Vehicle maintenance and driver control problems have resulted in the O-Licence held by Dolphin Autos (Norwich) having its vehicle authorisation from 56 vehicles to 40 by Traffic Commissioner (TC) Richard Turfitt following a Cambridge PI.
The company attended a preliminary hearing before DTC John Baker in 2021 following the issue of an S-marked prohibition. He was told of the issue of three prohibitions at a fleet check, that driver detectable defects were only identified at preventative maintenance inspections (PMIs), and that a vehicle presented for annual test on 10 August 2021 had attracted an S-marked prohibition notice for a long-standing safety defect.
There were minor discrepancies identified within the inspection records, with some vehicles not being signed off. Some tyre condition boxes were not completed and, although brake efficiencies had been recorded, the type of brake test had not. The DTC was satisfied that sufficient steps had been taken to address those concerns that he could dispose of the case with a warning.
The company was subsequently the subject of 17 encounters from 3 November 2021 to 11 May 2023, resulting in three immediate and six delayed prohibition notices. A subsequent audit report suggested that PMI intervals had been exceeded and that inspection records continued to disclose a high level of driver detectable defects, which had not been recorded or rectified elsewhere.
A further DVSA maintenance investigation was triggered which was carried out in May 2023. Six vehicles were checked, and one immediate and two delayed prohibitions and a defect notice were issued. The Vehicle Examiner (VE) was concerned by the approach to brake performance testing and the occasions when it was undertaken suggested that it was “too wet” to check the brakes.
For the company, it was suggested that it was adversely impacted by damage and vandalism caused by students. Reference was made to seat belts being cut, burnt, twisted, and otherwise damaged, after they had been checked before departure; seats were said to have been slashed, broken or otherwise damaged. Reference was made to the involvement of police and efforts to recoup costs from schools and parents. There was a suggestion that the company might surrender contracts because of the cost of the damage and the risk of prohibition notices.
Cutting the O-Licence, the TC said that the challenge in tackling the driver culture and approach to driver defect reporting was also referred to. An instruction had been issued to drivers to carry out an additional check, particularly after school runs, but that was not reflected in any written instructions.
Two drivers had been dismissed for a failure to carry out their duties effectively.
TC Turfitt noted the improvements in record keeping, but that the driver reporting process still required updating. The culture must improve, and drivers should understand the standards expected of them.
He took account of the VE’s positive comments, and the improvements to date, but also of the need to ensure action in respect of brake testing and driver defect reporting. He made it clear that there would be even more significant intervention if there were further reports of non-compliance.
