CPA Bulletin

q & a s I have heard that from 8th April 2019, Transport for London (TfL) are launching the Ultra- Low Emission Zone (ULEZ), and that may affect some mobile cranes. Is this correct?   Yes, that is correct. Within the Transport for London (TfL) website, there is reference that most mobile cranes are exempt under this scheme. However, should this not be the case when checking your crane’s number plate on their website, TfL have advised that in order for them to determinate whether the crane is compliant or not, companies will need to provide TfL with the following: • LEZ Application form; and • The V5 form; and • Clear photos showing the mobile crane from all 4 sides. Once received, TfL will then determine if the vehicle meets the requirements to be exempted from the ULEZ. If you have any questions regarding the ULEZ Scheme, please visit the TfL website at www.tfl.gov.uk/lez or you can contact them on 0343 222 1111 . a We have an employee who is currently on sick leave. It is company policy that all employees who are on sick leave, only receive Statutory Sick Pay (SSP), after their third day of absence. What is the maximum period of SSP the employee can receive? Once the employee qualifies for Statutory Sick Pay (SSP), then the maximum period a worker can receive SSP is 28 weeks (196 days), subject to the employee providing a bona fide doctor’s certificate. SSP entitlement ends on the last qualifying day which is either: • When the employee returns to work; or • When the employee’s contract of employment has ended; or • When the 28 weeks has concluded. Where the employee returns to work, but subsequently takes another absence of sick leave within 56 days (8 weeks) of the initial absence, then both absences are linked. During this second absence, the employee immediately qualifies for SSP, (there are no 3 “waiting days” qualification); but, for this second occasion, the employee’s maximum entitlement is 28 weeks (196 days), less the number of SSP days taken during the initial absence. a Q&As: 1 When we hire out our road- going plant, we are unsure whether it needs to be insured like a normal car. a If an item of plant is going to travel along the public highway - irrespective of how short the distance is - then it will need to be taxed and insured. This would make it compliant to the Road Traffic Act, which is the customer’s responsibility under clause 32(a) of the Model Conditions - Government Regulations. If the plant is not going to leave the site (and there are no roads maintained by public expense on the site), then it should fall under the customer’s ‘hired-in’ plant insurance policy. Clause 13(b) of the Model Conditions states that the customer covers (indemnifies) you for any claims of damage to the plant or to any third party’s property during the hire period. As to the status of the plant’s insurance cover itself, i.e. whether it is treated as a car or an item of plant, is a question for your broker to clarify under the insurance policy they have in place for you. We supplied a machine with an operator to one of our customers under the Model Conditions. We now have a disagreement with them as to the number of hours the operator worked. The timesheet signed by their representative stated 46 hours per week and travel allowances, but our client is only prepared to pay 44½ hours and no travel allowance. Where do we stand? a With regards to the hours, under clause 18(a) of the Model Conditions, a signed timesheet by the customer’s representative would bind them to the hours you invoice. So, if the customer’s representative has signed the timesheet stating 46 hours, then they must pay for 46 hours. Travelling time is mentioned in clause 27, but that applies at the beginning and end of the hire period, unless the hire contract form or timesheet states otherwise. Whether you wish to enforce these clauses at the possible expense of future commercial business with this particular customer is your decision. 56 CPA Bulletin > February 2019 www.cpa.uk.net