The BVRLA publishes regular updates containing the latest advice to support members as new information and guidance emerges in relation to Covid-19. Members are advised to regularly check the Covid-19 Bulletins below.
Keeping updated
In addition to information published on this web page, members are emailed a dedicated Covid-19 Bulletin highlighting the latest information to keep members informed and support compliance. All Bulletins are published below and any individual working for a member organisation can sign up to receive BVRLA updates.
Latest Covid-19 Bulletin
Read previous Covid-19 Bulletins here
29 July 2021
Members views: Covid-19 Isolation exemptions for rental
The Government recently announced that it is expanding eligibility for daily contact testing to a wider range of emergency service and critical workers who would otherwise need to self-isolate.
This process is scheduled to run until 16 August 2021, when fully vaccinated close contacts will be exempt from self-isolation.
To date, vehicle rental companies have not been included within the scope of those eligible for exemption and it would require a firm to make a very strong case if they would like the BVRLA to lobby for their inclusion.
The BVRLA would need you to be able to demonstrate that:
- You currently have lots of key staff isolating, and
- means you are unable to keep key transportation services running, such as ambulances, police, food supply and health services.
If a member is included in the program they will need to ensure all staff can go to the testing location every day. The onus would be on the member to ensure staff are testing correctly, they are reporting it, that they are complying with all relevant guidelines and that they have the space to do the tests in a compliant way. As such there will be costs and logistical challenges to consider for members even though the tests are free.
If members feel this is something they would be able to make a compelling case for please contact [email protected] with:
- The site/sites in question
- The numbers of staff and current numbers isolating
- How the services offered are critical to the stability and functioning of the UK and individual exemptions would not work – please be detailed
- How services are currently being hindered by staff isolating
- Clear acknowledgement that you would have space and administrative capacity to daily test all relevant staff without exception.
New international travel rules vary depending on transport mode
Guidance on red, amber and green list rules for entering England has been updated to reflect that from 2 August, people who have been fully vaccinated in many European countries or the USA will not need to quarantine on arrival or take a day 8 test.
The requirement to book and take a day 2 test will remain. The announcement from government also confirmed international cruise restart as part of a move to reopen international travel.
Guidance has also been updated on what to do before and after you arrive in England if you’ve been in an amber list country in the 10 days before you arrive.
Tourism Alliance has sought clarity from government on rules for those travelling via France by land.
Those travelling via France in a private car or coach from amber countries such as Belgium and Germany will, however, be required to quarantine on arrival in England, regardless of vaccination status.
In contrast, those travelling by train may be able to avoid quarantining on arrival in England if their operator, such as Eurostar, has met the conditions set out. Namely that they do not disembark or pick up new passengers at any point in higher risk countries, unless they are segregated.
Fifth Self-Employment Income Support Scheme grant is now available
The Self-Employment Income Support Scheme Guidance has been updated outlining the eligibility criteria for the fifth grant. The online service went live on 28 July.
The fifth grant is different from previous grants, so those interested are encouraged to find out more using one or both of the following resources:
- You can watch a 33-minute video
- You can register to attend one of the 60-minute webinars scheduled to take place between 30 July and 5 August.
The fifth grant is relevant to those who are self-employed and will have business profits impacted by coronavirus between 1 May 2021 and 30 September 2021.
The Government has also published some useful Covid-19 information services to keep individuals and businesses updated:
- Coronavirus Information Service on WhatsApp. Add 07860 064422 in your phone contacts and message the word ‘hi’ in WhatsApp to get started.
- Coronavirus Business Support and Coronavirus (COVID-19): UK government response.
- Devolved administrations have also published information in Scotland, Wales and Northern Ireland.
- Covid-19 email alert service
Keeping informed
The BVRLA Guide to Operating during the Covid-19 Pandemic and Guidance for vehicle collection, delivery, distribution, storage and technical services provides useful advice tailored for the vehicle rental and leasing sectors.
Government guidance on how to work safely during the coronavirus pandemic should be followed and Social distancing guidance adhered to when unable to work from home.
COVID-19 Isolation Exemptions
In the small number of situations where the self-isolation of close contacts would result in serious disruption to critical services, a limited number of named workers may be able to leave self-isolation under specific controls for the purpose of undertaking critical work only.
This process is only intended to run until 16 August 2021, when fully vaccinated close contacts will be exempt from self-isolation.
This policy only applies if the employer has received a letter from a government department on which the named employee is listed.
This policy applies to named workers in specifically approved workplaces who are fully vaccinated (defined as someone who is 14 days post-final dose) and who have been identified as close contacts. It does not apply to someone who is displaying COVID-19 symptoms. Permission to attend work is contingent on following certain controls, agreed by the Department of Health and Social Care, to mitigate the risk of increased infection. This is not a blanket exemption for all workers in a sector.
The test that is applied when identifying if an individual could attend work is whether they work in critical elements of national infrastructure and whether their absence would be likely to lead to the loss or compromise of this infrastructure resulting in one or both of the following:
- major detrimental impact on the availability, integrity or delivery of essential services – including those services whose integrity, if compromised, could result in significant loss of life or casualties
- significant impact on national security, national defence, or the functioning of the state
If as a rental company you feel the service you provide is being severely impacted by staff self isolating and the provision of that services fits into one or both of the above then you may wish to consider making a case for isolation exemption. However, it should be emphasised that these services do have to be critical, so for example hiring cars to mid-wives or the Police etc. This is not as broad as the previous essential worker status when we have been in lockdowns.
If you are going to make a case the following need to be sent to the relevant government department:
- the number of people who it is proposed would leave self-isolation
- the roles those individuals need to perform
- the impact failure to do this would have and when this impact is likely to materialise (for example, is it already an issue or likely to materialise in the coming days)
The full guidance, including which government department to write to is available on GOV.UK https://www.gov.uk/guidance/nhs-test-and-trace-workplace-guidance#critical-services.
Alongside this further targeted daily contact testing is being rolled out in England to frontline emergency services and some transport workers, following the government’s close engagement with these sectors in order to avoid any potential disruption to crucial services.
To ensure the transportation of critical goods and supplies and the smooth running of England’s transport network, testing sites will be set up to support the most critical parts of the transport and freight systems. These include rail infrastructure, ports and airports, and haulage firms. This programme is being rolled out only in very limited and critical circumstances.
Daily testing will enable eligible workers who have received alerts from the NHS Covid 19 app or have been called by NHS Test and Trace and told they are a contact and to isolate will be able to continue working if they test negative.
Rental companies have not been included in this programme to date and it would require a firm to make a very strong case if they would like the BVRLA to lobby for their inclusion.
The BVRLA would need you to be able to demonstrate that:
- You currently have lots of key staff isolating
and
- means you are unable to keep key transportation services running, such as ambulances, police, food supply and health services.
If a member is included in the program they will need to ensure all staff can go to the testing location every day. The onus would be on the member to ensure staff are testing correctly, they are reporting it, that they are complying with all relevant guidelines and that they have the space to do the tests in a compliant way. As such there will be costs and logistical challenges to consider for members even though the tests are free.
If members feel this is something they would be able to make a compelling case for please contact [email protected] with:
- The site/sites in question
- The numbers of staff and current numbers isolating
- How the services offered are critical to the stability and functioning of the UK and individual exemptions would not work – please be detailed
- How services are currently being hindered by staff isolating
- Clear acknowledgement that you would have space and administrative capacity to daily test all relevant staff without exception.
Restrictions on movement
What you can and cannot do
The Government has published a set of frequently asked questions, helping people to understand what they can and cannot do during the coronavirus outbreak, this is best source of the current rules.
Social distancing guidance
Guidance on social distancing has been published. The guidance includes information such as staying at home, visiting public places, businesses and venues and going to work.
The guidance applies in England only. Those in Scotland, Wales and Northern Ireland should follow the specific rules in those parts of the UK.
COVID-19 safety guidelines for the workplace
On 11 May, the government published guidance to help employers, employees and the self-employed to understand how to work safely during the coronavirus pandemic.
The guidance applies in England only. Those in Scotland, Wales and Northern Ireland should follow local rules.
The guidance sets out practical steps for businesses focused on five key points, which should be implemented as soon as it is practical:
1. Work from home, if you can
2. Carry out a COVID-19 risk assessment, in consultation with workers or trade unions
3. Maintain two metres social distancing, wherever possible
4. Where people cannot be two metres apart, manage transmission risk
5. Reinforce cleaning processes
The eight workplace settings with published ‘Covid-19 secure guidelines’ are as follows:
Vehicles, Shops and branches, Offices and contact centres, Construction and other outdoor work, Factories, plants and warehouses, Homes, Labs and research facilities and Restaurants offering takeaway or delivery
Guidance on delivering and collecting vehicles
In addition, the Finance and Leasing Association and BVRLA have produced practical guidance to support the sector in delivering and collecting vehicles
Financial business support
Full details regarding the support for businesses is available on the Government website.
Online tool to help businesses see what support is available
The Government has launched a Business Support Finder to help employers easily identify what support is available to them and their business.
The finder tool on GOV.UK will ask business owners to fill out a simple online questionnaire, which can take minutes to complete.
Additional Restrictions Grant
The Additional Restrictions Grant (ARG) provides local councils with grant funding to support businesses that are severely impacted by restrictions, and that may or may not be in the business rates system. Local councils can determine which businesses to support and determine the amount of funding provided from the ARG scheme.
Local councils have the freedom to determine the eligibility criteria for these grants. However, we expect the funding to help businesses that are severely impacted by the restrictions.
This could include:
- businesses which do not pay business rates
- businesses that have not received wider grant support
- businesses from all sectors that are severely impacted by restrictions
Whilst vehicle rental is not included in the guidance as an example of a business that could be supported through this scheme, it is still worth applying if your business has been impacted by the COVID-19 pandemic. If you do apply your council will want to know:
- How do your trading figures/usage compare now to pre-Covid
- Can you make an explicit connection between that change and Covid
- Is there a direct connection to national restrictions ie no-one can travel so no-one is hiring cars
It's also worth being aware of the context the person at the other end is operating in:
- Council finance teams are not normally very large, but they’ve had to distribute billions of extra money at short notice, while subject to the same working from home restrictions/sickness levels as everyone else
- They are also in the middle of end of year budgets – councils are the only public body legally obliged to set a balanced budget each year
- They’ve also just had to issue council tax notices for the year and deal with any queries coming back from them
- They’re not experts in types of businesses or business sectors so it may not be immediately obvious to them why you’re eligible and should get the grant, so always spell it out in detail.
And don’t forget there is a right of appeal.
Statutory Sick Pay Rebate Scheme
The Government has confirmed that employers can now make claims through the Coronavirus Statutory Sick Pay Rebate Scheme.
You can check service availability and issues online.
This scheme allows small and medium-sized employers, with fewer than 250 employees, to apply to HMRC to recover the costs of paying coronavirus-related SSP. HMRC has new online guidance which includes information about who can use the scheme and the records employers must keep.
Coronavirus Job Retention Scheme
Chancellor Rishi Sunak has extended the lifeline for millions of UK workers, announcing that the Coronavirus Job Retention Scheme (CJRS) is being extended to the end of September 2021.
The HMRC has published a 25-minute video on their YouTube channel talking about the Job Retention Scheme.
Open to all UK employers, the scheme allows firms to furlough employees with the government paying cash grants of 80% of their wages up to a maximum of £2,500. It was originally open for three months and backdated from the 1 March to the end of May.
Members are advised to keep a note or print-out of their claim reference number as they won’t receive a confirmation SMS or email.
The Government has also published a step by step guide for employers, as well as a calculator to help you work out your claim. You should retain all records and calculations in respect of your claims.
You can find more information on the scheme and eligibility to claim on the Government website.
Self-employment Income Support Scheme
Self-employed individuals or members of partnerships whose business has been adversely affected by coronavirus are able to apply for the Government’s Self-Employment Income Support Scheme.
The grant is worth 80% of their average monthly trading profits, up to a maximum of £7,500, and will be paid in a single instalment.
There is also further guidance available on ‘How HMRC works out trading profits and non-trading income for the Self-Employment Income Support Scheme’ and ‘How different circumstances affect the Self-Employment Income Support Scheme’.
Other useful links and numbers
- Financial support is available from the British Business Bank.
- The Bank of England have also announced a comprehensive package of measures to help UK businesses and households bridge across the economic disruption that is likely to be associated with Covid-19. Interest rates have been reduced from 0.75% to 0.25% and additional funding will be available for banks to increase lending, especially to SMEs.
- A number of private lenders are also making funds available to small businesses impacted by Covid-19, including £2 billion from Lloyds Banking Group and £5 billion from NatWest
- HMRC has launched a dedicated tax helpline to help businesses concerned about paying their tax due to coronavirus (COVID-19). Find all the information here. The number is 0800 0159 559.
Companies House has produced guidance for companies who have been affected by Covid-19) and need more time to file their financial accounts. Find all the information here.
Operational advice
The BVRLA Guide to Operating during the Covid-19
The association has published a 20-page guide tailored specifically for those operating in the vehicle rental and leasing sectors.
Collection and Delivery of Vehicles
Vehicles can still be collected and delivered to customers, however, social distancing measures must be observed. More advice on this is available in the BVRLA Guide above or Guidance for vehicle collection, delivery, distribution, storage and technical services. This 9-page document was written by the Finance and Leasing Association with contributions from the BVRLA, National Association of Motor Auctions and the Vehicle Remarketing Association.
DVSA - vehicle testing
The guidance from government is that MOT tests can still go ahead as can testing of HGVs. However, availability of testers for HGVs could be impacted by individuals shielding or self-isolating.
Servicing Vehicles
Vehicles can still be serviced and garages should be open for this purpose.
Freight industry exempt from international travel restrictions
Freight industry guidance on international travel during the Covid-19 pandemic states that international and domestic freight transport, including by air, ship, road and rail, is classified by UK government as an essential activity in the context of its travel advice.
The advice against non-essential travel is not intended to apply to international and domestic freight transport.
Guidance for transport operators
The government has published guidance to help organisations, agencies and self-employed transport providers understand how to provide safer workplaces and services for themselves, their workers and passengers across all modes of private and public transport.
CMA expectations around customer refunds
Government guidance published by the Competition & Markets Authority states that consumer protection law will generally allow consumers to obtain a refund.
For most consumer contracts the CMA would expect a consumer to be offered a full refund where:
- a business has cancelled a contract without providing any of the promised goods or services;
- no service is provided by a business, for example because this is prevented by Government public health measures;
- a consumer cancels, or is prevented from receiving any services, because Government public health measures mean they are not allowed to use the services.
Company car guidance during Covid
HMRC has published new guidance on the treatment of Benefit-in-Kind and company cars during the Covid crisis.
Where restrictions on movement apply because of coronavirus and prevent the car from being handed back or collected, HMRC will accept that a company car is unavailable in the following circumstances:
- where the contract has terminated - from the date that the car keys (including tabs or fobs) are returned to the employer or to a third party as instructed by the employer
- where the contract has not been terminated – after 30 consecutive days from the date that the car keys (including tabs or fobs) are returned to the employer or to a third party as instructed by the employer
It also recognises that following relaxation of coronavirus restrictions it may take some time to return cars where contracts have been terminated. If your employee continues to have no access to the keys until the car is collected from them, HMRC will still regard the car as being unavailable.
Company car/fuel tax
There is no reduction in company car tax payable if somebody is not able to use their car for any length of time, the only time there is a reduction is if the car is unavailable to the employee.
By unavailable this means that the keys must be returned to the employer to ensure there can be no use of the car.
For private fuel this does require a re-write of the company policy to show that private fuel is no longer available.
Further information is available in HMRC Guidance.
Travel advice
Members are advised to check the latest travel advice from the Foreign and Commonwealth Office before allowing a vehicle to go abroad.
The Government has published guidance for British people travelling and living overseas during the coronavirus (COVID-19) pandemic: Travel advice: coronavirus (COVID-19)
Advice for businesses and employers
The Government has published Covid:19 Guidance for employees, employers and businesses
Business Support Helpline for all regions of the UK
Businesses can access free, impartial business support and signposting services, including business advice on Covid-19 by calling a dedicated helpline:
The Business Support Helpline number for businesses in England has changed to 0800 998 1098. For businesses in Scotland the helpline number is 0300 303 0660, in Wales it is 0330 060 300 and in Northern Ireland it is 0800 181 4422.
Coronavirus Business Support Blog
Read about how other businesses have used government support schemes and working safely guidance in the Government’s Coronavirus Business Support Blog.
Government to guarantee Trade Credit insurance
The Government has announced that it will temporarily guarantee business-to-business transactions currently supported by Trade Credit Insurance, ensuring that the majority of insurance coverage will be maintained across the market.
Business rates revaluation postponed
A revaluation of business rates will no longer take place in 2021 to help reduce uncertainty for firms. This comes after the business rates retail discount was increased to 100% from 50% for 2020 to 2021 to help businesses affected by the impacts of coronavirus.
The government is continuing work on the fundamental review of business rates, with the key aims of reducing the overall burden on businesses, improving the current business rates system, and considering more fundamental changes in the medium-to-long term.
Using or working in transport
The Government has published transport and travel guidance specifically for people using transport or working in the transport sector during the Coronavirus outbreak.
Tax advice from government
HMRC has launched a dedicated tax helpline to help businesses concerned about paying their tax due to coronavirus. Find all the information here. The helpline number has changed to 08000 241222. Opening hours are from 8am to 4pm Monday to Friday. Calls to the old helpline number will be redirected automatically.
Health & Safety
- Guidance on advice to provide to staff including: how to help prevent spread of COVID-19; what to do if someone suspected or confirmed to have COVID-19 has been in a workplace setting; advice to give to individuals who have travelled to specific areas; and advice for the certification of absence from work resulting from COVID19
- ACAS has published information for employees and employers, including information on simple steps to help protect the health and safety of staff, sick pay and absence from work
Businesses trading internationally
Department for International Trade has published advice for UK businesses that export or deliver goods and services abroad and have been impacted by the spread of COVID-19.
Small businesses
The Federation of Small Businesses (FSB) has also published some useful information for businesses managing their response to the Covid-19 pandemic.
Fraudulent activity
Cyber Security Guidance for businesses during Covid-19
The National Cyber Security Centre has published guidance to support businesses moving from physical to digital delivery as part of the ongoing Covid-19 response.
The guidance includes advice on home working, video teleconferencing and spotting email scams related to Covid-19.
Cyber security awareness
National cyber security authorities have issued guidance to help businesses to protect themselves against cyber criminals who are targeting individuals, small and medium enterprises, and large organizations worldwide with COVID-19-related scams and phishing campaigns.
The Cybersecurity and Infrastructure Security Agency and the National Cyber Security Centre, which is part of GCHQ, have seen an increase in malicious activity with themes related to COVID-19 and are warning people to be extra vigilant.
Businesses warned of increase in Mandate Fraud
The UK’s Counter Fraud function is warning businesses of an emerging trend in ‘Mandate Fraud’ as criminals look to exploit the fact that the public sector is rapidly changing ways of working, spending money quickly to deal with COVID-19.
Mandate Fraud is a fraudulent request to change a direct debit, standing order or bank transfer mandate in order to divert payments or to create new payments.
It can affect customer, supplier or employee bank accounts and is also known as creditor fraud, payment diversion fraud or supplier account takeover fraud.
Guidance to protect your business against scams and fraud
With people spending more time at home and online, criminals are using every opportunity they can to scam innocent people and their businesses. This guidance explains the simple steps you can take to protect yourself and your business against fraud and cybercrime and where to get help.
DVLA warns of fraudulent websites
The DVLA is warning drivers about misleading third-party websites passing themselves off as DVLA.
These sites might, for example, offer to help you apply for a driving licence, tax your car or connect you to a DVLA contact centre. These sites will often charge additional fees for services that you can get for free or at a lower cost on GOV.UK.
To try and pass themselves off as genuine, these sites might include ‘DVLA’ in their web address (URL). They might also design their site to appear as if it’s DVLA - for example, using DVLA’s old ‘green triangle’ logo, which is no longer in use.
Don’t be fooled by these sites - even if they appear at the top of search engine results. Always double check you’re using GOV.UK.
Beware of scams and frauds
The fraud threat posed during emergency situations is higher than at other times.
The Cabinet Office has formed a COVID-19 Fraud Response Team to assist the government with its counter fraud response. Requests for assistance should be emailed to: [email protected]
Any suspected SCAMS or fraudulent activity should also be reported it to ACTION FRAUD.
Covid-19 fraud and scams on the rise
Led by UK Finance, and backed by the Government, the Take Five campaign has launched a web page to promote awareness of Covid-19 related fraud and scams.
Unscrupulous criminals are using the publicity around coronavirus as a chance to target businesses and individuals with fraudulent emails, phone calls, texts messages and social media posts.
Fraud poses a major threat to the UK and although it is a crime that the finance industry is committed to tackling, it requires the combined efforts of every sector, both public and private, to overcome.
Members are advised to visit the campaign page to ensure vigilance and help protect your business against scams.
Caution against abuse of Coronavirus Job Retention Scheme
HMRC chief urges caution to those tempted to abuse the Coronavirus Job Retention Scheme
Any fraudulent claims made under the scheme – for example, where employees have continued to work while furloughed – are likely to result in criminal convictions.
Jim Harra, Chief Executive HM Revenue and Customs said:
“We are aware that some employees have already been reporting that some employers have asked them to work during the furlough period. We expect the vast majority of employers to do the right thing and in fact in many cases they have no choice because people are genuinely furloughed and cannot work.
“But we will be asking anyone who’s got information about the scheme being abused to let us know and there is an online hotline service for any employee who feels they are being asked to be complicit in something they don’t want to be complicit in.”
Action Fraud warns of scammers
Action Fraud has received reports of a scam email purporting to be from HM Government asking for donations to the NHS during the COVID-19 outbreak.
This is a fake email and your money will only end up in the hands of a criminal.
The NHS will never ask you to send money directly to a bank account. If you would like to donate to the NHS you can do so via their official channels or your local NHS Trust.
Don't click on the links or attachments in suspicious emails and never respond to messages that ask for your personal or financial details.
BVRLA working practices during pandemic
The BVRLA remains very much open for business and has taken steps to adapt working practices to minimise face-to-face engagement.
These processes will continue to be reviewed, but for now, the following applies:
- There will be no face-to-face meetings of any kind either at the BVRLA office or off-site, including Committees, Working Groups or small business meetings.
- All meetings will be conducted using telephone and videoconferencing facilities such as Zoom and PowWowNow.
- All face-to-face BVRLA training courses will be moved online.
- BVRLA staff are set up for remote working, where feasible and in accordance with government guidelines.
Frequently Asked Questions
The Government has published a set of FAQs which outlines what people can and cannot do during the Covid-19 pandemic.
The BVRLA has published a set of FAQs for vehicle rental and leasing customers as well as the following FAQs for members:
FAQs for Rental Members
Q: Who needs to wear a face covering?
A: The Government has extended the places where you need to wear a face coverings. A full list of where including links to differences between England, Wales, Scotland and Northern Ireland is available on the GOV.UK website.
Members will need to review their COVID-19 risk assessments for their offices and branches in the light of these announcements and make changes accordingly.
This could include:
- Assessing which areas of your site are customer facing and ensuring that all staff wear face coverings when in these areas
- Assessing the proximity of non-customer facing areas to customer facing areas and determine to what extent face coverings will be required in the non-customer facing areas, especially if it is not possible for staff to be 2m apart at their work areas. For example, a m
- Consideration as to whether signage in your office needs updating regarding safe wearing of face coverings (The GOV.UK website has useful information regarding what you should do when wearing a face covering)
- How to handle staff who are exempt from wearing face coverings (e.g. would they be happy to wear a badge or similar)
- Consider whether staff would be more comfortable with visors rather than masks, both are acceptable
Q: Can I have more than one person in a car when delivering or collecting a vehicle in Scotland?
A: The Scottish Government have stated that: “You should only travel in a vehicle with members of your own, or extended, household.”
However, the Scottish Government recognise that there may be occasions when there is no alternative but to travel with people from outside your household. This should be limited as much as possible. So delivery and collecting of rented and leased vehicles is allowed but the following steps should be taken:
- keep to small groups of people, up to 6 at any one time
- keep your distance and take care entering and exiting the vehicle
- sit as far apart as possible in the vehicle, avoiding face-to-face
- maintain good ventilation by keeping the car windows open
- wear a face-covering, unless you are exempt
- clean your hands before and after your journey
- if the vehicle is your responsibility, clean the door handles and other areas that people touch.
- If you regularly share transport whether it is a car or minibus or other private vehicle, try and share with the same people each time.
It is therefore advisable if you are using cars to deliver and collect vehicles there should only be a maximum of two people per vehicle. If a larger vehicle is being used, such as a people carrier, this could be extended to three people. If a minibus is being used a maximum of six people could be in the minibus, however, you would need a PSV Operators Licence as you are carrying passengers.
Q: Are customers entitled to a refund if their rental is cancelled due to Covid-19 related restrictions?
A: Government guidance published by the Competition & Markets Authority states that consumer protection law will generally allow consumers to obtain a refund.
For most consumer contracts the CMA would expect a consumer to be offered a full refund where:
- a business has cancelled a contract without providing any of the promised goods or services;
- no service is provided by a business, for example because this is prevented by Government public health measures;
- a consumer cancels, or is prevented from receiving any services, because Government public health measures mean they are not allowed to use the services.
Q: Should we be taking any extra measures when cleaning rental vehicles?
A: All vehicles should be subject to additional cleaning once returned from any customer and before being hired to another.
If a customer advises they or someone they live with has COVID-19 or the symptoms of COVID-19 members should isolate the vehicle (where possible) for 72 hours as the risk of contamination is believed to reduce significantly over time. After this period has passed the following advice may be helpful as to what would constitute a deep clean and what protective equipment should be worn:
- Disposable gloves should be worn (where available) and after the cleaning has taken place hands should be washed with soap and water for at least 20 seconds. If hand washing facilities are not available an alcohol based sanitiser (with at least 60% alcohol) could be used on the hands. If other forms of protective clothing (such as face coverings or aprons) are used, these should be double-bagged along with the disposable gloves, then stored securely for 72 hours then thrown away in the regular rubbish after cleaning is finished.
- Using a disposable cloth or paper roll and disposable mop heads, to clean all hard surfaces, first clean hard surfaces with warm soapy water or a general purpose cleaner, then disinfect these surfaces. Pay particular attention to frequently touched areas and surfaces, such as steering wheels, handbrake, gearstick and door handles. The disinfectant should be:
- either a combined detergent disinfectant solution at a dilution of 1,000 parts per million available chlorine
or - a household detergent followed by disinfection (1000 ppm av.cl.). Follow manufacturer’s instructions for dilution, application and contact times for all detergents and disinfectants
or - if an alternative disinfectant is used within the organisation, this should be checked and ensure that it is effective against enveloped viruses
- either a combined detergent disinfectant solution at a dilution of 1,000 parts per million available chlorine
- Avoid creating splashes and spray when cleaning.
Q: How should we handle the collection of vehicles ready to be taken off hire and the delivery of new hires where they are deemed essential?
A: While the collection and distribution of vehicles remains permitted, this must be carried out in compliance with current Coronavirus / COVID-19 precautions. Travel for work purposes is permitted, but only where work cannot be carried out from home. Other than the businesses it has specified, the Government has not required any other businesses to close – indeed it has stated it is important for business to carry on.
The Department for Transport has thanked the vehicle rental sector for supporting essential services and provided a letter confirming that the industry should carry on working to ‘the greatest extent possible’.
Response from the Department of Transport re: Essential Work of the Vehicle Rental Services Sector.pdf
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In its social distancing guidance, the Government says that employers and employees should discuss their working arrangements. It recognises that certain jobs require people to travel to, from and for their work – which clearly applies to the collection and distribution of vehicles. The Government says that, if you cannot work from home, you can still travel for work purposes, provided you are not showing coronavirus symptoms and neither you nor any of your household are self-isolating. This is consistent with advice from the Chief Medical Officer.
In this situation, the Government says that employers should ensure that employees are able to follow Public Health England guidelines including, where possible, maintaining a two metre distance from others, and washing their hands with soap and water often for at least 20 seconds (or using hand sanitiser gel if soap and water is not available).
The BVRLA and FLA have produced best practice guidance for delivery and collection of leased vehicles and the broad principals of it can be adapted for rental as well.
Rental members may wish to consider alternatives to getting customer’s to sign an electronic device or rental agreement when a vehicle is delivered/collected, however, if this is not possible then PDAs and pens should be sanitised before and after being handed to the customer. In addition members may wish to consider the use of gloves, steering wheel covers and seat covers if available.
Customers should be encouraged to return vehicles at the end of hire where appropriate, but it should not mean they are required to drive long distances or use public transport.
As police around the country ramp-up their enforcement of the Government's travel lockdown and business closures, BVRLA has published a template letter that vehicle rental members can provide to staff that are travelling in order to support key workers and critical services.
The template can be used by any member that wants to provide supporting evidence for employees, confirming the reason for their travel. It should be provided to staff on company headed paper.
It is a draft and should be adapted to suit your circumstances. There is no provision currently within legislation for any letter or pass system and as such this document is for guidance only. You can download the draft template here.
Q: Should our staff continue to work from our office environment?
A: Where it is essential and they are unable to work from home, staff may continue to work from the office but in doing so must follow the social distancing guidance. Members may wish to think about additional PPE and cleaning equipment that they can provide to staff.
Q: Does my rental branch have to support NHS Test and Trace?
A: No, the recording of contact details is applicable to venues in hospitality, the tourism and leisure industry, close contact services and local authority facilities. These businesses must ask at least one member of every party of customers or visitors (up to 6 people) to provide their name and contact details.
However, if a member of staff, who is customer facing, tests positive for Covid-19 you may need to share customer details with NHS Test and Trace. This will require an update to your privacy policy to advise anyone who signs a rental agreement that their details could be share with NHS Test and Trace if anyone they have come into contact with whilst on your site tests positive for Covid-19.
FAQs for Leasing Members
Q: Who needs to wear a face covering?
A: The Government has extended the places where you need to wear a face coverings. A full list of where including links to differences between England, Wales, Scotland and Northern Ireland is available on the GOV.UK website.
Members will need to review their COVID-19 risk assessments for their offices and branches in the light of these announcements and make changes accordingly.
This could include:
- Assessing which areas of your site are customer facing and ensuring that all staff wear face coverings when in these areas
- Assessing the proximity of non-customer facing areas to customer facing areas and determine to what extent face coverings will be required in the non-customer facing areas, especially if it is not possible for staff to be 2m apart at their work areas. For example, a m
- Consideration as to whether signage in your office needs updating regarding safe wearing of face coverings (The GOV.UK website has useful information regarding what you should do when wearing a face covering)
- How to handle staff who are exempt from wearing face coverings (e.g. would they be happy to wear a badge or similar)
- Consider whether staff would be more comfortable with visors rather than masks, both are acceptable
Q: Can customers cancel their order of a vehicle if they can no longer afford the vehicle or no longer have a purpose for the vehicle due to Covid-19 related restrictions?
A: Customers may cancel their agreement in line with members’ cancellation policies which should be outlined in the business terms and conditions signed by the customer. Whether members implement any penalty that is part of their cancellation policy is a commercial decision.
Q: How should I deal with customers who have advised me that they can no longer afford their monthly payments due to income shock? Am I able to offer customers a payment holiday?
A: Leasing Brokers should refer the customer to the finance provider for clarity on their procedures during this time. Finance providers should follow their Income Shock and Forbearance procedures. Further information on this can be found in the BVRLA’s Factsheet. Alongside existing procedures, the Financial Conduct Authority has introduced a package of measures for consumers having difficulties paying their motor finance, including personal contract hire products.
If customers are experiencing temporary financial difficulties due to coronavirus, the FCA is expecting firms to:
- offer a 3-month payment freeze or another alternative which is in the best interests of the customer
- not take steps to end the agreement or repossess the vehicle
The measures above, do not prevent firms from providing more favourable forms of assistance to any customer, including a longer payment freeze, if appropriate.
The full package of measures is available on the FCA website.
Q: Should we be taking extra precautions with the collection and delivery of vehicles during this time?
A: While the collection and distribution of vehicles remains permitted, this must be carried out in compliance with current Coronavirus / COVID-19 precautions. Travel for work purposes is permitted, but only where work cannot be carried out from home. Other than the businesses it has specified, the Government has not required any other businesses to close – indeed it has stated it is important for business to carry on.
In its social distancing guidance, the Government says that employers and employees should discuss their working arrangements. It recognises that certain jobs require people to travel to, from and for their work – which clearly applies to the collection and distribution of vehicles. The Government says that, if you cannot work from home, you can still travel for work purposes, provided you are not showing coronavirus symptoms and neither you nor any of your household are self-isolating. This is consistent with advice from the Chief Medical Officer.
In this situation, the Government says that employers should ensure that employees are able to follow Public Health England guidelines including, where possible, maintaining a two metre distance from others, and washing their hands with soap and water often for at least 20 seconds (or using hand sanitiser gel if soap and water is not available).
The Department for Transport have produced a letter which confirms that vehicle logistics is acceptable providing social distancing measures are observed:
The BVRLA has co-produced guidance with the FLA on delivering and collecting vehicles which can be accessed here.
As police around the country ramp-up their enforcement of the Government's travel lockdown and business closures, BVRLA has published a template letter that vehicle rental members can provide to staff that are travelling in order to support key workers and critical services.
The template can be used by any member that wants to provide supporting evidence for employees, confirming the reason for their travel. It should be provided to staff on company headed paper.
It is a draft and should be adapted to suit your circumstances. There is no provision currently within legislation for any letter or pass system and as such this document is for guidance only. You can download the draft template here.
Q: Should our staff continue to work from our office environment?
A: Where it is essential and they are unable to work from home, staff may continue to work from the office but in doing so must follow the social distancing guidance. Members may wish to think about additional PPE and cleaning equipment that they can provide to staff.
For example, it is permissible for staff to visit the office to deal with post, particularly to deal with penalties, speeding fines and parking charge notices which might be posted.
Q: What will happen if our business is due an inspection as part of the BVRLA governance programme?
A: The BVRLA has worked with its approved inspection partners CCAS to ensure that remote inspections will still be carried out during this time. You will be contacted prior to your arranged inspection date with clarification on how this will take place.
Q: How can I keep up to date with changes that the FCA are making in response to Covid-19?
A: The FCA have a page on their website dedicated to updating firms on the changes that they are making to support firms and consumers in response to Covid-19. For the most up to date information, the FCA recommend following them on LinkedIn and on Twitter.
Q: FCA regulation requires our firm to have completed our complaint investigation and have provided a final response to consumer complaints within 8 weeks. What if I can’t respond to the consumer within this time period due to current circumstances?
A: The FCA are aware that issuing a final response to consumers within the 8 week time period during a time where dealerships are closed and brokers and finance companies are often short of staff is not always going to be achievable. The BVRLA expect that the FCA will issue formal advice on this subject over the coming week, but it is likely that the 8 week final response period will be relaxed where members can evidence that they were unable to comply due to Covid-19 related restrictions.
Q: If we are subject to the Senior Managers & Certification Regime (SM&CR), are we still expected to meet the full requirements of the regime during the Covid-19 pandemic?
A: The FCA have provided guidance on their expectations for solo-regulated SM&CR firms during this time. Some key areas to consider include:
- Senior Managers will remain responsible for risks in their own areas of responsibility and should be considering where the current situation may lead to new risks and how the situation will affect existing risks and the controls used to manage them.
- The FCA recognise that firms may need to make temporary arrangements in response to the pandemic and firms will not be required to submit updated Statements of Responsibility (SOR’s) where these changes are made to cover sicknesses or changes in roles and are expected to revert back to previous arrangements. These arrangements should be documented internally and should remain on file for the foreseeable future.
- The FCA intent to issue a Modification by Consent to the current 12-week rule that allows an individual to cover for a Senior Manager without being approved, where the absence is temporary or reasonable unforeseen. If firms require temporary arrangements to extend further than 12 weeks, they are able to contact the FCA in order to extend these arrangements for up to 36 weeks.
- The FCA advises that individuals performing required functions such as Compliance Oversight, the MLRO and the Limited Scope Function should only be furloughed as a last resort. Where these individuals are furloughed, the firm should look to temporarily replace them and can use the 12-week rule to arrange their cover.
