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JSP 800 Sect 5
JSP 800 - Volume 5
Road Transport Policy
Part 1 - Directive
THE MANAGEMENT, CONTROL AND OPERATION OF ROAD TRANSPORT
IN THE MINISTRY OF DEFENCE
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
i
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
Foreword
The Secretary of State for Defence (SofS) through his Health, Safety & Environmental Protection (HS&EP) Policy Statement requires Top Level Budget Holders and Trading Fund Chief Executives to conduct defence activities with high standards of HS&EP. They are expected to achieve this by implementing robust, comprehensive Health, Safety & Environmental
Management Systems.
As Director of the Defence Safety Authority (DSA), I am responsible for providing MOD regulatory regimes for HS&EP in the Land domain where there are exemptions, derogations or dis-applications from legislation. The regulations set out in this JSP are mandatory and full compliance is required. It is the responsibility of commanders and line managers at all levels to ensure that personnel, including contractors, involved in the management, supervision and conduct of defence activities are fully aware of their responsibilities. The Defence Land Safety Regulator is empowered to enforce the regulations contained within this Directive.
JCS Baker
Director Defence Safety Authority
Defence Authority for Health Safety and Environmental Protection ii
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
Preface
How to use this JSP
1. Introduction. JSP 800 Volume 5 [Road Transport] is the Defence authority for the
Management, Control and Operation of all Defence road transport. This volume sets the policy, appropriate processes and best practice necessary for managers and users of all MOD provided vehicles and road transport assets to ensure safe use. It is intended to provide the necessary
policy direction and guidance applicable to all such use. In addition, it reflects the procedures or
process requirements of a number of MOD branches and departments which are subsequently contained in a single document for ease of reference.
2. Structure. Previously, JSP 800 comprised 8 volumes. Recent changes to the M&T policy
have resulted in the structure shown below. Each volume of the JSP gives full contact details for the provision of guidance and additional information or assistance on the interpretation of any given part.
JSP 800 Defence Movements & Transport Regulations
Volume 1 Governance and Safety Assurance replaced by M & T
Defence Safety Authority 02 Regulations
Volume 2 Passenger Travel Instructions
Volume 3 Movement of Materiel
Part 1 - Regulations and Defence Codes of Practice
Part 2 - Policy
Part 3 - Guidance
Volume 4A Replaced by Dangerous Goods Manual
Volume 4B Replaced by Dangerous Goods Manual
Volume 5 Road Transport Regulations
Volume 6 Policy for the Management & Use of ISO Containers in the MOD Volume 7 Load Safety Regulations & Tie Down Schemes
3. Parts. Volume of JSP 800 is structured in two parts:
a. Part 1 - Directive. Part 1 provides the direction that must be followed in accordance with statute, policy mandated by Defence or on Defence by Central Government. Part 1 contains the Defence regulations and provides details on the organisation, arrangements and responsibilities for safe vehicle use within the Land domain; b. Part 2 - Guidance. Part 2 contains the Defence Codes of Practice (CoPs), policy leaflets and general guidance which provide an acceptable means of compliance with the Defence regulations. If CoPs and policy leaflets are followed then this will be considered sufficient to demonstrate compliance with the Regulation. However, alternative approaches may be utilised by the TLB where this produces an outcome as good as required by these Regulation. Justification to do so may be required when alternative approaches are employed. iii
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
Adherence to a CoP or policy leaflet may be used as evidence during enforcement action. General guidance material is also included in Part 2 which although in itself are not compulsory but may be considered 'good practice' to further support the Defence regulations,
CoPs and policy leaflets.
PART 1: DIRECTIVE
Editorial Responsibilities, Points of Contact and Content Ownership
4. The editorialcontrol of this JSP 800 is the responsibility of:
Movements and Transportation Policy Team
Defence Logistics
Larch 3B (#2309)
MOD Abbey Wood (South)
Bristol BS34 8JH
5. Enquiries relating to the content of this volume of JSP 800 should be directed to the author:
SO2 Mov Tpt 2
Defence Logistics
Tel: Mil: 9679 80972 or Civ: 030679 80972
E-Mail: DefLog-Strat-Pol-MovTpt@mod.gov.uk.
6. Content Ownership. Unless explicitly stated in the individual leaflet the content of JSP 800
Vol 5 is owned by Defence Logistics. In order to keep information in one place other organisations will publish relevant leaflets in JSP 800 Vol 5.
7. Amendments. This JSP is a live document and amendments may be published at any time
in response to changes of legislation, MOD policy and/or information which identifies the requirement for review, which is carried out on a regular basis in line with Defence Logistics policies. Proposed amendments should be submitted through the document author.
8. Copyright. JSP 800, Vol 5 is protected by crown copyright and the intellectual property
rights of this publication belong exclusively to the MOD. Material or information contained in this publication may be reproduced, stored in a retrieval system or transmitted in any form, provided it is used for the purpose of the management, control, operation or use of MOD road transport, furthering safety and environmental assurance.
9. Status. Any hard copies or remotely stored electronic copies of JSP 800, Vol 3 are
uncontrolled. The master copy hosted on the Defence Logistics (Def Log) M&T website on the Defence Intranet will be updated whenever relevant changes to regulations or standards occur. iv
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
JSP 800 VOL 5: ROAD TRANSPORT
Contents
Para Contents Page
Forewordi
Preface ii
How to use this JSP
1 Introduction ii
2 Structure ii
Editorial Responsibilities and Points of Contact
3 Parts ii
4 Editorial Control ii
5 Enquiries iii
6 Content Ownership iii
7 Amendments iii
8 Copyright iii
9 Status iii
Contents iv
Introduction
10 General 1-1
11 Aim 1-1
12 Application 1-1
13 Definition of MOD Vehicles 1-1
14 Glossary of Terms (Text) 1-1
15 Superseded Regulations 1-1
16 Gender Terminology 1-1
Application of Legislation
17 Defence Policy 1-1
Exemption and Dispensation
18 Definitions 1-2
19 Categories 1-2
20 Legislative 1-2
21 Regulatory 1-2
22 Policy 1-2
23 Exemptions from Legislation 1-2
24 Exemption Risk Management 1-2
25 MOD Road Transport Exemption Register 1-3
26 Crown Exemptions 1-3
Regulatory Authority
27 Defence Authority 1-2
28 Authority for Issue 1-2
29 Review of Regulations 1-3
30 Author 1-3
v
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
31 Amendments 1-3
Roles and Responsibilities
32a Movements and Transport Safety Regulator (MTSR) 1-4
32b ACDS Log Ops 1-4
32c Top Level Budget (TLB) Holders 1-4
32d Units 1-5
Basic Principles of MOD Vehicle Use
33 Authority 1-5
34 Unit and Driver's Standing Orders 1-5
35 Carriage of Passengers 1-5
36 Licence Requirements 1-5
37 Drivers' Duty Hours 1-5
38 Reporting of Accidents 1-5
39 Vehicle Roadworthiness 1-5
40 Breakdown and Recovery Procedures 1-5
Authority to Use MOD Vehicles
41 Authority to Use MOD Vehicles 1-5
42 Private Use of MOD Vehicles 1-6
43 Control and Use of MOD Vehicles 1-6
44 Travel Reduction 1-6
45 Mode of Transport 1-6
46 Transport for Non-Eligible Individuals 1-6
MOD Road Transport Policy
47 Defence Policy 1-6
MOD Insurance Indemnity
48 Accident Indemnity and Legal Liability 1-6
49 Unauthorised Use of MOD Vehicles 1-6
Use of Privately Owned Vehicles on MOD Business
50 Use of Private Vehicles for MOD Business 1-7
TLB Control and Regulatory Review
51 TLB Control of MT Procedures 1-7
52 Regulatory Review Requirement 1-7
53 Transport Management Question Set 1-7
TLB Dispensations
54 Dispensations 1-7
Single Service Authority and Variations
55 Single Service Regulations 1-7
56 Additional Instructions and Regulations 1-7
Chain of Command Contacts
57 Chain of Command Advice 1-8
58 Chain of Command for Enquiries 1-8
Table 1 Chain of Command Contacts 1-9
vi
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
Unit Responsibilities
59 General Unit Responsibilities 1-10
60 Internal MOD Disciplinary Procedures 1-10
61 Unit Control & Operation of MOD Vehicles 1-10
Traffic Offences
62 Highway Code 1-10
63 Civil Jurisdiction 1-10
64 Compliance with Standing Orders for Driving on MOD Property 1-10
65 Disciplinary Action 1-11
Offences under the Road Traffic Acts
66 Nominating Defendant 1-11
67 Institution of Proceedings 1-11
68 Notification of Proceedings 1-11
69 Independent Action by Prosecuting Authority 1-11
70 Legal Representation 1-11
71 Payment of Fines 1-11
72 Military Discipline 1-11
73 Procedure in Scotland 1-11
74 Reporting of Civil Offences 1-12
75 Legal Anomalies 1-12
Electronic Access
76 Electronic Access 1-12
DataProtectionWhen Booking MOD White Fleet andHire Vehicles
77 Data Protection When Booking MOD White Fleet and Hire
Vehicles
AnnexesA: Glossary of Terms 1A-1
B: Contents of JSP 800 Vol 5 Part 2 1B-1
vii
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
INTENTIONALLY BLANK
1 - 1
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
JSP 800 VOL 5: ROAD TRANSPORT
THE MANAGEMENT, CONTROL AND OPERATION OF ROAD TRANSPORT IN THE
MINISTRY OF DEFENCE
PART 1: DIRECTIVE
INTRODUCTION
10. General.The procurement, control and use of MOD road transport, and its related
vehicles, are complex processes that cuts across intra-departmental and Service boundaries. Part 1 of JSP 800, Vol 5 sets the policy for the way the MOD must control, operate and use its road transport assets and is based on Defence Safety Authority regulation, UK and European legislation, various legal exemptions and, where practicable and appropriate, best practice.
11. Aim.The aim of JSP 800, Vol 5 is to set MOD policy and procedures for the control,
operation and use of all MOD provided vehicles and for the management of its road transport assets.
12. Application.JSP 800, Vol 5 applies to any person who controls, operates or uses MOD
vehicles, both in the UK and overseas. Personnel are expected to interpret these regulations reasonably and intelligently with due regard to the interests of Defence.
13. Definition of MOD Vehicles.An MOD vehicle is any vehicle owned or controlled by the
MOD. This includes all vehicles that are leased, loaned, sponsored, hired without a driver or provided by a Host Nation.
14. Glossary of Terms. A Glossary of Terms used in these Regulations is contained at
Annex A to this Part of JSP 800 Vol 5. The definitions are primarily in the context of the control and operation of MOD road transport. Terms contained in the United Kingdom Glossary of Joint and Multinational Terms and Definitions (JDP0-01.11) are not included unless it is necessary to qualify them.
15. Superseded Regulations.This edition of JSP 800, Vol 5 supersedes JSP 800, Vol 5
Version 5 and all previous editions and related amendments.
16. Gender Terminology.In general terms, this JSP uses non-gender specific terminology.
Where, however, references are gender specific, e.g. chairman, servicemen, they are deemed as being non-specific.
APPLICATION OF LEGISLATION
17. Defence Policy. There are many references in this JSP to EU, UK, other national and
international regulations. The Defence policy contained in this JSP will be updated as necessary to reflect changes in legislation that impact upon MOD road transport use.
1 JDP 0-01.1, United Kingdom Supplement to the NATO Terminology Database (8th Edition)
1 - 2
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
EXEMPTIONS AND DISPENSATION
18. Definitions. For this leaflet the following definitions are used:
a. Exemption: Permanent permission to operate outside of policy, regulation or law. b. Dispensation: Temporary permission to operate outside of policy, regulation or law for a set activity, bounded by the extent of the activity or by time.
19. Categories. Dispensations or exemptions will most likely fall into one of the following 3
categories: a. Legislative. Permission to act outside of the UK law. b. Regulatory. Permission to act outside of Defence Safety Authority (DSA) Safety and Environmental Protection regulations. c. Policy. Permission to act outside of Defence Logistics policy.
20. Legislative. Dispensation or exemption to act outside the UK law cannot be granted from
within Defence. Where a case for a legislative exemption is considered necessary it shall first be raised through the Ch of Cmd legal process to MTSR for comment.
21. Regulatory. The DSA set Defence safety regulations and environmental protection that
bound subsequent policy. Should there be a perceived requirement to operate outside of Defence regulations advice and direction shall need to be sought from Movements and
Transport Safety Regulator (MTSR).
22. Policy. A requirement for dispensation or exemption from policy will ordinarily centre
around entitlement and have no additional safety implications. It is important to note that entitlement is often based on Corporate Government policy, rules and guidance; therefore, the relevant Civ Sec department (at unit or TLB level) must be consulted before progressing any case. a. Dispensation. For dispensation to operate outside of policy the Duty Holder construct is to be used and the Delivery Duty Holder (DDH) may permit such dispensation (assuming the requirements of Corporate Governance are satisfied). b. Exemption. Should there be a perceived requirement for an exemption to policy then the relevant chain of command / TLB point of contact is to be consulted in the first instance. All exemption requests are to be raised using the Exemption Request Form accessible from the Movements and Transport Policy home page.
23. Exemptions from Legislation. Compliance with the requirements of the regulations and
policies set in this JSP are mandated by the Secretary of State for Defence (SofS). It is accepted that it is impossible to mitigate all hazards encountered during the conduct of military operations and Duty Holder (DH) judgements will have to be made in the scenarios examined (related to the military role and capability requirement) and the application of the as low as reasonably practicable (ALARP) principle. Where a compliance assessment, or a specific operational requirement exists, and there is insufficient time for TLB to fully comply with MOD regulations, the appropriate DH may authorise an exemption to MOD specific requirements provided it can be demonstrated that the reduction of standards is managed by the appropriate suitably qualified and experienced person (SQEP). 1 - 3
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
24. Exemption Risk Management. Any case for an exemption to an MOD specific regulation
must be fully supported by a comprehensive risk management/safety case, which must detail the duration of the exemption authorised. In preparing and assessing the exemption case, the DH must engage with all appropriate Subject Matter Experts (SME) including Project Teams (PT), Lead User (where appropriate) and TLB Functional SME. Additionally, guidance must be sought from Movement and Transport Safety Regulator (MTSR). A copy of all appropriately signed exemption cases, either approved or declined, must be forwarded to MTSR who will maintain a register of applications and resulting decisions.
25. MOD Road Transport Exemption Register.Where the MOD has exemptions from
legislation these must be recorded. Where an exemption from national or international legislation exists the MOD must demonstrate an equivalent compliance through its own policies and procedures. A register of road transport legislation exemptions, applicable to the MOD, is to be held and managed by MTSR.
26. Crown Exemptions. Crown exemptions exist for certain aspects of MOD road transport
or vehicle use. However, the MOD must follow the spirit and intent of the law or regulation from which it is exempt. This JSP follows the SofS intent that policy and procedures will be, as so far as reasonably practicable, at least as good as those required by legislation. To ensure compliance with the intent at user level appropriate measures commensurate to the control, management and operation of MOD road transport are included at Part 2 (Guidance) to Vol 5 of JSP 800. In the case of MOD road transport legislation and vehicle use exemption requests must be submitted through MTSR.
REGULATORY AUTHORITY
27. Defence Authority.These Regulations are the MOD authority for the management,
control and use of all MOD vehicles. This includes whether they are owned, leased, hired without a driver or loaned (this includes cars, LGVs, PCVs, armoured vehicles, tracked equipment, MHE, plant equipment, etc) for use on public roads, MOD property or training areas, as well as on operations, and vehicles provided by a Host Nation.
28. Authority for Issue.The Defence Codes of Practice (CoP) contained in this JSP are
issued under the authority of the Defence Movements and Transport Safety Regulator on behalf of the Defence Safety Authority (DSA). The Policy and Guidance Leaflets are issued and maintained by Defence Logistics as the logistic policy process owner.
29. Review of Regulations. JSP 800 Vol 5 is subject to constant review to provide up-to-
date MOD regulation and policy direction on the use of its Road Transport. The responsibility for review rests with the process owner.
30. Author. There is no single author of JSP 800 Vol 5, as the policy within may reflect that
set by a number of other MOD branches or departments and/or statutory regulation. It is therefore editorially maintained by the SO2 Defence Road Transport Policy (SO2 Def Rd Tpt
Pol) Defence Logistics.
31. Amendments.Amendments to this JSP are issued as required, with advance notice of
major changes promulgated through the TLB Chain of Command (Ch of Cmd) process or through the release of a DIN. Any proposals of amendments, inclusions or deletions to these Regulations should be passed via the Ch of Cmd to the editor for consideration.
ROLES AND RESPONSIBILITIES
1 - 4
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
32. The following organisations have responsibilities for the safe conduct of movement and
transport activities and for promoting compliance with legislation and regulations as outlined throughout this JSP: a. Movement and Transport Safety Regulator (MTSR). MTSR is responsible for: (1) Interpretation of legislation and engagement with external regulators to seek exemption where appropriate. (2) The development of Defence movement and transport (M&T) regulations and codes of practice. (3) The conduct of audit, inspection in order to determine compliance and enforcement where appropriate. b. Defence Logistics. Defence Logistics must: (1) Review changes to EU and UK legislation and other Defence policies which would affect the operation, management or use of Defence road transport and subsequently develop appropriate amendments to reflect such changes. (2) Provide policy direction, advice and guidance on the use of MOD road transport assets. (3) Routinely examine Parts 1 and 2 of JSP 800 Vol 5, and associated publications and forms, necessary to deliver up to date and effective policy direction on all aspects of MOD road transport use. (4) Provide a working forum at desk level [SO2] to: (a) Control, develop and amend JSP 800 Vol 5 to ensure it remains fit for purpose. (b) Consider proposals submitted by stakeholders, and actively manage all associated work-streams until conclusion. (5) Keep the defence community informed of the policy regarding the control, management and use of its road transport assets. (6) Submit all policy amendments for ratification to DLSR prior to informing the user community of any necessary change. c. Top Level Budget (TLB) Holders. TLB must ensure: (1) Compliance with legislative and MOD regulatory requirements. (2) The development, provision and use of accurate data. (3) The provision of coherent, timely and expert transport plans and direction in support of departmental intent for transport use. (4) The management of priorities. 1 - 5
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
(5) Safety and Environmental considerations when moving materiel by all modes of transport. (6) The training and employment of SQEP. (7) The employment of defence standards. (8) The management of contract support in order to ensure compliance with regulations and contract conditions. (9) Implementation and management of a robust reporting, recording and accident investigation process. (10) The management of PT and procurement authorities in order to ensure compliance with legislation and regulations. d. Units.Every unit requiring the use of MOD road transport must: (1) Ensure its management, control and use are in accordance with this JSP. (2) Provide a robust and auditable process to demonstrate compliance.
BASIC PRINCIPLES OF MOD VEHICLE USE
33. Authority. All use must be authorised in accordance with this JSP.
34. Carriage of Passengers. Only authorised passengers may be carried.
35. Unit and Driver's Standing Orders. Every unit or establishment using MOD vehicles, or
vehicles provided by MOD funding (i.e. hired vehicles), must have a set of Unit Standing Orders covering vehicle management control and use, and a set of Driver's Standing Orders setting out the responsibilities of their drivers. This is to be complimented by use of the F/MT 103 Drivers Certificate of Acknowledgement and an annual licence verification check.
36. Licence Requirements. The driver of a vehicle must hold the correct licence entitlement
to drive the vehicle, which must be in accordance with EU licensing requirements for the vehicle or be based on the Maximum Authorised Mass (MAM) or passenger carrying capacity of the vehicle where doubt exists.
37. Drivers Duty Time. Drivers must be made aware of their permitted duty and driving
times, and requirements for rest and break periods which must be observed.
38. Reporting of Accidents. Drivers must be aware of their responsibilities to report all
vehicle related accidents to the appropriate authority within 24 hours.
39. Vehicle Roadworthiness. The driver of the vehicle must ensure that the vehicle is fit for
use and any fault identified during use is reported as soon as practicable.
40. Breakdown and Recovery Procedures. That all drivers are aware of the correct
procedures to follow in the event of a breakdown or when recovery of a vehicle is required. 1 - 6
JSP 800 Vol 5 Pt 1 (V6.0 - Aug 18)
AUTHORITY TO USE MOD VEHICLES
41. Authority to Use MOD Vehicles.Except in the case of a lifesaving emergency, MOD
vehicles must not be used unless an authority to use exists and prior permission has been given in accordance with the policy and procedures set out in this JSP. A clear justification for the use of MOD vehicles must therefore exist and every journey undertaken must be authorised and be recorded in accordance with the various policy documents contained in this JSP.quotesdbs_dbs14.pdfusesText_20
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