Page 46 - Lawtext Utility Law Review Journal Sample

UK CURRENT SURVEY 16[2006/2007]4 ULR 193

from penalties in relation to that conduct. In addition, any company staff involved in the
price-fixing disclosed will qualify for immunity from prosecution. In addition to the
investigation into British Airways’ corporate conduct under civil competition law, the OFT
is conducting a criminal investigation into whether any individuals dishonestly fixed the
levels of the surcharges (an offence under the Enterprise Act).

RAILWAYS

Network Rail
www.networkrail.co.uk

Ban on smoking From 1 July 2007 smoking will be prohibited on all station concourses, in ticket halls, on
25 June 2007 platforms, footbridges and subways at station premises. It will also be banned in retail and
food outlets. The ruling will affect all 1,900 railway stations in England. However, smoking
will continue to be permitted on most station forecourts and in uncovered station car
parks.

ROAD
Competition Commission

www.competition-commission.org.uk

Sale of services It has been decided that Stagecoach and Scottish Citylink must sell their services on two
27/07 10 May 2007 Scottish routes (Glasgow–Aberdeen and Edinburgh–Inverness) to a competing operator.
The Commission conducted an inquiry into the joint venture between Stagecoach/megabus
and Scottish Citylink in 2006 and concluded that it would lead to higher fares and reduced
service levels for coach passengers on those routes. Prior to the joint venture Stagecoach
and Scottish Citylink had been the main competitors.

Department for Transport
www.dft.gov.uk

Quadricycles The government is seeking a review of the European regulations for quadricycles after
8 May 2007 initial tests of their safety performance and following their growth in popularity. A quadricycle
is a vehicle with four wheels whose unladen mass is 400kg or less (excluding batteries if it
is an electric vehicle) and whose maximum continuous rated power does not exceed
15kW.

Road hauliers Under new road safety measures, hauliers flouting the rules of the road face being fined
7 June 2007 and having their vehicles immobilised. The measures will ensure that hauliers based outside
Britain cannot escape punishment by giving the police and inspectors from the Vehicle
Operator and Services Agency (‘VOSA’) the power to collect on-the-spot penalties from
anyone without a valid address in Britain (that is, one at which a summons could be
served). VOSA inspectors will also be given the power to issue fixed penalty notices, which
provides a powerful new tool with which to tackle offenders. The on-the-spot fines would
be taken in the form of ‘deposits’ equivalent to the value of the fine likely to be imposed.
Offenders will then be given the chance to contest the charge in court. Currently the
police and the VOSA have the power (under the Road Safety Act 2006) to prohibit a driver
and vehicle that breaks the rules, that is to order the vehicle to remain stationary for a
fixed period of time. Under the new rules they will be able to immobilise any vehicle,
whether based in Britain or overseas, if they believe there is a risk that the driver will
continue with the journey before the prohibition has expired or if the driver refuses to pay
the deposit. The new scheme provides an equivalent to the on-the-spot fines levied by the
enforcement agencies in most other EU Member States. Offences still considered serious
enough to merit prosecution, such as falsification of records, will continue to be referred
to court.

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