John Martin, RHA Policy Manager for Northern Ireland

John Martin

RHA Policy Manager for Northern Ireland.

AS A STANDARD OR RESTRICTED GOODS VEHICLE OPERATOR IS YOUR OPERATOR’S LICENCE AT RISK?

The Department for Infrastructure’s Transport Regulation Unit has increased its focus and resources to deal with the backlog of Public Inquiries, Informal Hearings and regulatory matters generally. Some people would argue this is long overdue, others state its overly bureaucratic and a waste of time and some who have experienced the process and came out the other side view it as painful with extremely inconsistent outcomes.

Whatever your view on the renewed focus by the Department is, there is one thing that everyone can be assured off and that is this renewed focus is here to stay. Anyone who operates a goods vehicle that falls within scope of the operator licencing requirements needs to ensure they have satisfactory compliance rates, annual roadworthiness test results are at or above the national average of circa 80% and they have adequate systems, processes and procedures in place with appropriate records to satisfy the Department should that dreaded Public Inquiry or DVA Audit request letter drop through the letterbox. Whether you’re an operator, a driverhave one vehicle or multiple vehicles or you are an established business or you have started out for the first time, compliance should take equal priority with other business activities. I’ve attended a number of Public Inquiries and hearings both to support members and as a member of the Public and this coupled with my previous roles as Head of the Driver & Vehicle Agency Enforcement Unit and the Transport Regulation Unit has given me a considerable insight into what’s required both by operators and the Department.

Key Issues

The keys issues that keep reappearing at Inquiries and audits include:

OPERATORS LICENCE UNDERTAKINGS AND CONDITIONS

Operator’s need to actually read the undertakings and conditions they have agreed to. These are stated on the licence and are a must read for anyone responsible for operating goods vehicles and include: changes to the entity that holds the licence – sole trader changes to Ltd Company without informing the Department, systems to manage driver’s hrs requirements with records retained for 12 months, systems to manage maintenance with ALL maintenance records retained for 15 months, requirement to notify the Department within 28 days of anything that may affect repute or suitability including – fixed penalties, convictions, prohibitions for Directors, transport managers and drivers of vehicles specified on the ops licence. Requirement for financial standing/ sufficient resources to reflect vehicle authorisation on a continuous basis.

MAINTENANCE REQUIREMENTS AND RECORDS

Operators, transport managers and drivers do not appear to fully appreciate what is required of them in regard to maintenance. These are some of the common issues highlighted: The need for maintenance contracts if it is contracted out to a 3rd party. Safety inspections or Preventative Maintenance Inspections frequency needs to reflect the specific needs of the operator, the age of the fleet and type of work undertaken. If you have a fleet that has varied use and wide age profile you can set the inspection frequency high for the new vehicles but do the inspections more frequently for the older vehicles. The Department will not penalise you

John Martin

RHA Policy Manager for Northern Ireland.

for doing it to frequently but will if you don’t do them as frequently as you have stated. Safety Inspection records. These need to be fully completed with all the relevant information provided or boxes completed. They should be monitored and signed off by the Transport Manager to ensure reoccurring issues can be reviewed and to ensure walk round checks are being undertaken. Each vehicle and trailer must undergo a metered brake test as a minimum 4 times per annum and the DVA test can be counted as one of these assessments with actual records of the results retained. Daily walk checks must be completed with either a manual or electronic means of recording any defects and a process for escalating these with complete records retained. All maintenance records must be retained including ad hoc work undertaken by the operator for 15 months. An in-house job card system should be used.

DRIVERS HOURS AND RECORDS

Operators, transport managers and drivers need to tighten up management of driver’s hrs compliance, record keeping and management. Some of the most common issues highlighted include: Drivers not being issued with a guide on the requirements – Consider issuing a drivers handbook covering all the key requirements including drivers hrs. Lack of proper driver’s hrs analysis with suitable action being taken for alleged infringements with records retained. Lack of analysis of missing mileage/KM reports. If there are instances of missing miles/kms these need to be cross referenced with driver’s hrs analysis and vehicle maintenance records. Any missing miles/kms of over a few miles should be investigated and each case closed with an explanation or supporting evidence. Drivers not maintaining proper records of instances where alleged infringements have resulted from road traffic collisions, major roadworks, delays at ports etc where this affected their ability to comply with the requirements and in order to reach a safe place to have a break or rest an alleged infringement resulted. Lost, stolen or malfunctioning cards – drivers should ensure printouts are taken at the commencement and finish of their journey with all details noted with the record retained and provided to the operator as required. Drivers duty to inform their main employer of any other employment that may affect compliance with drivers hours or working time directive compliance. Lack of other work recorded for the walk round checks at the commencement of duty – if a driver is on an overnight boat and cannot undertake the walk round check when on the boat they should stop as soon as practicable after disembarking and complete the check. The need to ensure a new, ad-hoc or agency driver’s card is downloaded and analysed before commencement of duty. Any hire vehicle used needs to have the data locked in and vehicle unit downloaded prior to use. Whilst its not mandatory if possible your maintenance provider or a mechanic should use a digi card. This can avoid an investigation some time after the event if a driver is stopped and miles/kms are noted as missing and the enforcement agency decides to follow it up with a request for drivers hours data or undertake a more detailed assessment at your office.

EMPLOYEE MANAGEMENT

Operators should ensure employees including Transport Managers are aware of their responsibilities when in their employment. This is not an exhaustive list and includes: Terms and conditions of employment. Contract of employment that includes a reference/link to the drivers handbook or the specific duties required. System to manage driver licence, digi card, driver CPC and Hazardous goods training and renewals. Team, tool box or one to one talks on issues flagged with proper records retained. This is not an exhaustive list but reflect some of the more common issues experienced. If you need any advice feel free to contact us at the RHA.