FROM THE OFFICE OF
WWW.EXPORTANDFREIGHT.COM
David Mullan Head of Transport Regulation Unit
PUBLIC HEARINGS CONTINUE DESPITE LOCKDOWN CHALLENGES Like all organisations and businesses, the Transport Regulation Unit continues to work against the backdrop of the ongoing pandemic, and the practical challenges that this has created. In November 2020 the Unit recommenced public inquiries, holding three in-person hearings. With the new lockdown announced in December, steps were taken to introduce online hearings, and this has been operating successfully, with ten inquiries (including two preliminary hearings) held throughout January, February and March. Recently the Covid-19 Regulations were updated allowing the recommencement of some in-person hearings and these have again recommenced. These hearings are a fundamental part of the licensing regime, ensuring that licensed operators are operating safely, keeping appropriate records, and continuously meeting the requirements to hold a Goods Vehicle Operator’s licence. This improves road safety, and helps ensure fair competition within the industry. If you are paying to meet requirements of professional competence, maintaining your fleet, training your drivers, and operating within legal hours and weights – then it is unacceptable for others to get away with not doing so. Since the recommencement of public inquiries the Department has taken a number of actions – three licences have been revoked, two transport managers have been disqualified, four licences have been curtailed (a reduced fleet), one licence has been temporarily suspended, one application has been refused and a number of licences received additional undertakings, such as the requirement to pay for an external audit of systems and processes. Supporting these public inquiries the TRU will soon start calling operators to In-Chamber Hearings. These hearings will be held in-person and provide an opportunity for TRU staff to meet with operators and
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understand how licences are being used. This is an opportunity for operators to show the Department the steps that they are taking to ensure that they remain compliant and avoid the need for a future call up to a public inquiry. This also offers a chance to receive useful guidance and advice directly from the Transport Regulation Unit. In-person hearings represent a step back towards normality and will help our operator’s relationships with the Department, however, we will continue to meet requirements on social distancing, and hearings will be subject to change as Covid regulations continue to be updated.
THE IMPORTANCE OF RECORD KEEPING AND LICENCE CHECKS: A HARD LESSON If you don’t want to put your licence at risk of revocation, take heed of a decision made by the Department at a recent public inquiry. A licence was revoked as a result of the operator’s failure to keep records of driver walk-round checks, preventative safety inspections, vehicle maintenance, or to make appropriate checks of its drivers’ licences and their CPC entitlement. A goods vehicle operator’s licence is issued on the basis that the licence holder will comply with undertakings, which include:
- the laws relating to the driving and operation of vehicles used under this licence are observed - the rules on drivers’ hours and tachographs are observed and proper records kept - drivers report promptly any defects or symptoms of defects that could prevent the safe operation of vehicles and/or trailers, and that any defects are promptly recorded in writing - records are kept (for 15 months) of all driver defect reports, all safety inspections, routine maintenance and repairs to vehicles and trailers and these are made available on request A compliant operator will ensure there are adequate systems and procedures in place to fulfill all licence conditions and undertakings. Failure to do so can lead to revocation of a licence or other serious regulatory action. It is also worth implementing a regular check (i.e., six monthly) of drivers’ licences for any penalty points or a disqualification that a driver has failed to report to you. This can be done online at: gov.uk/checkdriving-information. Carrying out such checks and keeping a record can help to protect an operator from dishonest and dangerous drivers as well as protecting the public. The DVA’s Guide to maintaining road worthiness is useful for new operators to find practical advice on how to devise, install and monitor a system for ensuring roadworthiness. Even established or experienced operators will be able to use the Guide as a benchmark to assess whether systems are sufficiently comprehensive or should be reviewed and improved to maintain compliance.
