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Traffic Commissioner takes action after “serious, reckless error of judgement”

KevinRooney

The director of a haulage firm has had his professional driving licence revoked after being told he should never have got behind the wheel of his vehicle.

West of England Traffic Commissioner, Kevin Rooney, said the director made a “serious, reckless error of judgement” by driving when he was probably suffering from fatigue.

He started at just before 6am and was driving again almost 18 hours later. He was also reported for travelling the wrong way around a roundabout.

The director admitted his mind wasn’t on driving due to personal issues.

This led Mr Rooney to say he should never have been behind the wheel.

During a conduct hearing, the Traffic Commissioner also found the director had driven vehicles to and from maintenance providers without a card in the tachograph head.

As well as revoking the director’s professional driving licence, Mr Rooney also banned him from holding or obtaining an operator’s licence for two years.

The latest written decisions by traffic commissioners are published here.



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Traffic Commissioner says limited company was set up with the sole purpose of hiding operator’s true role

Nick JonesWhat happens when a bad operator is banned from running vehicles?

It means they can’t apply for or get another licence. In fact, it’s a criminal offence to do so.

A small minority of disqualified operators do attempt to continue operating.

They take a chance and try to get round the ban. Often they’re not named on documents and don’t show up when the licence application is made.

Luckily, staff working for the Office of the Traffic Commissioner scrutinise applications to identify links and associations to banned operators. This stops them from getting back in under the radar.

But sometimes banned operators draw attention to themselves.

In a recent case, a disqualified operator was featured in a commercial vehicle magazine. It gave the impression that he was the operator and employer of a driver who was named in the article. The director of the company wasn’t mentioned at all.

That wasn’t the only thing to gave it away. The transport manager said he’d been contacted by the banned operator and had never met company director.

And when DVSA told the director they suspected he wasn’t the genuine operator, he responded with “no comment”.

This led Traffic Commissioner Nick Jones to say the banned operator and company director had been caught out as “dishonest liars".

You can read the latest written decisions by traffic commissioners here



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Actions made it more difficult for DVSA to carry out its enforcement activities

SimonEvansA driver who drove erratically after being told to stop by DVSA acted in a “wholly disproportionate” manner and increased the risks to other road users through his behaviour. 

Simon Evans, the North West Traffic Commissioner, heard the driver closed the gap between vehicles at speed on more than one occasion – only stopping inches from the rear bumper of the DVSA vehicle. 

This “hot-headed conduct” had made the agency’s job of checking vehicles at the roadside more difficult. 

Mr Evans was also told the driver had sworn at the enforcement officer and that his actions had been intimidating. 

The driver – who was the operator of the vehicle as well – admitted he’d acted “stupidly” and said he regretted losing control on the day of the encounter.  

Mr Evans said the “wholly improper” behaviour would reduce the operator’s credibility with other staff in his employment. 

Stretched maintenance inspections and issues over the entity running the vehicles were also picked up during a public inquiry. 

As a result, the Traffic Commissioner made an order to revoke the operator’s licence. He also found the requirements of fitness and availability of financial resources were not met. 

DVSA has made clear that it won’t tolerate physical or verbal abuse of its staff. Traffic commissioners support the agency’s campaign to tackle any unacceptable behaviour DVSA staff may face when carrying out their professional duties.



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DVLA service available for employers

DVLAcheckMaking sure your drivers are properly licensed to drive commercial vehicles is really important.

As a compliant operator, you’ll be carrying out regular checks to confirm your drivers have the right entitlements.

You also need to be sure there’s no action recorded against their licences, such as a suspension or disqualification.

With the DVLA check someone's driving licence information service you can do these checks online.

The driver has to log in and give you permission to access their details.

To find out more, watch this short video from the DVLA.



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Failure to properly manage drivers led to “immense amount” of prohibitions

KevinRooneyA transport manager who lacked the hunger for compliance has been disqualified from working in the role for five years. 

Traffic Commissioner Kevin Rooney took the action after finding the TM didn’t have the necessary knowledge to carry out the job. 

Mr Rooney said drivers hadn’t been properly managed – which led to “a simply immense amount” of prohibitions being issued. 

DVSA examiners reported the operator’s vehicles had picked up eight prohibitions in the first four months of this year. A total of 30 had been issued to vehicles on the licence over the previous five years. 

Shockingly, defects on 14 of the prohibitions would have been spotted if drivers had done satisfactory walk round checks. But they didn’t. 

And one of the prohibited vehicles was actually being used in excess of the operator’s licence authorisation. 

A public inquiry also heard that 8 out of the operator’s 15 drivers claimed to be self-employed through their own limited companies. Mr Rooney said the operator’s licence would be curtailed to 7 vehicles indefinitely if he didn't receive evidence that drivers were lawfully employed. 

Mr Rooney concluded the transport manager had forfeit his good repute and would be disqualified for five years. He added that a robust and knowledgeable transport manager needed to be put in place for the operator to keep its licence.



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KRSBAs an operator, transport manager, driver or technician, you know just how quickly vehicle technology continues to progress. 

That’s why it’s vital for DVSA's essential Guide to Maintaining Roadworthiness to be regularly updated. 

As the lead traffic commissioners for enforcement, we're pleased to have worked with DVSA and with those who operate and maintain commercial vehicles to produce the latest version of the Guide to Maintaining Roadworthiness, which is available now. 

This ongoing collaborative working ensures that the information is informed, relevant and up-to-date. 

You will find references to new approaches such as electronic brake performance monitoring which can remove some of the challenges around roller brake testing of trailers.

On safety inspection intervals, this edition of the guide no longer features the graph of mileage vs inspection frequency. We strongly encourage you to take a proactive, evidence-based approach to setting inspection frequencies. 

As before, nothing in the guide is mandatory but, by following it, you’ll ensure that you meet the relevant conditions and undertakings on your licence. 

These are the commitments you made when you first applied for your licence. 

Sarah Bell and Kevin Rooney



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How much importance are you putting on safety when you send your vehicles out onto public roads, where everyday people go about their day-to-day business?

Shockingly, it’s not always the answer we’d expect within the transport industry.

Expired MOTs, missed maintenance inspections, loose wheel nuts, failing ABS systems and inadequate monitoring of drivers’ hours are commonplace in some operations, raising very serious concerns for road safety.

In a recent case heard by Traffic Commissioner Nick Denton, a vehicle had a tyre blow out while in service which also left the rear stop and indicator lights inoperable. After replacing the tyre, the driver continued on his journey for a considerable distance with lights that weren’t in working order. 

A DVSA investigation found that the driver of the vehicle didn’t possess the necessary driving entitlement or a driver CPC, while the vehicle was operating without an MOT. Few safety inspection records were available for scrutiny and the operator couldn’t produce any tachograph data.

Nick Denton described the actions of the operator as “a grotesque failure” to abide by many of the requirements for safe and lawful operation of vehicles. Revoking the firm’s licence was an “inevitable” outcome.

The most serious cases of non compliance can also lead to criminal convictions and fines. Recently, the director of a company and a HGV supervisor were convicted for causing or abetting dangerous driving after a vehicle involved in a crash was found with 18 safety related defects.

The judge described the vehicle as an accident waiting to happen and said the risk of harm posed was “at a level of death” after a member of the public was left with life changing injuries.

The pair involved were fined sums of £9,000 and £2,000 respectively. They’d previously been dealt with by Nick Denton at public inquiry, where the licence was revoked and the director disqualified for eight years.

Allowing vehicles which are not roadworthy to be driven on public roads should never happen. Operators who let standards fall don’t just put their licences at risk, they also risk people’s lives.

READ: Traffic commissioner written decisions on public inquiries

SHARE: DVSA's Guide to Maintaining Roadworthiness (new edition)



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From Monday 4 June 2018, learner drivers will be able to take driving lessons on motorways in England, Scotland and Wales.

This will help to make sure more drivers know how to use motorways safely.

How the change will work

Learner drivers will need to be:

  • accompanied by an approved driving instructor
  • driving a car fitted with dual controls

Any motorways lessons will be voluntary

It will be up to the driving instructor to decide when the learner driver is competent enough for them.

Until the law changes, it’s still illegal for a learner driver to drive on a motorway.

Find out how the rules will work in the full announcement



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Traffic Commissioner says “name only” transport managers place operator licences at risk

SimonEvansAre you confident about the work your transport manager is doing to ensure compliance?

In his annual report for 2016/17, the North West Traffic Commissioner, Simon Evans, highlighted the issue of transport manager accountability.

At public inquiry, he’s seen far too many transport managers fail to provide evidence of what they’ve done to manage the transport operations.

It’s an issue every licence holder should be alive to. Professional competence is a mandatory requirement for your licence.

In a recent case, a Bolton operator admitted his transport manager hadn’t carried out his role in any fashion. The transport manager was actually acting as an agent to find work for the operator’s vehicle.

Mr Evans described the licence as a “shambles right from the outset” with DVSA reporting a number of shortcomings and serious failings.

The Traffic Commissioner said the transport manager had lost his repute and would be disqualified. He’d acted “in name only”, which is unacceptable for any transport manager or licence holder to allow. The operator also lost his licence and was disqualified.

In his annual report, Mr Evans said transport managers can’t exercise continuous and effective management of the transport operations if they aren’t recording their personal activity in the business. This could be a letter, internal report, memorandum to directors or instructions to drivers.

More guidance about the role and responsibilities of transport managers is available here.



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From Monday 5 March 2018, DVSA traffic examiners will start issuing on-the-spot fines for any drivers hours offences committed in the last 28 days.

Traffic examiners will issue fines for up to 5 drivers' hours offences in a single check.

The change was first announced in September 2017, and we’re now able to confirm the start date.

Find out more about the changes to drivers' hours fines.



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