Senior Traffic Commissioner Richard Turfitt is warning operators facing a Public Inquiry (PI) to take “robust and immediate action” over safety concerns – or risk losing their licence.
He says that “insufficient and ineffective changes” will lead to Traffic Commissioners (TCs) to question whether the O-Licence can continue
He also says Transport Managers (TMs) will be called to account for failures
Mr Turfitt’s intervention comes after he revoked a Fenland-based tipper operator's licence because shortcomings were not rectified and a subsequent audit also identified ongoing issues. He also banned the TM and ordered him to pass a fresh TM CPC exam.
Malcolm Mandley, trading as Mandley Bros, did not produce up to date preventative maintenance inspection sheets at a Cambridge PI, while earlier safety records suggested there had been a failure in driver defect reporting. Mr Mandley also didn’t introduce dynamic brake tests, despite DVSA advice in January.
Says Mr Turfitt: “Operators should be aware of how TCs decide what action to take. The STC’s publicly-available Statutory Guidance explains that TCs have to be proportionate and make findings on the day of the inquiry. This takes into account any improvements made prior to the hearing.
“But in some cases the present is simply the culmination of past events. There are instances where revocation is justified even at the first PI because the operator has already had the chance to put things right by the date of the hearing but failed to do so.
“It is really important for operators to be proactive at all times when it comes to their vehicle and driver safety regimes, but especially so where they have been put on notice – whether by the maintenance contractor, an auditor or DVSA – of failures or shortcomings. These must be addressed immediately and documented.
“Operators should be attending a public inquiry with evidence of what they have done to rectify the issues and be able to show improvements in the compliance regime, if they don’t want to face the possibility of losing their licence.”
Licence holders who are called to a public inquiry are required to bring a number of documents to the hearing, notice of which is given at least five weeks before the inquiry date. This includes:
- Evidence of financial standing for the vehicles authorised on the licence
- PMIs and driver defect reports covering a three-month period
- Evidence of systems for ensuring compliance with drivers’ hours and tachograph legislation
