Traffic commissioner: some operators ‘no idea’ how to use tachos

Nick Denton, the traffic commissioner for London and the South East, has raised concerns about some restricted licence-holders’ neglect of their legal duties when it comes to digital tachographs.

The commissioner recently suspended a scaffolding firm for 21 days as a result of “serious and prolonged drivers’ hours shortcomings”. Park Lane Scaffolding Ltd and driver employees had been reported by DVSA for various infringements, including failing to obtain a company tachograph card and digital download equipment several months after having purchased a vehicle with a digital tachograph.

Mr Denton, who also singled out scaffolders for criticism in his recently released annual report, said he had seen several cases at public inquiry of restricted operator licence holders running vehicles with digital tachograph, despite having “no idea how to use them.”

He criticised the directors of Park Lane Scaffolding Ltd for failing to acquire a company card, despite being informed they needed one by a DVSA traffic examiner. His investigation revealed that one driver had worked for 12 consecutive days before taking a weekly rest, that drivers were breaching the regular weekly rest requirement, and that one driver had been allowed to use a digital tachograph vehicle without a tachograph card.

In addition, Mr Denton concluded that the firm “was not undertaking any analysis of analogue charts either as several obvious centrefield offences had been missed.”

The firm was not new to public inquiry, having previously appeared in July 2012 for shortcomings including drivers’ hours oversight, at which its licence was suspended for two days. Despite having being given assurances that the director responsible for drivers’ hours was on top of the situation, that guarantee had proved “worthless”, Mr Denton said at the latest hearing.

He added: “It is also dispiriting that [the company’s representative] Mr Papps has today sought to give exactly the same explanation for the continued failings (a recent move to 7.5-tonne vehicles) that he gave in July 2012. This excuse simply does not wash.”

Ordering that the company’s licence be suspended for three weeks, Mr Denton observed that his previous order had failed to inspire the business to make any effort to observe the drivers’ hours and tachograph rules.

“I consider a much lengthier suspension now to be necessary to bring home to the company the seriousness of the issue of compliance with drivers’ hours and working time rules and to give the company time to get its house in order… I came very close to revoking the licence entirely.”

The terms of the suspension mean that vehicles specified on the operator licence cannot be used on another licence. Four undertakings were also required by the commissioner, including that a CPC-qualified transport manager would be appointed to advise on and ensure compliance.

Reflecting on other recent public inquiries involving restricted licence operators, Mr Denton called for a significant improvement in standards.

“It is simply not acceptable for operators to purchase vehicles fitted with digital tachographs and then run them without bothering to find out what the legal requirements relating to digital tachographs are.

“The legal requirements are not a state secret – they are clearly set out on the government website, and trade bodies such as the RHA and FTA, as well as the trade press, are constantly issuing advice.

“Too many operators seem to be content to get their advice on digital tachographs from a bloke down the pub, rather than DVSA (formerly VOSA) or a trade body. Unsurprisingly, that advice turns out all too often to be completely wrong.

“I find it astonishing that licence holders are appearing at public inquiry having been reported for – amongst other things – failing to acquire a company tachograph card or any download software.

“How can an operator seek to prove they are complying with the regulations – and crucially check whether their drivers are working within the drivers’ hours rules – if they can’t download driver or vehicle data?

“Restricted operators need to be alert to these requirements and the potential impact on their licence of failing to meet them. The responsibilities involved in holding a licence go rather deeper than just buying a few vehicles to carry equipment for your main business.”