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