Proper use of vehicle-mounted accessibility equipment and the impact that leaving Driver CPC training to the last minute could have on the outcome of a driver conduct hearing are among many considerations within a review of the approach that Traffic Commissioners (TCs) take when regulating the conduct of vocational drivers.
A consultation on that exercise has been opened by outgoing Senior TC Richard Turfitt and captures various proposed changes to statutory document 6 on vocational driver conduct.
Mr Turfitt says that the review is vital “in ensuring that we are regulating vocational drivers in a way that is effective and proportionate to the risk they pose to other road users.” He has called on the industry and its stakeholders to respond “to make sure that our guidelines are fair, consistent and transparent.”
It is the first review of the approach to vocational driver conduct since 2019. Mr Turfitt says that the statutory document in question “is a critical component of our regulatory framework.”
Proposed changes are within an amended version of the document posted on the gov.uk website. Specific areas of interest relate to:
- Achieving consistent regulatory outcomes for drivers by considering the risk they post to other road users
- The referral and starting point for regulatory action against drivers
- Delegation of matters to staff acting on behalf of the TCs
- Use of case studies in the statutory document.
Some proposals represent tidying, clarification or consolidation of existing guidance. An obvious change is revising what are currently regarded as aggravating and mitigating factors around driver conduct into negative and positive features, as used by a TC when considering a sanction at a driver conduct hearing.
Added to the non-exhaustive list of negative features are failing to undertake Driver CPC training in a timely and structured manner and failing to provide reasonable assistance to a disabled person under PSVAR.
In the former case, that is accompanied by the proposed note that TCs should “expect drivers to fully engage in identifying the training that they will most benefit from,” and that leaving such efforts to the last minute will be looked upon negatively.
For PSVAR, a proposed addition to the statutory document notes how drivers must ensure that they are trained to use vehicle-mounted accessibility equipment. “A failure to provide reasonable assistance will be regarded as a conduct issue,” it adds.
Changes to the non-exhaustive list of positive features on driver conduct include addition of engagement with an operator’s systems, disciplinary process and training to prevent a repeat of misconduct; a lack of monetary gain; and attendance at a drink-drive rehabilitation or speed awareness course.
The consultation additionally seeks views on how the profile of the TCs can be raised among vocational drivers. An initial gathering of feedback and information from key stakeholders in late 2024 showed that those drivers are “generally unaware” of the role of the TCs.
A set of six questions form part of the consultation. It will close on 29 May. Responses can be made via either email or post.
Access the consultation documents here.
