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Fleet Operations & Compliance

Legislation is growing van fleet compliance burden, Arval warns

Enhanced tachograph requirements, new MOT rules and drivers' hours changes are increasing legal and operational exposure.

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The introduction of new legislation is growing the compliance burden on van fleets, bringing compliance procedures closer to those for heavy goods vehicles (HGVs), according to Arval.

Arval warned that enhanced tachograph requirements, new MOT rules and drivers’ hours changes are increasing legal and operational exposure for van fleets.

It said that 4.25-tonne electric vans, while not covered by year one MOT test or tachograph rules, would still need to comply with recent changes to DVSA heavy vehicle testing procedures.

Changes included the addition of visual checks for advanced driver assistance systems (ADAS), the move to digital PG10 prohibition clearance notices and revised plating certificate processes.

Arval said that the increase in regulatory interest in vans was caused by road safety concerns, but could put pressure on van fleet compliance structures that were unable to support HGV-style compliance procedures.

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Eddie Parker, light commercial vehicle (LCV) consultant at Arval, said: “Businesses which have historically treated vans as lower-risk fleet assets could now face growing legal and operational exposure.

“For many, the issue is not simply compliance with individual rule changes. Rather it is whether their existing fleet governance, policies and procedures have kept pace with how regulators and enforcement authorities are increasingly viewing van operations.

“We’re seeing a broader trend towards increased data capture, standardisation and evidential scrutiny across all commercial vehicle operations.

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“Because of this, the distinction between ‘van fleet’ and a truck-style ‘regulated transport operation’ is becoming increasingly blurred.

“HGVs operate within compliance structures that include transport managers, maintenance controls, fatigue management, driver training records and formal incident procedures.

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“Vans often don’t, which can create an evidential problem if a serious incident occurs.”

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Arval warned that van fleets may have policies on fatigue, phone use or vehicle checks, but may struggle to provide evidence of enforcement, delivery of training or that managers intervened when issues were found.

Parker said: “Those issues become critical once police, enforcement authorities or the Health and Safety Executive begin investigations into not just the collision itself, but the wider corporate systems surrounding it.

“There is a risk that internal governance has not evolved at the same pace as the new regulatory expectations. In the most serious cases, directors and senior managers could face personal scrutiny and can be found legally liable.

“The regulatory direction of travel is becoming clear. Although van fleets are unlikely to face the same oversight as HGV operators in the immediate future, the gap between the two is narrowing.

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“At Arval, we are finding ourselves involved in more and more conversations about this shift and are advising many fleets on how to adapt to an evolving situation.”

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