Caroline Hobson

cases will raise questions about the fitness of such operator to hold a licence and may trigger an investigation of that licence.

In conclusion, if in doubt, ask! If you’re not sure whether you need to respond to a letter or how to respond to a request for information, contact us. If something changes within your business, let us know. You can contact TRU on regulatory matters via TRU@infrastructure-ni.gov. uk or NICLO on applications via NICLO@dvsa. gov.uk, or contact your previous caseworker.

Change Of Entity For Licence Holders

It is an often-overlooked requirement, that any change of legal entity requires a new application for an operator’s licence to be made. This includes any change from and to a sole trader, a partnership or a limited company.

If a company changes its registration number at Companies House, this is a change of entity and a new application is also required in those circumstances.

Goods vehicle operators’ licences are not transferable. It is against the law to operate as a new or different entity without informing the Department in advance. A new licence for the new entity must be obtained before operating.

Do not wait for the licence renewal date on an existing licence if the change of entity is to occur before then. This could leave you without authority to operate any vehicles if a new application cannot be granted before expiry of the old licence. Permitting vehicles to be used under an operator’s licence by an entity that is not the licence holder, can lead to prosecution of the licence holder and the entity using the vehicles illegally. Regulatory action may also be taken in relation to the existing operator’s licence, which could include its revocation.

Before submitting a new application due to a change of entity, make sure finances in the name of the new entity are already in place showing an opening or closing balance that meets the minimum requirements for the number of vehicles requested, if the account has been opened for less than 28 days. In the case of a limited company application, finances in personal accounts held by a company director are not acceptable. A bank account in the full name of the limited company must be opened. If there are to be no changes to the operating centre requirements (i.e., the operating centre address(es), and the number and size of vehicles and trailers required will be the same or less), you can apply to transfer the operating centre from the existing licence holder to the new entity. This negates the need for an advert to be published in a local newspaper if the transfer is approved. A form GV(NI)72 is required for this and is available from the DfI website. Our service standard for determining applications is 40 working days. It could take longer if any issues arise during the processing of an application. Further details about the finance requirements, and information about the requirements relating to legal entities, are in the Department’s Practice Guidance and Instructions documents 2 and 5 respectively at: https://www. infrastructure-ni.gov.uk/articles/goods-vehiclelicensing-practice-guidance-documents

Licence Undertakings

As a responsible heavy goods vehicle (HGV) operator, maintaining accurate and organised records is crucial to fulfil your licence undertakings. This article highlights the significance of record keeping and its direct impact on compliance, efficiency, and safety within your operations. Licence undertakings play a vital role in ensuring the smooth functioning of your HGV operation. By committing to these undertakings, you demonstrate your dedication to responsible management and operational excellence.

Key undertakings include:

- Observing Rules on Drivers’ Hours: Keeping precise records of drivers’ hours is essential to comply with the undertakings and avoid any infringements. Accurate documentation allows you to demonstrate compliance with rest periods, breaks, and driving time regulations.

- Maintaining Vehicle Fitness: Comprehensive record keeping of maintenance activities, including routine inspections, repairs, and defect reports, is crucial to fulfil your undertakings related to vehicle fitness. These records help track the condition of your vehicles and ensure they remain safe and fit for the road.

- Preventing Overloading: Records of vehicle weight and load distribution are essential to avoid overloading. By documenting weight limits and load specifications, you can ensure compliance with undertakings and prevent potential risks associated with overloading.

- Promoting Safety: Your undertakings include promptly reporting any defects or symptoms that may compromise the safe operation of vehicles and trailers. Keeping written records of these reports helps ensure timely action is taken to address safety concerns.

Record Keeping

Accurate and well-organised record keeping provides several benefits for you as HGV operator:

- Compliance: Maintaining comprehensive records allows you to demonstrate compliance with licence undertakings. This not only helps avoid penalties or disruptions to your operations but also showcases your commitment to responsible management.

- Operational Efficiency: Accessible records enable you to effectively manage maintenance schedules, plan repairs, and optimise vehicle usage. By tracking maintenance patterns and promptly addressing any issues, you can minimise downtime and maximise operational efficiency.

- Safety Enhancement: Thorough record keeping plays a crucial role in promoting safety within your operations. By documenting maintenance activities, defect reports, and repairs, you can proactively identify potential risks, take necessary preventive measures, and ensure the safety of your drivers and other road users.

- Decision-Making Support: Historical records provide valuable insights for decision-making. Analysis of maintenance data, drivers’ hours, and vehicle performance can help identify areas for improvement, optimise resource allocation, and enhance overall operational effectiveness.

Maintaining accurate and well-organised records is not only a requirement but also an essential practice for HGV operators. By fulfilling your licence undertakings through diligent record keeping, you ensure compliance, optimise operational efficiency, enhance safety, and support informed decision-making. Embracing a proactive and systematic approach to record keeping will contribute to the success and reputation of your HGV operation.