Transport Update - September 2019 | Addleshaw Goddard LLP

Welcome to our monthly Transport Update, bringing you links to the major developments relevant to the transport industry.

Air Quality

PM accelerates towards greener travel with new £300 million investment

The government will provide £125 million, which will be supported by industry co-investment of up to £175 million to support exciting new technologies including flying urban taxis, electric passenger planes and freight-carrying drones.

Department for Transport, Prime Minister's Office, 10 Downing Street, Department for Business, Energy & Industrial Strategy & UK Research and Innovation, 24 August 2019

Autonomous Vehicles

New system to ensure safety of self-driving vehicles ahead of their sale

The Government has announced a new safety regime, called CAV PASS, aimed at facilitating the safety of self-driving vehicles ahead of their mainstream sale and use.

Department for Transport, 4 September 2019

Aviation

Guidance on the introduction of noise-related operating restrictions at major airports

Department for Transport guidance for major airports in England and Wales clarifying the requirements of the Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018.

Department for Transport, 3 October 2019

UK Civil Aviation Authority announces decision to extend September ATOL renewals deadline

The UK Civil Aviation Authority (CAA) has announced its decision to extend the ATOLs of all ATOL holders that have applied to renew their ATOLs on 1 October 2019 (but who have not yet received their UK CAA decision) to 25 October 2019.

CAA, 26 September 2019

An Electric Revolution in the skies

The Transport Secretary Grant Shapps has laid out his vision for the UK’s aviation industry.

Department for Transport, 19 September 2019

Letter: Net zero and the approach to international aviation and shipping emissions

A letter has been sent from CCC Chairman, Lord Deben, to the Secretary of State for Transport, Rt Hon Grant Shapps MP, with regard to net-zero and the approach to international aviation and shipping emissions.

Committee on Climate Change, 24 September 2019

2018 CO2 emissions from commercial aviation

A working paper analysing the global, transparent, and geographically allocated carbon dioxide emissions inventory for commercial aviation for 2018. It found CO2 emissions from all commercial operations totalled 918 million metric tons.

International Council on Clean Transportation, 19 September 2019

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2019/501 and Regulation (EU) 2019/502 as regards their periods of application

On 19 December 2018, the European Commission adopted two proposals (2019/501 and 2019/502) for a number of contingency measures to ensure basic air and road connectivity between the European Union and the United Kingdom. Both regulations are limited in scope and are intended to apply for limited periods of time and in light of the new timeline of the United Kingdom's withdrawal, the proposed Regulation specifically extends the fixed date on which Regulations 2019/501 and 2019/502 would cease to be applicable, to 31 July 2020, and 24 October 2020, respectively.

European Commission, 4 September 2019

Commission Implementing Regulation (EU) 2019/1583 of 25 September 2019

This regulation amends Regulation 2015/1998 on the common basic standards on aviation security in accordance with the Annex to this Regulation in order to support Member States in ensuring full compliance with the most recent amendment to Annex 17 of the Convention on International Civil Aviation, which introduced new standards under chapters 3.1.4 related to national organisation and appropriate authority and 4.9.1 relating to preventive cybersecurity measures.

Official Journal of the European Union, 26 September 2019

Brexit

The Air Services (Competition) (Amendment and Revocation) (EU Exit) Regulations 2019 (SI 2019/1224)

These Regulations revoke the Air Services (Competition) (Amendment) (EU Exit) Regulations 2019 which made amendments to Regulation 868/2004, which has since been repealed. The Statutory Instrument also makes necessary changes needed to the version of Regulation (EU) 2019/712 that is retained in UK law by the European Union (Withdrawal) Act 2018, which provides for measures in response to anti-competitive practices made by non-European Union countries which cause, or threaten to cause, injury to Union air carriers.

In force: Exit day as defined in European Union (Withdrawal) Act 2018.
Explanatory Memorandum

International Driving Permits (Fees) (EU Exit) (Revocation) Regulations 2019 (SI 2019/1270)

The purpose of this instrument is to revoke the International Driving Permits (Fees) (EU Exit) Regulations 2019 which conferred upon the Secretary of State the power to charge for the issue of International Driving Permits (“IDPs”) in the format specified in Annex 7 to the 1968 Vienna Convention on Road Traffic to UK driving licence holders prior to the 1968 Convention coming into force for the UK. The revocation ensures that the power is contained in one instrument rather than two following the publication of the Motor Vehicles (International Circulation) (Amendment) (EU Exit) Order 2019.

In force: 16 October 2019
Explanatory Memorandum

Transporting goods between the UK and EU in a no-deal Brexit: guidance for hauliers

Guidance for hauliers and commercial drivers on how they should approach the transportation of goods between the UK and EU in the event of a no-deal Brexit.

Department for Transport, 9 September 2019

Protection for flights and road transport after Brexit reaffirmed

The government has confirmed details of measures that ensure flights and road haulage will continue to run smoothly after the UK leaves the EU on 31 October, whatever the circumstances.

Department for Transport, 5 September 2019

Air services from the EU to the UK if there is a no-deal Brexit

A revised statement of reciprocity for basic air connectivity regulations between the UK and EU if there is a no-deal Brexit.

Department for Transport & Civil Aviation Authority, 5 September 2019

Bus

The Public Service Vehicles (Registration of Local Services in Enhanced Partnership Areas) (England) Regulations 2019 (SI 2019/1265)

The Bus Services Act 2017 inserted new provisions into the Transport Act 2000 and the Transport Act 1985 that will enable certain local transport authorities (LTAs) to implement enhanced partnership (EP) plans and schemes with local bus operators. These Regulations set out how the delegation of local bus registration functions from the traffic commissioner to the LTA will work.

In force: 7 October 2019
Explanatory Memorandum

The Bus Services Act 2017: local bus service registration in Enhanced Partnership areas

Guidance for registering a local bus service in an Enhanced Partnership (EP) area and appealing registration authority decisions. This Guidance accompanies the above Regulations.

Department for Transport, 17 September 2019

Bus Services Act 2017: bus franchising creation

The Bus Services Act 2017: franchising scheme guidance contains information explaining how local authorities can establish franchising for bus services in accordance with the Act. It states the statutory and non-statutory along with the legal process of establishing bus franchising.

These are part of a collection of guidance notes on the Bus Services Act which can be found here.

Department for Transport, 17 September 2019

Electric Vehicles

Electric Scooters: Safety: Written question - 281727

The Department for Transport has responded to a written question asked by Dr Matthew Offord MP over the assessment of the effect on public safety of e-scooters used on the public highway. The Department for Transport has explained why no assessment has been made of the impact of such vehicles on public safety.

Department for Transport, 9 September 2019

HS2

HS2 Ltd Chairman’s Stocktake, August 2019

A redacted report from the HS2 Chairman, on the deliverability of HS2.

Department for Transport and High Speed Two (HS2) Limited, 3 September 2019

Transport Secretary acts on HS2 ancient woodland clearances during Oakervee review

Secretary of State for Transport Grant Shapps has ordered that removals of ancient woodlands for HS2 be stopped during the independent review into the project - unless they are shown to be absolutely necessary to avoid major cost and schedule impacts.

Department for Transport and High Speed Two (HS2) Limited, 16 September 2019

Rail Network

ORR's regulation of land disposals by Network Rail

The Office of Rail and Road (ORR) has set out their conclusions from its March 2019 consultation regarding proposed updated arrangements for regulating Network Rail's land disposals.

Office of Rail and Road, 27 September 2019

New measure for train performance to increase accountability and transparency

Transport Secretary Grant Shapps has welcomed a new measure of train performance to increase accountability and transparency for passengers. Published by the Office of Rail and Road the new "On Time" statistics will establish an industry standard for measuring performance in which train punctuality is measured to the minute not the traditional five or 10 minutes of the timetabled arrival.

Department for Transport, 19 September 2019