Monday, May 12, 2008

Resurfacing scheme to start in Hambleton, near Selby, North Yorkshire

A resurfacing scheme, which will improve safety along the A63 Main Road in Hambleton, near Selby, North Yorkshire, will start on Monday (21 April). The work will affect a 0.5-mile stretch of road between Bar Lane and Gateforth Lane.

The £150,000 project will involve resurfacing the carriageway and footpaths and is due to be completed by mid-May. From 21 April, traffic will be reduced to a single lane between 09.30am and 4pm from Monday to Friday and there may be some evening work between 7pm and 11pm. During these times temporary traffic signals will be in operation. Footpaths will remain open but there may be times when access is restricted.

There may also be occasions when traffic will be escorted through the works in convoy and during these times traffic will be reduced to 10mph.

Assignment of Benefits

(1) The assignment of a benefit under this Regulation, or the assignment of the right to pursue a mediation, arbitration, appeal or variation proceeding under sections 280 to 284 of the Act, is void. O. Reg. 281/03, s. 32 (1).

(2) Subsection (1) does not apply to,

(a) an assignment under section 267.8 of the Insurance Act;

(b) an assignment of a benefit to,

(i) the Ministry of Community, Family and Children’s Services,

(ii) a delivery agent under the Ontario Disability Support Program Act, 1997 or the Ontario Works Act, 1997, or

(iii) The Minister of Finance under subsection 6.1 (4) of the Motor Vehicle Accident Claims Act; or

(c) the assignment of a benefit to the Ministry of Health in respect of a service, benefit or entitlement provided under an Act the administration of which was transferred by order in council from the Ministry of Community and Social Services to the Ministry of Health. O. Reg. 403/96, s. 65 (2); O. Reg. 281/03, s. 32.

DESIGNATED ASSESSMENT CENTRES

Establishment of Designated Assessment Centers

The committee appointed under section 7 of the Insurance Act shall,

(a) Revoked: O. Reg. 546/05, s. 25.

(b) Specify the types of impairments that each designated assessment centre is authorized to assess; and

(c) Specify the types of assessments that each designated assessment centre is authorized to conduct. O. Reg. 403/96, s. 52; O. Reg. 546/05, s. 25.

The committee referred to in section 52 may suspend, revoke or modify a designation under section 52, subject to such terms and conditions as the committee specifies. O. Reg. 281/03, s. 25.

(1) When required by the committee referred to in section 52, every designated assessment centre shall provide the Superintendent with such information respecting the performance of its functions as the committee may require. O. Reg. 281/03, s. 25.

(2) Information required under subsection (1) shall be provided at such times and in such manner as the committee may determine and direct. O. Reg. 281/03, s. 25.

(3) The Superintendent shall review the information compiled under subsection (1) and may take such action in respect of the information as the Superintendent considers appropriate. O. Reg. 281/03, s. 25.

(4) If a designated assessment centre fails to comply with a request for information under subsection (1), the Superintendent may report the deficiency to the committee referred to in section 52. O. Reg. 281/03, s. 25.

Sunday, May 11, 2008

Road Tax evasion figures published

Figures out today on road tax evasion show that the Driver and Vehicle Licensing Agency (DVLA) collected an estimated 98.5% of all potential revenue from road tax in 2007.

This year the survey was based on the use of Automatic Number Plate Recognition (ANPR) cameras, providing a more accurate picture of Vehicle Excise Duty evasion.

Transport Minister Jim Fitzpatrick said:

"Using ANPR technology gives us a much clearer picture of the level of road tax evasion. I am pleased to see that this survey indicates a low level of evasion - the DVLA is working hard to tackle road tax evasion.

"However, there is no room for complacency and we will be increasing the pressure on those who fail to properly license their vehicles. There is no way out for road tax evaders."

Previously road tax evasion figures were mainly collected manually but the figures are now primarily compiled using Automatic Number Plate Recognition technology, giving a more precise reading of evasion levels.

The DVLA has put in place a package of measures which means that road tax is now easier to pay, but harder to avoid. This includes:

- making it more convenient for people to pay their road tax - millions of vehicle keepers are now enjoying the convenience of re-licensing their vehicles direct with DVLA, online or over the telephone.
- doubling the number of untaxed vehicles subject to wheel clamping and impounding, taking direct action to clamp 100,000 vehicles a year.
- putting in place a fleet of vehicles using state of the art ANPR equipment to detect and support enforcement action against users of unlicensed vehicles from a total of more than 10 million vehicle sightings per year.
- increasing the number of local authorities and police partners who use DVLA powers to operate their own local wheel clamping schemes, adding a further 36,000 unlicensed vehicles per year to the total seized.
- generating more than one million late-licensing penalties from DVLA records per year.
- trialling and awarding contracts to use debt collection agencies to pursue 40,000 people per month who have failed to pay the penalty for failing to tax their vehicles on time.

Friday, May 9, 2008

Overdue Payments

(1) An amount payable in respect of a benefit is overdue if the insurer fails to pay the benefit within the time required under this Part. O. Reg. 403/96, s. 46 (1).

(2) If payment of a benefit under this Regulation is overdue, the insurer shall pay interest on the overdue amount for each day the amount is overdue from the date the amount became overdue at the rate of 2 per cent per month compounded monthly. O. Reg. 403/96, s. 46 (2).

Application for Approval of an Assessment or Examination

(1) This section applies to an application prepared by a member of a health profession or social worker for approval of an assessment or examination of an insured person if the application is not submitted as part of a treatment plan under section 38. O. Reg. 546/05, s. 16 (1).

(2) The application shall include a statement by the member of a health profession or social worker who is to conduct the assessment or examination,

(a) disclosing any conflict of interest that he or she has relating to the assessment or examination to which the application relates;

(b) indicating that he or she has made reasonable inquiries to determine whether any person who referred the insured person to him or her has a conflict of interest relating to the assessment or examination and, if there is a conflict of interest, disclosing the conflict of interest that the person has; and

(c) stating that the assessment or examination is reasonably required in relation to a benefit. O. Reg. 281/03, s. 17; O. Reg. 546/05, s. 16 (2); O. Reg. 533/06, s. 9.

(3) A lawyer or other representative who acts for the insured person in respect of the application or with respect to any civil proceeding arising from the accident shall, at the time the application is submitted, give the insurer and the insured person written notice disclosing any conflict of interest that the lawyer or other representative has relating to the application. O. Reg. 281/03, s. 17.

(4) If a conflict of interest is disclosed under subsection (2) or (3), the insurer may refuse the application and, within two business days after receiving the application, give the insured person notice that the application is refused and that the insured person may submit a new application. O. Reg. 281/03, s. 17.

(5) Despite subsection (4), the insurer shall not refuse the application because of a conflict of interest if there is no other person within 50 kilometers of the insured person’s residence who is able to conduct the assessment or examination. O. Reg. 281/03, s. 17.

(6) If the insurer has not refused the application under subsection (4), the insurer shall give the insured person and the person who prepared the application a notice,

(a) within two business days after receiving the application if the application is received before March 1, 2006 and the amount to be charged is $180 or less;

(b) within five business days after receiving the application if the application is received before March 1, 2006 and the amount to be charged exceeds $180; or

(c) within three business days after receiving the application, if the application is received on or after March 1, 2006. O. Reg. 546/05, s. 16 (3).

(7) The notice under subsection (6) must,

(a) state which assessments or examinations in the application the insurer agrees to pay for;

(b) advise the insured person that the insurer requires the insured person to be examined under section 42, if the insurer has not agreed to pay for all assessments or examinations to which the application relates; and

(c) disclose any conflict of interest that the insurer has relating to any assessment or examination to which the application relates. O. Reg. 546/05, s. 16 (3).

(8) A notice required under subsection (6) may be given verbally if, as soon as practicable afterwards, written confirmation of the notice is given to every person who received verbal notice. O. Reg. 546/05, s. 16 (3).

(9) If the insurer does not refuse the application under subsection (4) but fails to give the notice as required under subsection (6), the insurer shall pay for all assessments and examinations to which the application relates. O. Reg. 281/03, s. 17.

(10) If, in a notice under subsection (6), the insurer discloses a conflict of interest relating to an assessment or examination, the insured person may withdraw the application and submit a new application within two business days after receiving the notice from the insurer. O. Reg. 281/03, s. 17.

(11) Despite subsection (10), the insured person shall not withdraw the application or submit a new application if there is no other person within 50 kilometres of the insured person’s residence who is able to conduct the assessment or examination. O. Reg. 281/03, s. 17.

(12) If the application is not withdrawn under subsection (10), the insurer shall pay for all assessments and examinations it agreed to pay for in the notice under subsection (6) and shall make each payment within 30 days after receiving an invoice for the cost of the assessment or examination. O. Reg. 281/03, s. 17.

(13) Within five business days after receiving the report of an examination under section 42, the insurer shall give a copy of the report and the insurer’s determination with respect to the application to the insured person and the person who prepared the application. O. Reg. 546/05, s. 16 (4).

(13.1) The determination of the insurer shall specify the assessments or examinations the insurer agrees to pay for, the assessments or examinations the insurer refuses to pay for and the reasons for the insurer’s decision. O. Reg. 546/05, s. 16 (4).

(13.2) If an insured person fails or refuses to comply with subsection 42 (10), the insurer may make a determination that the insured person is not entitled to the expenses to which the examination relates. O. Reg. 546/05, s. 16 (4).

(13.3) If an insured person subsequently complies with subsection 42 (10), the insurer shall reconsider the application and make a determination under this section. O. Reg. 546/05, s. 16 (4).

(13.4) If the insurer fails to provide a copy of the report of the examination under section 42 or its determination in respect of the application by the day determined in the following manner, the insurer shall pay for all assessments and examinations to which the application relates:

1. If the attendance of the insured person was not required for the examination under section 42, the day is the 10th business day after the day the material required under subsection 42 (10) was provided.

2. If the attendance of the insured person was required for the examination, the day is the 15th business day after the day the examination was completed or was required under paragraph 2 or 3 of subsection 42 (11) to be completed. O. Reg. 546/05, s. 16 (4).

(13.5) An insurer shall pay for all assessments and examinations that it has agreed to pay for or that it is required under this section to pay for within 30 days after receiving an invoice for the cost of the assessment or examination. O. Reg. 546/05, s. 16 (4).

(14) If, after giving a notice under subsection (6) in which the insurer agrees to pay for an assessment or examination, it comes to the insurer’s attention that a person described in subsection (2) or (3) has a conflict of interest relating to the assessment or examination, the insurer may give the insured person notice requiring the insured person, within five business days after receiving the notice, to amend the application so that no conflict of interest will arise. O. Reg. 281/03, s. 17.

(15) If the insured person does not amend the application as required under subsection (14), the insurer is not required to pay for the assessment or examination referred to in that subsection. O. Reg. 281/03, s. 17.

(16) Subsection (14) does not apply if there is no other person within 50 kilometres of the insured person’s residence who is able to conduct the assessment or examination to which the conflict of interest relates. O. Reg. 281/03, s. 17.

Thursday, May 8, 2008

£15m repairs for Kirklees Roads

A £15million scheme to repair nine bridges and 3.5km of retaining walls on the road network in Kirklees has today been approved by Transport Minister Rosie Winterton.

This essential maintenance work will improve the condition of important access roads in the Kirklees area and prevent the possibility of significant delays in local journey times in the future.

It will also enable existing weight restrictions and associated temporary traffic light working to be lifted once the works are complete and remove the threat of future bridge closures and diversion routes.

Rosie Winterton said:

"These £15m improvements will bring long-term benefits for those travelling on the road network in and around Kirklees. They will reduce congestion and make it much easier to travel, helping to bring significant long term benefits to the local economy and environment."

Notes for Editors

1. The scheme proposed involves the strengthening of nine bridges and 3.5 km of retaining walls. Several of the bridges involved already have weight restrictions imposed.

2. The structures to be improved are at key locations between the primary route network and industrial and regeneration areas. Specific bridges that will undergo maintenance works are: Calder River Bridge, Cooper Bridge, Headfield Road Bridge, Ravensthorpe Road Bridge, Cleggford Bridge, Union Bridge, King's Bridge, Saville Bridge and Soothill Lane Bridge.

3. The Cleggford Bridge will require planning permission and listed building consent from English Heritage. Rather than put on hold the important work for other bridges the funding is being approved now for the other eight bridges and all retaining walls in the scheme. Kirklees are able to apply for the funding for the Cleggford Bridge when they have received the necessary consents for the maintenance work they wish to undertake.