2018/0441/UK
EC/EFTA
GB Royaume-Uni
  • B20 - Sécurité
2018-12-05
2018-09-07

Heavy Goods Vehicles ("HGVs") of 12 tonnes (gross vehicle weight) and above

Direct Vision Standard ("DVS") Technical Protocol and HGV Safety Standard Permit Scheme ("HSSP") for London (UK)

Notification of proposals under Directive 2015/ 1535

1. The following matters are notified under the terms of Directive 2015/ 1535:

a. The proposed Direct Vision Standard (DVS) Technical Protocol (draft) at Appendix B.

b. The proposed “Safe System Conditions” set out in Appendix A: Direct Vision Standard: Guidance for Operators (draft).

c. The proposed policy statements set out at paragraphs 3, 4, 5 and 7 below.

d. The text of the proposed HGV Safety Standard Permit Scheme: Amended1985 Traffic Order set out in the 'notified draft' document.

2. The proposals for the Direct Vision Standard (DVS) Protocol and the Heavy Goods Vehicle (HGV) Safety Standard Permit (HSSP) Scheme involve the following proposals set out below. These proposals would apply to all HGVs irrespective of national-origin or registration of a weight of 12 tonnes (metric) gross vehicle weight (GVW) and above operating within the area of Greater London. The domestic legal implementation mechanism will be a traffic regulation order (TRO), which can impose mandatory legal requirements on vehicle movements and vehicle equipment, the contravention of which leads to the issue of a civil penalty.

Matters notified under Directive 2015/ 1535

3. The HSSP Scheme will operate a policy that sets a minimum star-rating HGVs measured under the DVS Protocol. HGVs rated the minimum DVS rating threshold will be granted a HSS Permit/ Permission, but it will be issued subject to conditions that will require the fitting, or retrofitting, of additional equipment and measures to the vehicle to improve its safety regarding vulnerable road users. These conditions are referred to as the “Safe System Conditions” and are set out in Appendix B: Direct Vision Standard: Guidance for Operators (draft). It is proposed that the Conditions set out in that document will apply from 26 October 2020 until such time as they are reviewed and varied (see paragraph (7) below). This minimum star rating policy and the Safe System Conditions are subject to notification under Directive 2015/ 1535.

4. From 26 October 2020 every 12t HGVs would be required by the relevant domestic implementation legislation – the1985 Order referred to below - to have applied for and been granted a HSS Permit/ Permission before it can lawfully operate in Greater London. The requirement to have obtained a Permit/ Permission will apply irrespective of the star-rating of a HGV under the DVS Protocol. There will be provision for a review and appeal to an independent tribunal if an application for a Permit/ Permission is refused.

5. Between 26 October 2020 and 26 October 2024 the HSSP Scheme will operate a policy that sets the minimum acceptable star rating for operating a HGV in Greater London at 1 Star (one). This policy is subject to notification under Directive 2015/ 1535.

6. All HGVs rated 1 Star and above will be granted a HSS Permit/ Permission to which no Safe System Conditions will be attached. 1 and 2 Star vehicles will be granted a permit valid until 26 October 2024. 3, 4 and 5 Star vehicles will be granted permits valid until 26 October 2030. They will be able to operate without fitting or retro-fitting additional equipment to the vehicle.

7. The HSSP Scheme will operate a policy that between the same dates requires those HGVs rated at 0 Star (zero) to be issued with a HSS Permit/ Permission that expires on 26 October 2024 that is granted subject to the Safe System Conditions. (This date expiry is inked to the further proposals described in paragraph 10 below.) Such Zero Star HGVs will be able to operate in Greater London but only if they fit or retrofit additional safety equipment to the vehicle. This policy is subject to notification under Directive 2015/ 1535.

8. From 26 October 2020 it would be a contravention of the relevant domestic legislation implementing the HSSP Scheme - the 1985 TRO mentioned below - to either:

(a) operate a 12t HGV anywhere in Greater London without a Permission/ Permit (irrespective of its star-rating under the DVS Protocol) and/ or

(b) with a zero star rated vehicle, to operate it in contravention of the Safe System Conditions that the Permit/ Permission was granted subject to.

9. Under that legislation a contravention of the above requirements of the HSSP Scheme would lead to the imposition of a civil penalty (by a penalty charge notice: PCN) on the:

(a) vehicle’s operator of £550 per vehicle or

(b) its driver of £130 (in both instances reduced by 50% if paid within 14 days).

10. There will be the facility for independent appeal against the issue of a PCN to an independent tribunal.