IMPORTANCE OF MUTUAL ENGAGEMENT AND COMMUNICATION

Since taking up post in January 2023, I, as Head of TRU, have been gaining awareness into our road haulage industry and the important contribution it makes to our economy. The need for the Department and industry to work together is foremost in my mind. The importance of mutual engagement and communication is essential.

It is important to be clear. Transport regulation is not a punitive regime – we are not here to punish. Instead our responsibility is to encourage compliance and to deter operators from acting unlawfully and we do this through a series of regulatory measures. Early communication is key to avoid prolonged TRU involvement and also to allow TRU to direct its limited resources to those matters which require detailed attention so as to allow us to ensure that only safe and compliant operators hold a licence and that our roads are safe and that there is fair competition across the industry. Within this context, this edition of the newsletter focuses on the need to communicate with the Department and sets out common misconceptions surrounding your licences and your ongoing and continuing responsibilities as a licence holder.

The newsletter reflects on some of the common issues that we have identified over recent months, including the requirement for a new operator licence to be obtained when there is a change of legal entity and for such a licence to be obtained before operating as a new entity. The article on the Importance of Record

Keeping and Licence Undertakings for HGV Operators highlights the significance of record keeping and its direct impact on compliance, efficiency, and safety within your operations.

I hope you find this edition of the newsletter informative and helpful. Should you have any further questions with regards to the matter, or general queries surrounding your licence, I would encourage you to talk to us at the earliest opportunity TRU@infrastructure-ni.gov.uk

Communication With The Department

TRU has observed how more operators are less compliant with communication, which results in an increase of investigations of their businesses and potential regulatory action against those licences.

Communicating with the Department in a timely and effective manner, more so during this pandemic, is of the essence when it comes to effectively managing an operators’ licence. Whether it is notifying infringements, a change of directors in the company holding the licence, responding to requests for information letters sent by the Department or even providing the required information and documentation to process an application, communication is key for any operator’s licence holder. There are some unfortunately common misconceptions you should avoid. Your licence conditions and undertakings, those written on your actual licence document, compel you to notify the Department a variety of events within 28 days of their occurrence, such as a change of director, any infringement or conviction, any event that affects good repute, or any changes to the address of establishment among other matters.

Not communicating those events on time could serve to further aggravate the events themselves. The Department has noted misunderstandings among some operators, like believing that receiving a fixed penalty notice counts as “notifying” the Department, or that changing a director in the Companies House register is enough to make “the authorities” aware of it. As a licence holder, you must notify these events to the Department within the prescribed period as per your licence conditions and undertakings. Take the time to read your licence and ensure you know your obligations. We have seen cases where operators submit a variation application but then fail to respond to the Department’s request for information assuming they provided all the information or documentation required. Failing to respond to those requests for information will not only result in the refusal of the variation application but in some