Who does it apply to?

These Regulations will be of particular interest to those businesses that operate with vehicles on the road, such as commercial fleet operators.

When did it change?

These Regulations came into force on 31 May 2021.

What does it mean?

This Statutory Instrument:

• Specifies, by way of a tariff, the amount of damages payable for pain suffering and loss of amenity (PSLA) for any road traffic accident (RTA) related whiplash injury or injuries that last up to 2 years, any whiplash injury or injuries, and any minor psychological injuries suffered on the same occasion as any whiplash injury. The tariff presents an ascending scale of fixed sum payments, with the appropriate tariff figure for any given case being determined by the duration of the whiplash injury incurred.
• Allows the court to apply a discretionary uplift (up to 20%) to the appropriate tariff figure in exceptional circumstances.
• Specifies what constitutes appropriate medical evidence for the purposes of settling a personal injury claim which includes a whiplash injury (and which, under section 6 of the Civil Liability Act 2018 (CLA 2018) must be obtained before the claim may be settled) as well as specifying those experts who may provide such evidence.

What’s changed?

Until now, where an agreement on the significant damages for PSLA for whiplash claims has not been reached, such damages have been determined by the courts.

Part 1 of the CLA 2018 changes this by providing in section 3 of the Act that the Lord Chancellor may, in regulations and by way of a tariff, fix the amount of compensation that a court may award for PSLA in respect of one or more whiplash injuries or of one or more whiplash injuries and any minor psychological injuries, such as low level travel anxiety, suffered on the same occasion as the whiplash injury. More serious whiplash injuries exceeding 2 years in duration are not subject to the tariff.

The reforms, which aim to simplify compensation for victims and clarify processes around claims, increase the small claims track limit, in so far as it applies to damages for PSLA in RTA related personal injury claims, from £1,000 to £5,000.

There is a new online service to support claimants subject to these reforms. The Official Injury Claim portal is being developed in conjunction with stakeholders which will enable both represented and unrepresented claimants to process and settle RTA related personal injury claims valued at no more than £5,000.

This Statutory Instrument introduces the tariff of predictable damages for all RTA related whiplash injuries (as defined under the CLA) of up to 2 years, suffered on the same occasion, and any whiplash injury or injuries and any minor psychological injuries suffered on the same occasion as any whiplash injury or injuries. The tariff specifies two figures, one for whiplash injuries only and one for whiplash injuries and any minor psychological injuries suffered on the same occasion. In both instances the value of the claim will be based on the duration of the whiplash injury, so claimants will still be able to identify the compensation owed by reference to the prognosis in the medical report.

In addition, these Regulations specify the medical evidence that must be seen by a regulated person before they may invite a payment in settlement of, or settle, offer to settle, or make or accept a payment in respect of, an RTA-related whiplash injury claim.

The Regulations provide that where a claimant lives in England and Wales, or chooses to be examined in England or Wales, evidence of the whiplash injury or injuries must be provided in a fixed cost medical report from an accredited medical expert selected via the MedCo Portal. If, however, a medical report has been obtained in respect of a another injury suffered on the same occasion as the whiplash injury, which is identified in the report as a more serious injury than the whiplash injury, that report may be used if it is from a doctor who is listed on the General Medical Council’s Specialist Register and it also reports on the whiplash injury.

The terms “fixed cost medical report”, “accredited medical expert” and “MedCo” are defined in the regulations.

The Department for Transport is seeking evidence about proposed operator licencing changes of including hire and reward vehicles, as well as ensuring temporary service workers rights.

Views are sought on changes to the operator licensing regime within the UK that need to be made following the conclusion of the EU trade agreements. The changes to the operator licensing regime are:

• An extension to include vehicles that weigh more than 2.5 tonnes used for hire and reward on international journeys.
• The posting of workers to ensure that an employee carrying out a service in an EU member state on a temporary basis has rights.

As part of the Trade and Cooperation Agreement (TCA), the UK has agreed to implement elements of the EU Mobility Package, with two main areas of change which are the subject of this call for evidence, becoming applicable in February 2022 (posting of workers and some HGV operator licensing changes) and May 2022 (operator licensing).

In May 2022, there will be changes to the UK operator licensing regime. The most significant change is an expansion in the goods operator licensing regime to include vehicles used for hire and reward that weigh more than 2.5 tonnes and up to 3.5 tonnes (including when used in combination with a trailer) which will apply from May 2022.

This change will bring vehicles such as vans used by couriers and delivery services (among others) internationally (including to the Republic of Ireland) into the scope of operator licensing for the first time.

These changes do not apply to light goods vehicles (LGVs), such as vans, which are only used domestically within the UK, and do not travel internationally. Vehicles that are incidentally used only, as part of someone’s work – for example, vans used by plumbers, electricians, or other tradespeople to transport themselves and their tools – are also out of scope.

This consultation also includes a short section on changes that will affect operators of heavy goods vehicles (HGVs), who engage in international operations from February 2022. The changes relate to slight changes in the requirements associated with effective and stable establishment, good repute and competence.

There will also be changes in February 2022 relating to the posting of drivers. Generally, the term ‘posted worker’ means a worker who, for a limited period, carries out their work in the territory of an EU state other than the state in which they normally work. The changes described in this document are related to procedures specific to goods vehicle drivers in the context of commercial road transport provided for in the TCA.

Views are sought from all those with an interest and experience in the goods vehicle sector. Contributions are welcome from all, regardless of whether the person, business or organisation responding is directly affected by these new measures.

The closing date for comments is 24 August 2021. The consultation document can be found by following the link below:

https://www.gov.uk/government/consultations/changes-to-the-uk-operator-licensing-regime-and-arrangements-for-the-temporary-posting-of-workers-in-the-uk-and-eu-request-for-evidence/changes-to-the-uk-operator-licensing-regime-and-arrangements-for-the-temporary-posting-of-workers-in-the-uk-and-eu-request-for-evidence