s connectivity to base and the Volvo workshop with a new Gold contract to ensure maximum uptime are all part of the reason the Volvo FH won the coveted International Truck of the Year 2014 award. The FH is available with the option of three cabs, sleeper, Globetrotter and Globetrotter XL. With single or twin bunks in the Globetrotter versions. The drivelines, available at Euro6 start with the new D13K engine at 420 (2100Nm) 460 (2300Nm) 500(2400Nm) and 540hp (2500Nm) , this is a very simple engine design using unit

injectors, and a conventional turbocharger, the engine features uncooled EGR to maintain the heat in the exhaust after treatment system where the diesel particulate filter and SCR combine to meet the Euro6 demands on particulates (50% reduction) and oxides of nitrogen (77% reduction) respectively. While the bulk of Volvo gearbox sales are centred around the two pedal I shift system which is available, as an overdrive and or with heavy haulage software, a conventional 14 speed gearbox is available with either direct top or overdrive ratios in combination with hub reduction for those who prefer manual control and a deep crawler gear. The new FH is available as a 6x2 tag and the lighter 6x4 B ride up to 80tonne, for higher weights there is the new 6x4 rear air suspension for 100-120 tonne

and the legendary heavy duty T ride conventional bogie for up to 150tonne applications continues in the new FH. There is also a 8x4 Tridem pusher tractor on rear air suspension. This range of model choice is also available on the new FM and FMX range which now shares the new FH chassis platform albeit with the familiar low mounted FM and FMX cabs which have been heavily revised internally and externally to enhance driver comfort. The New range also features the FH electronic hardware updates in terms of connectivity to both the base and workshop.

and FMX are also available with the new D11K engine with common rail technology and uncooled EGR at 330 (1600Nm) 370( 1750Nm) 410(1950Nm) and 450hp (2150Nm). The FM is available with the option of five cabs day, sleeper, low sleeper, Globetrotter and Globetrotter LXL. The FMX is more construction oriented and only offers day, sleeper and Globetrotter.

The FM and FMX for heavy duty work have the same D13K Euro6 engine with horsepower’s up to 500hp on the FM and 540hp for the FMX. For lighter more payload sensitive construction applications the FM 175


Collett & Sons Ltd

Cyclone at Ferrybridge Power Station Collett Projects recently completed the delivery of 2 Cyclone Vessels each 22m length x 6m diameter x 40 Tonnes from Germany to Ferrybridge Power Station, via their heavy lift terminal in Goole. Twelve weeks before delivery,


Collett Consulting surveyed several route options to the job site before eventually settling on a high load route via Selby Town Centre and the A1M South. The route did not deliver the loads to the site entrance because of a low railway bridge close by, so the Collett Heavy

Lift Division proposed and engineered a scheme to lift the vessels from the motorway utilising a 1200t capacity mobile crane, positioned inside the Ferrybridge Power Station site. The lifting of the Cyclones from the motorway was within Collett Projects scope of work. 179


Collett & Sons Ltd

Ten weeks prior to transport from Goole, Collett Transport applied for a Temporary Prohibition of Traffic Order on a 14km section of the Southbound carriageway of the A1M. The route to the A1 took the convoy through the village of Cambleforth and eventually through the Selby town centre. Residents en-route had been notified of the movement by letter

drop and through local media. Both loads departed from Collett Goole at 1800 Hrs on Saturday 10th August accompanied by police escorts and a wire lifting team, successfully completed the journey, without incident and were parked on the closed section of the A1M adjacent to the job site by 0100 Hrs on the 11th August. Offloading commenced at 0200 Hrs.

After unloading Cyclone 1, the empty low loader proceeded onto the power station site, to reload the item and move it into position for unloading at a later date. The process was repeated with Cyclone 2. The Project was completed on time, on budget and without incident. 181

WWL ALS & GCS Johnson

Moving tunnel boring machines across London WWL ALS’s abnormal loads team recently moved a tunnel boring machine (TBM) from St John’s Wood in central London to Haringey, also in the capital. Understandably this was an extremely challenging operation, and was accomplished by dismantling the TBM into four component parts and moving them separately. The heaviest part alone weighed 105 tonnes and


measured 4.40m in length and was 4.71m in diameter while the second heaviest was just two tonnes lighter. The component parts were a cutting head, machine can, shield main drive and tailskin. The latter two components had to be moved under a Special Order obtained from the Highways Agency. That alone presents extra planning challenges.

Delivery was completed over two weeks with each separate move taking 4hrs for the 9km journey between the two shaft portal sites. Due to police restrictions, the deliveries were spread and it was only on speciďŹ ed Sunday mornings that the largest sections could be moved. WWL ALS subcontracted the use of a vessel bridge trailer to transport the 23t and 40t pieces

WWL ALS & GCS Johnson

Delivery was completed over two weeks with each separate move taking 4hrs for the 9km journey between the two shaft portal sites 183

WWL ALS & GCS Johnson


WWL ALS & GCS Johnson

and a modular five-bed trailer with a drawbar unit for the heavier pieces. Preparations included detailed route surveys which had to take into consideration the many bridges – of varying heights - and street furniture such as lampposts, bus shelters and the like – that were on the route. Data supplied by Network Rail and British Waterways Board was needed and the moves required close liaison with the Highways Agency, City of Westminster, Camden and Haringey Borough Councils, the

Metropolitan Police and Transport for London (TfL). The route approved by the HA presented the team with many problems including the need to remove or replace substantial items of street furniture. Parking bay restrictions were also needed and an advance letter drop was made to churches, residences and street parking areas along the route to preadvise of the early Sunday morning movements. To get the loads through, maximum road space was

needed and to do this, many residential parking bays had to be suspended, at an additional cost of £15,000. On the day, to ensure any cars that were parked in the way of the route, and so would have hampered its progress, meant a Police ‘lifter’ was employed and joined each convoy (involving six police escort vehicles). It was used to relocate any obstructing cars parked by the public along the route. TfL arranged for bus services to be either diverted or re-scheduled to minimise delays and inconvenience to passengers.

WWL ALS staff were in attendance throughout the planning and delivery of these moves to ensure a smooth operation and to maintain close communication with the customer, Police and other authorities. Thanks to meticulous planning and co-operation, the deliveries were completed on schedule. This was the third TBM delivery by WWL ALS in London in 2013, and the Company is planning similar TBM movements for 2014. 185




Big challenge in Turkmenistan Faymonville’s S-module range of modular equipment has successfully been used to help deliver a 570 tonne cylinder for a petro-chemical site in Turkmenistan. The project involved 6 sets of Faymonville’s S-module range of modular equipment. The

combination involved the 4 row systems used in 3 file combination. The 1500km route in Turkmenistan was successfully negotiated without any hitches and won Hareket (A specialist transport company FROM Turkey) the ESTA award in the category of ‘transportation of loads over 120 tonne GCW’.

To assist with this complex move a team of Engineers from Faymonville were sent to give their assistance and expertise in the assembly of the 3 files, 24 row combination. The route was planned with meticulous detail and successfully delivered on time and within budget. 187

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