Our latest newsletter including new MOT rules
November 2020: NL
This month has started with further trading and work restrictions, with our new lockdown in England commencing on 5th November and currently running through to 2nd December.
The Furlough scheme has come back into play with 80% of pay being met by the government for furloughed staff. The chancellor has extended this to March 2021 with a review being taken in January.
We are clearly not yet free of the Covid issues that have dogged us for the majority of 2020. However, business is still functioning, albeit not as freely as we would like. We all still have obligations to our clients, our workforce and to ourselves to keep our working practices as safe as we can for everyone. Here at Junction 17 we are continuing to offer support and delivering training solutions for our clients.
Areas for you to consider this month in relation to your road risk strategies are:
Clock changes last month, mean shortened daylight hours for the next few months, it is very important that when conducting our vehicle checks that we pay special attention to our vehicles lighting, both for our own and other road users safety. Make sure your lights and reflectors are clean and working correctly. Lights and reflectors are also items that are part of MOT requirements. The MOT changed in May 2018; we have therefore added to this edition a reminder of what is currently covered in an MOT.
MOT rule changes: 20 May 2018
The MOT test changed on 20 May 2018, with new defect types, stricter rules for diesel car emissions, and some vehicles over 40 years old becoming exempt.
Published 20 March 2018
Last updated 20 May 2018 — see all updates
The way that the MOT test works in England, Scotland and Wales changed on Sunday 20 May 2018.
The MOT test works differently in Northern Ireland.
The changes affect cars, vans, motorcycles and other light passenger vehicles.
There are 5 main changes you need to know.
- Defects are categorised differently
Defects found during the MOT are categorised as either:
The category the MOT tester gives each item will depend on the type of problem and how serious it is.
MOT testers will still give advice about items you need to monitor. These are known as ‘advisories.
What the new categories mean:
What it means about the item
How it affects your MOT result
A direct and immediate risk to road safety or has a serious impact on the environment.
It may affect the vehicle’s safety, put other road users at risk or have an impact on the environment.
No significant effect on the safety of the vehicle or impact on the environment.
It could become more serious in the future.
It meets the minimum legal standard.
- Stricter rules for diesel car emissions
There are stricter limits for emissions from diesel cars with a diesel particulate filter (DPF).
A DPF captures and stores exhaust soot to reduce emissions from diesel cars.
Check your car’s handbook if you don’t know if your car has a DPF.
Your vehicle will get a major fault if the MOT tester:
- can see smoke of any colour coming from the exhaust
- finds evidence that the DPF has been tampered with
- Some new things are included in the MOT
Daytime running lights will be checked on vehicles first used from 1 March 2018.
Some new items are tested during the MOT.
They include checking:
- if tyres are obviously underinflated
- if the brake fluid has been contaminated
- for fluid leaks posing an environmental risk
- brake pad warning lights and if brake pads or discs are missing
- reversing lights on vehicles first used from 1 September 2009
- headlight washers on vehicles first used from 1 September 2009 (if they have them)
- daytime running lights on vehicles first used from 1 March 2018 (most of these vehicles will have their first MOT in 2021 when they’re 3 years old)
There are other smaller changes to how some items are checked. Your MOT centre will be able to tell you about these.
- The MOT certificate will change
The old MOT test certificate (left) has changed to a new style (right) to list the new types of defects.
The design of the MOT certificate has changed.
It lists any defects under the new categories, so they’re clear and easy to understand.
The service to check the MOT history of a vehicle has been updated to reflect the changes.
- Some vehicles over 40 years old won’t need an MOT
Cars, vans, motorcycles and other light passenger vehicles won’t need to have an MOT if they’re over 40 years old and have not been substantially changed.
Until now, only vehicles first built before 1960 were exempt from needing an MOT.
Now the rules have changed, vehicles won’t need an MOT from the 40th anniversary of when they were registered or manufactured. You can check the date the vehicle was registered online.
If a car was first registered on 31 May 1978, it won’t need an MOT from 31 May 2018.
You won’t have to apply to stop getting an MOT for your vehicle.
However, each time you tax your historic vehicle (even if you don’t pay a fee), you’ll have to declare it meets the rules for not needing an MOT.
The maximum fees MOT centres can charge won’t change.
In January 2018, the government decided to keep the age a vehicle needs its first MOT at 3 years, rather than extend it to 4 years.
You can get a free MOT reminder by text message or email a month before your MOT is due.
You can be fined up to £1,000 for driving a vehicle without a valid MOT.
Tyres over 10 years old will be banned on heavy vehicles
Earlier this year, the government announced that tyres aged 10 years and older will be banned on the front axles of lorries, buses and coaches.
You can read the full story in the Department for Transport’s news article.
DVSA already checks for tyres aged 10 years and older during roadside enforcement stops. This change in the law will allow us to issue prohibitions if these tyres are found at annual test and enforcement checks.
What is changing?
From February 2021, it will become illegal to fit tyres aged 10 years or older to:
What this means for these vehicles at annual test
Tyres that are aged 10 years and older will become a failure item at annual test.
If these tyres do not display a date code, they will also fail.
As part of the annual test, our Vehicle Standards Assessors (VSAs) will check that each tyre displays a date of manufacture or re-treading.
What this means for our enforcement checks
Once the rules change, if our roadside enforcement teams find a tyre aged 10 years or older fitted to the front axle of a relevant vehicle, they will issue an ‘S’ mark prohibition and conduct a follow up investigation.
What happens next?
We will publish updates to the guide to maintaining roadworthiness, categorisation of defects and MOT inspection manual before the new legislation comes into force.
In the lead up to the ban, VSAs will start to identify tyres aged 10 years or older on HGVs, alongside their existing checks on PSVs.
They’ll share this information with vehicle presenters and drivers to help raise awareness of the new rules.
We will update you with more information ahead of the change in the law being introduced.
This new rule will help improve road safety and follows work undertaken by government and the determined efforts of campaigners.
published 18th Sept 2020
Warning about seriously defective aftermarket lorry brake drums.
Warning about seriously defective aftermarket lorry brake drums
Operators are being warned about seriously defective aftermarket brake drums that may be fitted to Scania P400 lorries within their fleet.
We are aware of 2 cases where aftermarket drums, which were not manufactured or supplied by Scania, have failed on P400 lorries.
No front braking
Both lorries were left without front braking and were fully laden.
The drums failed in the same way when the braking surface fractured and separated from the mounting ring. It is believed that this was not due to normal wear and tear.
We have been unable to identify the manufacturer but an image of one of the failed drums is shown above.
Let DVSA know
Vehicle safety defects can also be reported at DVSA's online vehicle recalls and faults service
We have a responsibility to ourselves and our workforce to ensure that we all take the appropriate rest when we are driving. Fatigue is a killer if we don’t take the rest and breaks that legislation lays down.
This issue of fatigue is increased during winter months with longer periods of darkness taking its effect on us. As employers we can be liable if we do not monitor our workforce correctly. The below article was published in March this year following the findings of a court action taken against employers whos driver was involved in a collision in 2013.
Contractor Renown Consultants Ltd guilty after two died
(Published 20 March 2020)
Two men died in a road traffic accident as a result of their employer, Renown Consultants Limited, failing to ensure that they were sufficiently rested to work and travel safely.
Nottingham Crown Court heard that Zac Payne, 20, and Michael Morris, 48, died on 19 June 2013 when Mr Payne fell asleep at the wheel of the work van and came off the motorway, crashing into a parked van, while driving back to Doncaster after a night shift in Stevenage.
The previous day Mr Payne had left Doncaster at 4.30am and driven to Alnmouth, Northumberland, arriving at 7.30am to carry out work on the railway. The expected work did not take place, so after waiting until midday Mr Payne started the drive back to Renown’s Doncaster depot, arriving at 3pm.
On his way to the depot he was asked to take on an overnight railway welding job in Stevenage and, in company with Mr Morris, they set off from the depot at 7.18pm arriving at the site at 9.47pm.
The two men then undertook welding jobs from 11.15pm leaving the site once they had finished at 3.40am. The crash occurred at around 5.30am as Mr Payne was driving back to Doncaster.
The Office of Rail and Road (ORR) told the court that Mr Payne, who like his colleague was employed on a zero-hours contract, was suffering the effects of fatigue and may have fallen asleep at the wheel or experienced ‘microsleeps,’ which hugely increased the risk of a traffic accident.
The court was told that Network Rail had asked Renown for an additional welding team for the Stevenage job at 7.30am on 18 June and Renown had accepted the job before considering if it had sufficient well-rested employees and before speaking to Mr Payne. The company did not follow its own fatigue management procedures, nor did it comply with the working time limits for safety critical work, such as welding, which insist there should be a ‘minimum rest period of 12 hours between booking off from a turn of duty to booking on for the next’, and it did not conduct a sufficient and suitable risk assessment of Mr Payne’s fatigue.
Mr Payne was also permitted to drive, despite the company’s insurance policy that stipulated only over 25s may drive their vehicles and heard evidence from other members of staff that the policy was routinely flouted.
ORR found that Renown’s policies and procedures were particularly inadequate because employees were on zero hours contracts, and these contracts created an obvious incentive for employees to volunteer for work when they were too tired as they were only paid for the shifts they worked. This was made worse as Mr Payne, and other trainee welders, were reliant on Renown for securing the qualifications they needed to qualify as welders, which discouraged them for refusing shifts.
Ian Prosser, Chief Inspector of Railways said: "Our thoughts are with the family and friends of Mr Payne and Mr Morris.
"The rail industry relies on a huge workforce of skilled manual staff often working at night and on shifts. Fatigue is a real and known risk which reduces alertness and affects performance. Today’s tragic case shows the fatal consequences that can occur when fatigue policies are disregarded. Safety comes first and ORR will continue to monitor and take action where companies do not take sufficient care to ensure their workforce is not too tired to work."
Notes to editors
- Renown Consultants Ltd was found guilty of failing to discharge its duty under Sections 2 and 3 of the Health and Safety at Work etc Act 1974 and regulation 3 of the Management of Health and Safety at Work Regulations 1999 and was therefore guilty of an offence contrary to Section 33 of the Act.
- This is the first time that ORR has prosecuted in relation to failures of fatigue management.
- The Office of Rail and Road is the UK’s rail regulator and strategic roads monitor for England. Follow us @railandroad.
Junction 17 offer support to businesses with Earned Recognition Audits, please contact our offices for further details to see if we can help you strengthen your road risk strategy.