TC briefs conference on common fleet failings
Failure by transport managers to exercise “continuous and effective” control over operations was highlighted by West Midlands traffic commissioner (TC) Nick Denton as one of the major reasons for operators being called to public inquiry, when he gave the keynote address to the Freight Transport Association’s final Transport Manager Conference of 2018 in Birmingham.
Other significant factors included six-weekly vehicle inspections either being missed or poorly documented, driver daily checks not being done properly, failures to download or analyse tachograph data, and the fitment of AdBlue emulators.
In the last year, TC Denton heard 182 public inquiries, where he revoked 57 licences, disqualified 39 directors, and ended the good repute of 32 transport managers. 52 operators had their O-licences curtailed or suspended.
TC Denton reported that some operators were still trying to use titular transport managers, CPC-qualified individuals who lent their name to an O-licence application but took no real part in the running of the business.
“Sometimes, the first time the operator meets his transport manager is in my inquiry room,” he recounted.
“Zombie companies” were another issue.
“In the last six months there were 750 O-licence revocations for being insolvent across Great Britain. There are a lot of zombie companies out there with directors who apparently don’t realise they can’t take an existing O-licence to a new company.”
Changes to the Senior TC’s Guidance to Operators meant that transport managers should undergo continuous professional development, just as drivers had to.
“I obtained my CPC five years ago and did a two-day refresher with the RHA recently,” he reported. “I learned quite a lot.”
The employment status of drivers was also in the spotlight.
“Is it legitimate to engage a driver as a self-employed individual or a limited company?” he asked.
“Genuine self-employment in this industry is very rare, unless the driver has his own truck and O-licence,” he cautioned.
When a named transport manager leaves a company, the operator now has a six-month period of grace in which to appoint a qualified replacement, or the O-licence is abolished.
Transport operators were going to have to embrace the online world: the aim for 2019 was that all licence applications and variations would be made online.
While 80 per cent of the TCs’ time was spent dealing with operator issues, they also represent the transport secretary in dealing with the fitness of drivers.
“Conduct also includes the driving of private cars and, in the case of PSV drivers, criminal conduct,” TC Denton reminded delegates.
“We get referrals from DVSA, DVLA and the police,” he reported.
The TCs’ powers include suspension and revocation of vocational licences. They can also disqualify drivers, order retesting and refuse to grant a licence after a test pass.
Mobile phone abuse was a common issue, with the standard punishment being four weeks’ suspension for the use of a hand-held phone while driving a truck or bus.
TC Denton said he saw about 15 drivers a week, with each usually getting a 10-minute slot.
“Lawyers are rare,” he said.
DVLA was the main source of referrals. Besides mobile phones, other common referrals were for drunk or dangerous driving.
In the case of drivers’ hours offences, these were usually linked to poor management by the driver’s employer, and were often co-joined with a public inquiry into the operator’s fitness to hold an O-licence.
