FROM THE OFFICE OF
WWW.EXPORTANDFREIGHT.COM
David Mullan Head of Transport Regulation Unit
COMPLIANCE IS THE KEY Welcome to this latest edition of the TRU Newsletter. During this series of communications, the Department has sought to provide advice and guidance to enable compliant management of transport operations; to provide links to valuable sources of information; and to outline plans for the future - this edition, for example, provides an introduction to the future extension of operating licensing into Light Goods Vehicles used for international hire and reward. We are keen, however, to highlight topics that you wish to understand better. Do you have any burning questions? Do you see challenges that you feel we might not fully appreciate? Do you have concerns for the future? If so, we want to hear from you. Please send in proposed topics for future publications to TRU@ Infrastructure-ni.gov.uk and start your message “Newsletter”. We’ll aim to include key topics within future editions to assist. Compliance is the key to holding a goods vehicle operator’s licence and there are a number of requirements established within the legislation which underpins the licencing regime. Failure to be compliant with the rules could be in part due to a lack of understanding of the requirements, or becoming lax over a period of time. This can quickly become your undoing so please: If in doubt, ask. Advice and Guidance can be obtained from Transport Regulation Unit, the Driver & Vehicle Agency, and professional bodies such as Logistics UK, the RHA & CILT. In addition there are a number of very good transport
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consultants and transport managers across the country. Look into CPC refresher courses. Time moves on very fast, and before long CPC qualifications are old, and technology and regulations have changed. Regular ‘Continuous Professional Development’ should become part of your management programme. If your CPC Certificate is over 5 years old, now is the time to sign up for one of the many CPC refresher courses available. Whilst professional competency and the services of a transport manager are required for Standard Licence holders, fitness is still a requirement for Restricted Licence holders. Transport or haulage may not be the primary part of your business, but how would you manage without it? Many organisations run Operator Licensing Awareness Courses which provide an essential introduction to the management of the transport element of your business. In order to remain a compliant operator knowledge, understanding, and application are all critical. If there is anything you’re unsure about, just ask!
IN-CHAMBER HEARINGS The Department restarted In-Chamber Hearings (ICH) earlier this year and there are a few things you should know if you’re called up to one. These are hearings that are held “In-Chambers”, which means a private hearing between the operator and usually the Deputy Head of the Transport Regulation Unit. A note taker will be present to record the meeting, and on occasion a specialist may be called to address specific issues with a case. These hearings are the first in a three stage approach to deal with issues of non-compliance. The other two stages being a Preliminary Hearing and then a full Public Inquiry. The Department will want to address issues that are starting to be of concern, an example of this could be a low first time annual test pass rate, infringements these can be in relation to drivers hours, vehicle defects, or loading. Other areas which may give the Department concern would
include establishment, how the licence is being managed or an unsatisfactory compliance report. The Department’s aim with these hearings is to assist the operator to understand the concerns and become compliant again, however if this is not achieved with an ICH, the only alternative may be escalation to one of the other two stages where regulatory action against the licence may be considered. You will receive a call up letter setting out the reasons why you have been invited and giving a date for the hearing. If there is a compelling reason why you could not attend the hearing on this date it is important to contact the Department as soon as possible to arrange a new date. Review the issues presented to you in the call up letter and gather all available evidence which you may wish to present at the hearing. Communication with the Department is key and you can start submitting any documentation required for the hearing and, if you have any questions about the hearing, don’t hesitate to contact TRU. You may also want to consider whether to consider if you need professional advice, in the form of a transport consultant, trade association such as RHA, Logistics UK or any other professional body. Proper preparation for the hearing will make this process a lot easier as the onus will be on you to demonstrate that you are a compliant operator. You
