Is your operator's license at stake?

At a recent ‘Fleet Friday’ session, we were joined by two roads policing officers from Essex Police. We covered the root causes of collisions with a particular focus on the roles and responsibilities of those involved in the running of a fleet. The message was clear, we all have a responsibility to make our roads safer.  For that reason, the police are more committed than ever to tackling poor company compliance, and one of their focuses going forward will be to harness a more collaborative approach with the DVSA and traffic commissioners. This may well result in an increase in public inquiries or indeed preliminary hearings.

What is the role of the traffic commissioner? 

Traffic commissioners are responsible for the licensing and regulation of those who operate heavy goods vehicles, buses and coaches. If a traffic commissioner has concerns about an operator or one of their drivers, they may be called to a public inquiry or preliminary hearing.

There are three main types of public inquiry:

1. Those held to determine licence applications;
2. Reviews of operating centres (for goods operator licences); and
3. Those held for regulatory reasons. This would include concerns about the operator’s practices or an incident such as a fatal collision or bridge strike.

Generally, the process commences with the traffic commissioner sending a formal invite to the driver and/or operator to attend a hearing.  The letter should explain why the hearing has been called, what evidence is likely to be heard and the issues to be dealt with.  The letter is sent to the correspondence address as given to the office of the traffic commissioner and recorded on the licence, hence it is always important to ensure addresses and documents are up to date. 

The traffic commissioner should give advanced notice of the hearing allowing the case to be prepared and any documents to be submitted well in advance of the hearing date.  If for any reason the operator, applicant and/or the transport manager cannot attend on the date given, a request to adjourn would be required with any evidence such as a medical certificate, or evidence of a pre-booked holiday.  Ultimately they are formal hearings and should be treated as such. If the traffic commissioner has concerns about the evidence given or the conduct of a party, it could lead them to find that the person is not of good repute or fit to hold a licence (or indeed to act as a transport manager).

A public inquiry is held in public (unlike a preliminary hearing) and it is for the traffic commissioner to determine what is relevant for the purposes of the proceedings and what evidence should be heard. Having heard evidence, the traffic commissioner will then make any relevant determinations. Unlike in a criminal court, the standard of proof in proceedings before a traffic commissioner is the civil standard i.e. on the balance of probabilities. In most cases an outcome will be provided on the day, or at the very least, the days thereafter.  What is clear is that proper planning is required for any type of hearing before the traffic commissioner and long gone are the days when poor preparation would be overlooked!

Other updates in the fleet world….moving away from paper

From 29 April, heavy goods annual test MOT pass certificates are no longer printed at the point of test as a default.  In a move to streamline the process and reduce delays, operators can see the results on the MOT history service as soon as the test is completed.  The information will then be available to download. The change forms part of the DVSA’s digital transformation project for heavy goods vehicle testing. 

News from the Government

The Government has launched an independent review of the DVSA to help shape its future. 

The DVSA was established in 2013 following a merger of the DVSA and Vehicle Operator Service Agency.  The DVSA has a wide remit from undertaking theory and practical driving and riding tests, approving driving instructors and carrying out enforcement checks on drivers and vehicles to ensure they are fit for the roads.

The hope is that this extensive review of the work and practices of the DVSA will improve efficiency and increase standard to ensure our roads are kept safe.