CPA Bulletin

www.cpa.uk.net CPA Bulletin > August 2024 37 Legal NEWS LEGAL: 1 The trial for the mobile crane sector will be based on the impact on traffic - so will be evidence led - which if successful, could be adopted by other police forces around the country. The trial began on Monday 15th July, and has a strict criterion for mobile cranes. The mobile crane must: • Be a motor vehicle which has a crane permanently mounted as part of the vehicle chassis design, which is specially designed or built to carry out lifting operations. However, for this trial, lorry-mounted cranes are EXCLUDED. • Have a Gross Vehicle Weight (GVW) of 80-tonnes or less. • Have a maximum width of 3m. • Have a maximum length of 25.9m. Other caveats for this trial are that it is subject to regular reviews over the 3-month trial term; and that mobile cranes will comply with any specific embargo conditions that may be implemented during the course of the trial. This may include a ‘no travel’ hiatus during one-off peak time events, such as prominent sporting events or concerts. In these circumstances only companies who are involved with the trial will be notified beforehand. Police Information Document The three police forces have created and circulated an information document detailing how the trial will operate, and what roads are covered. A copy of the document can be found within the ‘Transport’ section, under ‘Legal’, on the CPA’s website - www.cpa.uk.net . If the crane company’s movement plan extends beyond the above embargo exempt routes, then any other roads which may be used to reach the crane’s destination may – on a case-by-case basis – be also included as part of the embargo exemption; however, companies will still need to submit their movement plan at least 2 days in advance of the movement to ensure the ‘extended’ exemption is granted. Should any member wish to be involved with this trial, then they can contact Gwent Police using the following email address - george.john @ gwent.police.uk Should members wish to find out more information on this trial, then they should speak with Gwent Police. Welsh Police Temporarily Lift Mobile Crane Embargo Times In the final days of the last Parliament, there were a rush of Parliamentary Bills which did not succeed in becoming law. This included the ‘Data Protection and Digital Information’ Bill, which would have replaced the EU data protection regime as a legacy from Brexit. Another which failed to be passed was the ‘Arbitration Bill’, which would have provided new rules for individuals and businesses to resolve disputes without going to court. Members are reminded that another form of ‘dispute resolution’ is available under clause 36 of the CPA’s Model Conditions for any contractual dispute they have with their customer. This process is under the heading of ‘adjudication’ and differs slightly from ‘arbitration’. Details of the adjudication process can be found on the CPA’s website – www.cpa.uk.net/legal-insurance-plant-theft/ legal/adjudication or by contacting David Smith. It will be the new government’s decision when these Bills will become law. Previous Parliamentary Bills which did not succeed In late June, Gwent Police, after listening to industry representatives, implemented the temporary removal of Embargo Times for smaller-sized mobile cranes. This has since been extended to now include South Wales and Dyfed-Powys police forces.