Public Inquiry: Case Study Synopsis
This is a case study concerning Public Inquiry. Operators of commercial vehicles have many important responsibilities under the Goods Vehicles (Licensing of Operators) Act 1995 and Public Passenger Vehicles Act 1981.
An operator licence is required for all vehicles over 3,500kg used for commercial purposes. An operator licence will only be issued to those that agree to licence undertakings and conditions. Compliance and roadside enforcement of the regulations is conducted by the Driver & Vehicle Standards Agency (DVSA), any serious breaches are referred to Government appointed Traffic Commissioners. The Traffic Commission have the power to order a Public Inquiry into the conduct of any operator holding an operator licence, and they possess the power to revoke a licence, add conditions to a licence, or reduce the number of vehicles on a licence.
Having been called-up to a Public Inquiry following a number of instances of insecure and overloaded vehicles and a recorded MOT failure, a scaffolding company decided to seek external advice in regard to the overall level of compliance within the business, so that they may address the failings and convince the Traffic Commission that they were seeking to improve and become fully compliant with the regulations. The scaffold company invited national transport management consultancy GVL Management Limited, an approved DVSA auditor, to audit and evaluate the compliance systems and procedures and provide feedback on areas for improvement.
- DVSA roadside stops on scaffold vehicles commonly uncover safety-related defects and in many instances’ prohibition notices are issued. The company received a delayed prohibition notice on the vehicle but was able to continue on its journey to site, however the interaction with the authorities was logged as negative and this had a detrimental impact in the Operator Compliance Risk Score (OCRS a traffic light-based system of green, amber, and red)
- Follow up visit by DVSA identified that vehicle and driver records were not accurately completed and that the correct systems and procedures were not put in place to enable the operator to maintain regulatory compliance.
- The follow up visit also identified an extra number of vehicles kept at the Operating Centre which exceeded the number of vehicles authorised on their operator’s licence.
- There were no records for the past 15 months. Transport management documentation must be readily available to the Traffic Commission for inspection.
- The driver handbook was not updated for several years and required revision.
The Solution
An external, independent audit of compliance systems was conducted by DVSA Earned Recognition Approved Auditors – GVL Management Limited. This was followed up with consultancy support to deliver on the audit recommendations until a fully compliant transport management system was introduced.
The improvements included the appointment of an external Transport Manager taking the responsibility for the operator’s licence, supporting the operator in leading the improvement project in line with audit recommendations.
- Ensure vehicles are not overloaded and that the vehicles will operate within given speed-limits.
- Ensure vehicles are kept fit and serviceable.
- Ensure drivers promptly report any defects or the symptoms of defects that could prevent the safe operation of the vehicle and that any such defects are immediately reported in writing.
- Ensure that the number of vehicles kept at the operating centre do not exceed the number of vehicles authorised.
- Ensure all records are accurately completed and that the correct systems and procedures are put in place to enable the operator to maintain regulatory compliance.
Necessary document revisions were completed and further recommendations including driver training were made in relation to day to day management of the fleet department.
