Traffic Commissioners are continuing to see pressure on funding, and that could come to impact the ability of them to regulate effectively, they say
The impact of funding pressure on their work is once again at the forefront of the Traffic Commissioners’ (TCs) annual report for 2018-19. Its extent means that their ability to regulate is “at risk” if resources are not maintained, says Senior TC Richard Turfitt.
Lack of financial backing from the government has already impacted the TCs’ ability to meet their previously outlined strategic objectives, as the report demonstrates.
As an example, targets for O-Licence application processing times have not been satisfied, although that once again is thanks to some applicants not supplying all the required information at the first time of asking despite repeated exhortations that they do so.
A more positive sign is the indication delivered in a draft report showing that, when TCs intervene via Public Inquiry (PI), operators involved improve their compliance to align it with that of most of their peers.
“It is useful to have confirmation that our primary intervention is effective and that it does influence behaviour towards sustained compliance,” says Mr Turfitt (pictured).
However, the Senior TC accepts that to further propagate effective compliance, he and his colleagues need to better understand industry sectors and operator types. Doing that forms one of several refreshed strategy targets to 2021. They will commission an analysis to help them achieve that.
DVSA involvement
Hints are dropped in the report that the relationship between TCs and DVSA is not all that it may be. The enforcement agency is heavily involved in one of the TCs’ primary current aims: To improve the standard of service delivered.
Much is made of what the TCs “require” of DVSA in that regard. But TCs’ offices also need to deliver improvements of their own, the report continues.
It sets out a target for decisions on new and major variation applications that do not need to go to PI of 35 working days. The same aspiration was outlined in 2017; this year’s report acknowledges that was overly ambitious.
While it is unclear whether additional resource will be introduced to help deliver the restated target, additional performance measurements along with greater transparency will be. Auditing to demonstrate that the support offered to TCs to meet their expectations will also begin soon.
A notable development is the suggestion that ‘virtual hearings’ using secure video technology could be introduced. Consideration will be made, with a report on their feasibility due by April 2020.
The good news
TCs wish to improve their communication with all operators, not just those that are members of trade bodies or attend seminars and other events. While TCs accept that more work is needed in that field, exercises already undertaken have delivered benefits.
One of those relates to brake testing, which had become “an issue of real concern.”
Although brake issues dominate reasons for MoT failure, great improvements have been made. But issues remain of vehicles being brake tested unladen and where operators or Transport Managers fail to understand the information on printouts.
Problems are also commonplace around change of entity. Mr Turfitt and his predecessor have raised this matter previously, but the report states that there is still “ignorance” of the legal restrictions surrounding non-transferability of O-Licences.
The use of walk-round inspection record sheets that are out of date is a further issue. Some operators would also “benefit from… lessons on treating these documents with more care,” says the report from TCs for England.
Timely downloading of data from both digital tachograph cards and vehicle units is a further area of concern, as is doing nothing with it even when it is obtained.
Bridge bashing
Other areas of worry where drivers are involved concern bridge strikes and self-employment.
“The self-employed fiction is a curse; it is simply a device for operators to evade their responsibilities to make National Insurance and pension contributions and [to] thereby obtain a competitive advantage,” says the report.
Instances of vehicles contacting bridges are “unacceptable” in number, it continues. Although LGVs are usually to blame, the TCs write that it is time for operators to view the matter seriously and take responsibility.
That extends to drivers being given route planning assistance and measurement conversion charts. Regulatory action against those operators who fail to act is “a real possibility,” as it is for drivers involved.
The number of coach and bus operators called to PI in 2018-19 was 153, significantly down from 181 in the previous 12 months. Of those, 65 saw their O-Licences revoked. There was no action taken on 18 occasions.
