CPA Bulletin

Legal NEWS LEGAL: 1 The CPA is reviewing the CPAModel Conditions of Contract, and all associated Supplementary Conditions, with the intention of launching the updated versions on 1st July 2021. This will coincidewith the 10th anniversary since last revision. Some comments have already been received fromMembers andwill be considered by aWorking Group. If you wish to be involved with the Working Group, or you would like to send any comments, please email david.smith@cpa.uk.net as soon as possible. CPA Contract Conditions Review From 21st October 2019, new drug driving limits and roadside testing will be added to Scotland’s road safety laws. This will include a zero-tolerance approach to the eight drugs most associated with illegal use, such as cannabis, heroin and cocaine, with limits set at a level where any claims of accidental exposure can be ruled out. A list of other drugs associated with medical use will have new limits as well, based on impairment and risk to road safety. The regulations laid in the Scottish Parliament (subject to approval) will permit prosecutions where different drug types are found to be above specified levels. Offences for driving above the new specified drug limits will operate alongside the existing law that makes it an offence to be in charge of a motor vehicle while unfit to drive through drink or drugs and will carry the same maximum penalties. Carrying evidence of the prescription for a medical drug will not be a defence if advice includes “do not drive”. New Zero-Tolerance Drug Driving Laws in Scotland 44 CPA Bulletin > November 2019 www.cpa.uk.net The Safer London Lorry Scheme has gone live, allowing vehicle operators who drive into London the opportunity to apply for their HGV Safety Permits. The Driver Vision Standard (DVS) uses a star system to rate HGVs over 12 tonnes from 0 (lowest) to 5 (highest), based on howmuch a driver can see directly through their cab windows. Vehicles currently classed as 0 star rated will be banned from 26th October 2020 unless a Safe System* is installed on the vehicle. This scheme will be voluntary until 25th October 2020, after that date it will be mandatory. The scheme will operate 24-hours a day, 7-days a week on all roads within the Greater London boundary. Heavy Goods vehicles (HGVs) without an HGV Safety Permit will be in breach of the scheme and will be issued with a penalty charge notice (PCN). Two levels of PCN can be issued for contravention of the scheme: £550 for the operator/haulier and £130 for the driver. This is reduced by half if paid within 14 days. It is expected that any fines against the driver will only arise if the driver is shown to be directly culpable for this or related infringements. As a result, the minimum DVS requirements have been phased, recognising the need for fleet renewal cycles to be considered (one star in 2020 and three stars in 2024). In addition, since the original DVS proposals were outlined, the Safe System has been added as a mitigating measure for fleets that are unable to meet the direct vision requirements. *The Safe System is a series of vehicle safety measures which are designed to reduce the risks HGVs present to cyclists and pedestrians. The core Safe System proposals include: - Blind spot elimination and minimisation, e.g. a fully operational camera monitoring system; Class V and VI mirrors; and a sensor systemwith driver alerts - Warning of intended manoeuvre, e.g. an audible left-turn vehicle manoeuvring warning and external pictorial stickers and markings - Minimising physical impact of a hazard, e.g. side-underrun protection For further information on how to apply for a HGV safety Permit, the scheme itself, or ascertaining your fleet’s star rating can be found at https://tfl.gov.uk/info-for/ deliveries-in-london/delivering-safely direct-vision-in-heavy-goods-vehicles Direct Vision Standard (DVS)