By using this site, you agree to the Privacy Policy and Terms & Conditions.
Accept
routeonerouteonerouteone
  • News
    • Show all
    • Awards & Events
    • Deliveries
    • Environment
    • Exhibitor News
    • Euro Bus Expo 2024
    • Features
    • Legal
    • Minibus and minicoach
    • Operators
    • Opinion
    • People
    • Suppliers
    • Vehicles
  • Vehicles
    • Find a Vehicle
    • ZEV Comparison Tool
    • Sell a Vehicle
    • Vehicle Seller Dashboard
  • Insights
  • Careers
  • Events
    • British Tourism & Travel Show
    • Euro Bus Expo
    • Innovation Challenge
    • Livery Competition
    • routeone Awards
  • Advertise
  • Contact
    • Share your news
    • Subscribe
    • Update Subscription Details
  • Latest Issue
  • SIGN UP
Search
© 2024 routeone News. All Rights Reserved.
Reading: STATUTORY GUIDANCE IS REVISED
Share
Font ResizerAa
routeonerouteone
Font ResizerAa
Search
  • News
    • Show all
    • Awards & Events
    • Deliveries
    • Environment
    • Exhibitor News
    • Euro Bus Expo 2024
    • Features
    • Legal
    • Minibus and minicoach
    • Operators
    • Opinion
    • People
    • Suppliers
    • Vehicles
  • Vehicles
    • Find a Vehicle
    • ZEV Comparison Tool
    • Sell a Vehicle
    • Vehicle Seller Dashboard
  • Insights
  • Careers
  • Events
    • British Tourism & Travel Show
    • Euro Bus Expo
    • Innovation Challenge
    • Livery Competition
    • routeone Awards
  • Advertise
  • Contact
    • Share your news
    • Subscribe
    • Update Subscription Details
  • Latest Issue
  • SIGN UP
Follow US
© 2024 routeone News | Powered by Diversified Business Communications UK Ltd
- Advertisement -
-
routeone > News > STATUTORY GUIDANCE IS REVISED
News

STATUTORY GUIDANCE IS REVISED

routeone Team
routeone Team
Published: January 9, 2017
Share
SHARE

Few things are certain in an encounter with Senior Traffic Commissioner (STC) Beverley Bell, but those who have heard her speak at industry events will know that Mrs Bell is very likely to encourage operators to read her Statutory Guidance documents.

She stresses the importance of doing so often, and for good reason. The Statutory Guidance is issued to TCs, and it largely governs their actions when dealing with operators. While the vast majority of the latter never need to explain themselves to a TC, it pays to be prepared.

The documents have been revised by Mrs Bell with effect from 3 January. While many of the changes made are relatively minor, operators are strongly advised to read the documents. Although the more notable alterations are less significant than some seen in the past – forearmed is forewarned.

Competence lost

A new paragraph has been inserted in document three, which concerns Transport Managers (TMs). It states that “where a TM has failed to live up to the standards expected, the correct approach is to consider making a finding in respect of the TM’s repute.”

Loss of a TM’s professional competence may only be found under certain circumstances, the guidance continues.

“It is not open to a TC to find loss of professional competence unless there is a finding that the TM has never been professionally competent, or that there has been a previous declaration that the TM was unfit by reason of loss of good repute and has already had their certificate of professional competence (CPC) suspended.”

TCs may make other findings concerning a TM’s professional competence, the document says.

“There will be instances where it will be open to TCs to make a finding that a purported TM does not hold a valid CPC.

“Examples may include where it was forged, the holder was not entitled to the certificate in some other way, or that it has been suspended as a result of a finding of a loss of good repute elsewhere.”

For the benefit of TMs who find themselves in any of these situations, Mrs Bell tellingly adds a caveat. “The Upper Tribunal has indicated that, in such instances, it would be difficult to envisage circumstances in which such a finding would amount to a ‘disproportionate response’.”

Saying grace

A further change to the Statutory Guidance concerning TMs is in relation to grace periods for the appointment of a new post holder.

“There is scope for the TC to allow a period of grace of up to six months where the TM no longer satisfies the requirement as to good repute or professional competence. Any approach has to ensure fairness to all operators,” reads the document.

A period of grace is allowable to rectify unsatisfactory situations concerning the TM, but its granting is not guaranteed, the Upper Tribunal has ruled.

It has declared that TCs “will need tangible evidence, beyond mere hope and aspiration, that granting a period of grace will be worthwhile, and that there are reasonable prospects for a good outcome… there is no point in granting a period of grace if the likely effect is just to put off the evil day when regulatory action will have to be taken.”

A further paragraph in the guidance document adds that, when it is found that no accepted TM is in place for other reasons, the TC may allow up to six months to find a replacement. While any grace period is ultimately decided by the TC, in the case of death or physical incapacity of the TM, there may be an extension by a further three months.

Welsh phrases

A notable inclusion in the revised Statutory Guidance document nine concerns Welsh operators.

Where all “individual parties” – not including a government department or agency – are resident in Wales, or where the TC has classified it as a Welsh case, the Welsh language may now be used by any party or witness, or in any document placed before the TC, or at any hearing, including a Public Inquiry (PI).

Letters from the Welsh Area Traffic Office will contain advice that a PI can be held in the Welsh language, provided that a request is made by the subject at least 21 days in advance.

Whenever the Welsh language is used, the PI, “must take place at a venue with simultaneous translation facilities,” says the guidance.

The guidance also states that staff at the Office of the Traffic Commissioner acting under the delegation of the Welsh TC must ensure that an approved interpreter is present.

routeone comment
Operators, particularly the vast majority that obey the law, will be relieved that Beverley Bell’s final revisions to the Statutory Guidance documents are relatively minor. 

The minimum hours of work expected for a TM to maintain effective control remain the same, but worthy of note is that the revised levels of financial standing are included. For an operator of 10 PCVs, the required sum has risen by a considerable 17.6%. 

The next revision will be undertaken Mrs Bell’s as-yet unnamed replacement. It remains to be seen whether they stick to the ‘softly softly’ approach, or make more widespread changes.

Find out more

Statutory Guidance Documents at https://www.gov.uk/government/collections/senior-traffic-commissioner-statutory-guidance-and-statutory-directions

In short

Statutory Guidance documents

The Statutory Guidance Documents are issued by the Senior Traffic Commissioner and they explain the legal basis and the way that Traffic Commissioners will approach and exercise their statutory functions.

There are 15 documents, most – but not all – of which are revised annually and are a key part of the regulation of the PCV and LGV industries.

TAGGED:BusCoachDiversified CommunicationsMagazineMiniPlusrouteONE
Share This Article
Facebook LinkedIn Threads Email Copy Link
Previous Article Carl Yeaman is Director of Engineering at Trentbarton
Next Article Manage your tyres with Vacu-Lug’s assistance
- Advertisement -

Latest News

Temsa HD12 and HD13 delivered to Cresta Coaches under Asset Alliance rental deal
Temsa pair join Cresta Coaches on Asset Alliance rental agreement
Deliveries
Go-Ahead London – Managing Director
Careers Jobs
andy burnham tfgm £15.6 billion (1) The funding announced by Chancellor Rachel Reeves today (4 June) has been allocated to several combined mayoral authorities to use on rail, tram, road and bus infrastructure. Transport for Greater Manchester revealed today that part of the £2.5 billion it will receive will go towards making the Bee Network fully battery-electric by 2030. An as-yet undecided portion of that will support a planned investment in 1,000 new zero-emission buses over that period, the mayoral authority said. That is part of plans to build the UK's "first fully integrated, zero-emission public transport system", with trams and trains also set to benefit. Liverpool City Region's already announced BRT system is among the projects to which its £1.6 billion will be allocated. Under those plans - due for realisation by 2028 - a high-speed network will be served by articulated buses which are modelled on the 'Glider' in Belfast. It is due to link Liverpool city centre with John Lennon Airport, and Liverpool FC and Everton FC's respective stadia along three routes. Although the model of bus has not been confirmed, a Van Hool Exqui.City on loan from Belfast was last year used as a demonstrator. That 18m vehicle can accommodate around 30% more passengers than a typical bus and has three sets of double doors. The funding will also go towards buses elsewhere in the city as the region heads towards franchising services by 2027. Liverpool Mayor Steve Rotheram with a 'Glider' which was on loan from Belfast last year - an example of the sort of bus which could serve the new BRT Bus services in the East Midlands region will be boosted by the funding, thanks to the £2 billion handed to it today by the government. Some of that allocation will be used for a rapid transit network on the Trent Arc between Nottingham and Derby. Between the two cities, the Freeport, Infinity Park Investment Zone and Ratcliffe-on-Soar will also benefit from the improved bus services. South Yorkshire Mayoral Combined Authority's newly announced commitment towards bus franchising has been boosted by £350 million in funding as part of that region's allocation. The funding for West Yorkshire will help build new bus stations in Bradford and Wakefield. Likewise, the Tees Valley Mayoral Authority will put its sum towards a new £15 million bus station in Middlesbrough. Transport Secretary Heidi Alexander says: "Today marks a watershed moment on our journey to improving transport across the North and Midlands – opening up access to jobs, growing the economy and driving up quality of life as we deliver our Plan for Change. "For too long, people in the North and Midlands have been locked out of the investment they deserve. With £15.6bn of government investment, we’re giving local leaders the means to drive cities, towns and communities forward, investing in Britain’s renewal so you and your family are better off."
TfGM’s all-electric bus plan boosted by new £15.6 billion package
News
Local Transport Minister opens First Bus electric depot in Hengrove
Local Transport Minister opens First Bus electric depot in Hengrove
Bus
- Advertisement -
-

routeone magazine is the indispensable resource for professional UK coach, bus and minibus operators. The home of vehicle sales and the latest bus and coach job vacancies, routeone connects professional PCV operators with complete and unrivalled news coverage.

  • Terms & Conditions
  • Privacy Policy
  • GDPR Policy
  • Sustainability
  • Advertise
  • Latest Issue
  • Share Your News
routeonerouteone
Follow US
© 2024 routeone News | Powered by Diversified Business Communications UK Ltd