James Backhouse of law firm Backhouse Jones has warned UK coach operators to brace for increasingly stringent regulatory scrutiny as Public Inquiries (PIs) become more rigorous and complex.
Speaking at the UK Coach Operators Association (UKCOA) conference on 10 March wherein he explored recent regulatory trends, Mr Backhouse highlighted how the landscape for compliance has shifted dramatically over recent decades.
Among the concerns raised were the introduction of “Senior Team Leader” meetings, which have emerged as a lower-level alternative to full PIs, often dealing with single-issue cases such as accessibility requirements under PSVAR; the rise in preliminary hearings (which while lacking formal powers, should be treated with the same gravity as full PIs) and the growing prevalence of ‘Propose to Revoke’ letters, automated and issued when a transport manager resigns. In the event of the latter, Mr Backhouse advises operators to seek a Public Inquiry immediately to halt any revocation process.
Use of Remote Enforcement Letters has similarly increased, with Mr Backhouse noting these can be “difficult to survive without criticism” and are often cumbersome to manage.
The industry is also witnessing a rise in conjoined hearings involving both operators and drivers, particularly in the case of bridge strikes, tachograph breaches and Category D licence fitness assessments. Mr Backhouse warns that “drivers often get defensive” in these scenarios, and suggests adequate support be put in place ahead of regulatory proceedings.
Operators are otherwise urged to be vigilant about trigger events such as roadside prohibitions or maintenance failures, which frequently precipitate PIs. Mr Backhouse stresses the value of early audits and risk assessments to present a proactive compliance stance to DVSA.
Upcoming regulatory changes, including revisions to the Guide to Maintaining Roadworthiness (GMRW), and stricter assessments of maintenance providers, were also flagged. The new rating scheme, ranging from one to five stars, will soon be introduced to improve quality control in third-party maintenance services. Operators should consult the new GMRW in April, when detail of those changes, and the assessment criteria, is expected to be published.
Further concerns were raised about changes to financial standing requirements, particularly for group companies. Mr Backhouse has criticised the current guidelines as “burdensome” and confirmed that those requirements have been challenged.
On legislative trends, he reveals that Traffic Commissioners continue to push for tribunal powers, which Backhouse Jones opposes, citing concerns over a risk of “increased bureaucracy”.
Meanwhile, with the rising use of enforcement technologies such as ANPR data and under-vehicle cameras, and the anticipated move to Smart Tachograph version 2, Mr Backhouse encourages coach operators to keep on top of the PSV375 guidance.
