CPA Bulletin

34 CPA Bulletin > February 2022 www.cpa.uk.net Legal NEWS LEGAL: 1 Members will be aware that from 1st April 2022, plant and equipment which is used purely for construction purposes will no longer be able to be refilled with red diesel after this date. At the time of writing, the CPA is producing a Q&A sheet which gives helpful advice and guidance on the forthcoming changes; and will be available for download from the CPA’s website. Red Diesel Changeover - April 2022 At the time of writing, a Statutory Instrument (SI) has been laid before Parliament and is expected to be enacted on 29th January 2022. From that date, if it is passed, then there will be a new priority/hierarchy of road users. This change will mean that those who pose the greatest risk have a higher level of responsibility. So in essence someone who is cycling along the highway has a greater duty of care to those walking, while those who drive a vehicle have a higher duty to cyclists and walkers. The changes introduce some advisory measures which may not be legal requirements; but would be used as a benchmark in any court proceedings. These measures include: • Drivers giving way to pedestrians crossing or waiting to cross a road into which or fromwhich their vehicle is turning. • Drivers not cutting-across cyclists going ahead when turning into or out of a junction or changing direction or lane, to prevent ‘left-hook’ accidents. • When parked on the roadside, to use their other arm to open the door, thereby forcing the driver to look behind before opening the door. • Drivers should leave at least 1.5mwhen overtaking cyclists at speeds of up to 30mph; and provide a wider width when overtaking at a faster speed. With the advent of London’s Direct Vision Standard (DVS), Construction Logistics and Community Scheme (CLOCS), and other schemes promoting safety to vulnerable road users, the introduction of the Highway Code change may be used as an added incentive for organisations to remind their drivers, irrespective of vehicle driven, of the consequences if they fail to adhere to these changes and an accident occurs. Highway Code Changes from January With effect from 17th December 2021, the period for self- certification when an individual is absent from work, has been extended from 7 to 28 days. This means that the individual would only have to provide evidence of their illness, i.e., a doctor’s certificate, if they are now off work for more than 28 days (which would include any non-working days e.g., a Saturday or Sunday). Consequently, the individual would qualify for Statutory Sick Pay (SSP) - currently at £96.35 per week - for a maximum of 28 weeks. The SSP rate may be increased from 6th April 2022 as per Government’s annual review. If the individual’s absence is due to COVID (or the Omicron variant), and is self-isolating, then the individual can obtain a NHS111 note which can be sent to their employer. Self-certification is extended