23-06-2011
Red Tape Challenge - CPT's List
UK REGULATIONS etc
Motorway Traffic Regulations 1982 as amended
Abolition of the poorly-justified, discriminatory and carbon-unfriendly third lane coach ban would send a strong signal that the Government is serious about reducing regulatory burdens.
Lost Property Regulations 1978
All operators have systems for dealing with lost property, but this is not really an area that needs continuing government regulation.
Road Vehicles Lighting Regulations 1989 as amended by the Road Vehicles Lighting (Amendment) Regulations 1994.
The regulations require that designated buses and coaches that are used for journeys to and from school are required to display retro-reflective yellow school bus signs on the front and rear. Vehicles displaying school bus signs are also permitted to use hazard warning lights when the vehicle is stationary and children are boarding or alighting.There is no proof that the signs make any difference to other road users’ behaviour, and there would be cost and time savings if the requirement to display them were removed. It should not be an offence to use hazard warning lights when dropping or picking up vulnerable road users, regardless of the protection currently given by this regulation.
The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990There is overlap between these Regulations and the duty to drive with due care and attention (the microphone stipulations, for example). Most of the other requirements overlap with Equality Act duties (stopping as close as possible to the kerb) or the Smokefree England legislation. It is highly questionable whether the antisocial behaviour of passengers is moderated by the existence of these Regulations. The key concepts could be incorporated in operators’ terms and conditions. This would have the advantage that it would be easier to update them to deal with emergent practices such as “sodcasting”.
Bus Lanes Approved Devices Order 2005
This Order is useful insofar as it permits proceedings to be taken against motorists on the basis of evidence gathered by cameras. However, the requirements for approval are excessively demanding, and it might be better to turn round the burden of proof on evidence so that people breaking the law would need to show that the equipment used to record their contravention was not fit for the purpose.
Road Transport (International Passenger Services) Regulations 1984
This piece of legislation establishes CPT as the Government’s agent for distributing the journey forms that are required for non-regular international journeys. Whilst we would be pleased to see the forms abolished, there is no realistic prospect of this happening. As an interim measure, could be abolish these Regulations and set up our relationship with the Government on a non-Statutory basis? EU GOLD PLATINGDirective 2003/59 – Driver CPC
This Directive contains an exemption for vehicles undergoing road tests for technical development, repair or maintenance purposes. Deeming that this does not extend to vehicles being taken to or from a testing station for some form of test is petty and expensive, as it means that maintenance personnel need a full Certificate of Professional Competence as a driver.
Regulation 3821/1985 as amended– Records of Driving Time and Rest
There is an equivalent exemption in this Regulation to the one above, but, again, it is deemed not to cover journeys to and from a testing station. Consequently, maintenance staff have to be trained to use tachographs and need to be provided with digital driver cards if they are taking modern coaches for test (also for taking coaches out to replace ones that have broken down, which is a further over-restrictive interpretation of the Regulation).VOSA and the police require drivers to make a record of other work for every day in a fixed week in which they do any “EU” driving. This is time consuming and therefore costly. Although it helps roadside enforcement officers to build up a picture of the working lives of part time drivers, it uncovers no additional information that cannot be discovered when records are checked on operators’ premises, or by asking drivers at the point they are checked at the roadside.