Revised guidance for traffic commissioners published

Beverley Bell, the senior traffic commissioner for Great Britain, has published a revised set of statutory documents, which outline a common approach for the way traffic commissioners (TCs) regulate commercial vehicle operators.

According to the STC’s office, the documents – the first editions of which were introduced in 2011 – have been reviewed and amended in order to help reduce the burden on compliant operators, while targeting those who “put road safety at risk”.

“The changes to the statutory documents are designed to streamline processes, extend delegation to our staff and give better guidance so that decisions can be made more quickly,” said Beverley Bell. “These changes will help to deliver a more efficient and effective licensing regime for compliant operators.”

Dr Nigel Kirkwood (pictured, below), director of Tachograph Analysis Consultants Ltd which specialises in providing transport-related legal support, told Transport Operator: “For goods and passenger operations alike, these documents are absolutely invaluable in providing greater clarification.”

Key changes cited by the STC’s office include a streamlined process for the direct replacement of transport managers (TMs) and additional nominations, a new approach to TMs’ working hours and – for the first time – a TM role description and set of expectations.

The types of activity which the guidance identifies as being expected of a TM include: auditing and reviewing compliance systems to ensure they are effective; reviewing any shortcomings such as annual test failures or prohibitions; ensuring relevant changes are notified in accordance with O-licence requirements; and keeping up-to-date with relevant changes in standards and legislation.

“Other activities include driver and vehicle administration, management and operation,” said Dr Kirkwood. “The point is made [that] TMs retain legal responsibility regardless of whether activities are delegated. The minimum knowledge to be taken into consideration for the official recognition of professional competence is also detailed.”

The documents also feature new guidance on driver conduct, including case studies which operators can use to train and educate their employees.

“Referring to the behaviour and standards expected of a professional driver, this document outlines the importance of the responsibilities of individual drivers including attitudes to road safety,” said Dr Kirkwood.

“Drivers are expected to be fully conversant with relevant legislation, the evasion of which cannot be attributed to following employers’ instructions.

“Whilst TCs are not a prosecuting authority, the document also provides details [regarding the areas of] cautions, written warnings, driver conduct hearings, the rehabilitation of offenders, sex offenders register etc.”

Among the other areas covered by the documentation are the concepts of good repute and fitness for operator licence (O-licence) applicants and holders.

“It provides circumstances of conduct and other issues that may cause a TM to jeopardise repute. It goes on to examine responsibilities should a TM leave, or good repute is lost,” said Dr Kirkwood.

Appropriate financial standing is also reviewed.

“Different sources of acceptable finance are itemised together with how the availability of that finance may be assessed.

“The amounts required, based on a cost per initial vehicle, then subsequent vehicles, are defined. In some circumstances in which financial standing cannot be demonstrated, a TC may, though is not required to, provide a period of time to rectify the situation.”

In a document on operating centres, meanwhile, “Areas when considering an operating centre are described, including land usage, environmental considerations, number, type and size of vehicles, operating times, parking arrangements etc,” said Dr Kirkwood.

“Advertising of proposals is detailed, together with the how potential objections can be raised, and by whom.”

In a document on legal entities, “guidance as to the different types of legal entity associated with O-licences is provided,” he continued.

“These can include companies, partnerships, limited liability partnerships (LLP), unincorporated bodies (perhaps a club or association), community interest companies, trusts, charities, schools etc. The importance of keeping details updated including changes in entity, and registering changes, is stressed.

“It reviews directors, shadow directors, the “controlling mind”, the lifting of “corporate veils” to prevent individuals hiding behind limited liability status, director disqualification etc.

“Also considered are areas including death, bankruptcy, sequestration, insolvency, receivership, voluntary arrangements etc.”

The changes to the statutory documents will also introduce processes geared towards taking less serious cases out of public inquiry listings, thereby allowing tribunal resources to be targeted at the serially non-compliant.

Dr Kirkwood concluded: “These documents are extensive and thorough, providing 395 pages of clarification, explanation and guidance, and should be enthusiastically welcomed by all.”

All of the statutory documents are available to read here.