Reminder of responsibilities and statutory duties issued after indefinite disqualification for TM
West Midlands Traffic Commissioner (TC) Nick Denton has reminded Transport Managers (TMs) of their statutory duties and responsibilities after he issued an indefinite disqualification order against a TM who became a full-time driver and failed to carry out a TM’s duties.
Additionally, the TM should have been checking that drivers were not breaking rules, but was himself committing offences when driving.
Philip Haynes-Smith resigned from his post with Masters Haulage in February 2017 after not having carried out the role of TM for five years. He was found to have a “worrying lack of knowledge” of drivers’ hours rules.
Mr Denton ruled that Mr Haynes-Smith had lost his good repute as a TM at a Birmingham Public Inquiry on Tuesday last week (18 July).
“A TM’s responsibilities cannot be negotiated or neglected,” says Mr Denton. “It is never acceptable for the TM named on an O-Licence to simply stop carrying out their duties.
“Where circumstances change, TMs must be proactive. If the TM is asked to take on another role in the business and that affects their duties, they must speak to the licence holder immediately.
“If their concerns are not addressed, TMs should recognise the potential impact on their own repute and professional competence.”
A DVSA investigation into Masters Haulage found the Mr Haynes-Smith was a full-time driver and therefore was not fulfilling the role of TM. His knowledge of drivers’ hours rules was “practically non-existent.”
The investigation also found a host of other issues, including extended inspection intervals and no evidence that the operator was checking what records its drivers was keeping and whether they were committing offences. The O-Licence was revoked with immediate effect.
