TCs outline compliance priorities in annual report
The traffic commissioners (TCs) of Great Britain have published their annual report to the transport secretary, emphasising a range of key compliance issues encountered by the regulators in the year ending March 2022.
Having outlined highlights of their work over the preceding 12 months, the TCs noted that they had seen many cases where licences were being revoked due to: “operators not engaging with the traffic commissioners or failing to keep their details up to date.”
They said: “If the Office of the Traffic Commissioner does not have the correct contact details, important messages will not be received by the operator. There are too many cases where a transport manager has been removed from a licence and the operator later claims that they did not even know that the individual had resigned.
“Any operator receiving correspondence from the Office of the Traffic Commissioner must give it priority and ensure a full response is made by any deadline stated. The resulting loss of an operator’s licence by not doing so, will have an avoidable negative impact on businesses and, at the very least, will incur unnecessary costs in reapplying for a licence.”
In their joint section of the report, the six commissioners covering the regions of England addressed another bugbear: a number of transport manager CPCs being presented that were obtained outside the UK, despite their holders having been resident here for a number of years.
Noting that: “The legislation states that a person must attain their qualification in their country of residence,” the TCs added: “The traffic commissioners do not accept a certificate of convenience.
“Transport managers who have gone to another country because they find the exams easier can expect close scrutiny of their applications to see whether they can meet the requirement to effectively and continuously manage transport operations in Great Britain.”
Load security was another area identified where improvement was needed.
“Commissioners are particularly concerned with the number of cases referred to them where tipper vehicles have been poorly loaded and not correctly sheeted,” the TCs said.
“The Health & Safety Executive has a range of useful resources available to operators [via its website] and we recommend that operators make use of the various resources available, particularly taking note of the factsheet on sheeting.”
The TCs next underlined the importance of the role played by those providing maintenance services for fleets, stating: “There is no current requirement for maintenance providers be formally qualified. There is a general expectation that individual contractors are competent, but that may not be the case.
“As vehicle engineering becomes more complex, there is an obvious argument for individual contractors to have formal qualifications so that standards can be maintained and a level playing field be retained for all operators.”
Traction-only services had been a pertinent issue of late.
“In several high-profile cases this year it has been suggested that some trailer suppliers (including those based offshore) are avoiding responsibilities to ensure safe operation of trailers on GB roads,” warned the TCs.
“The lack of adequate arrangements regarding regular and frequent brake testing has been a prominent failing. The potential impact on British roads is significant and the traffic commissioners have felt the need to issue several warnings regarding this to companies involved in this type of third-party trailer operation.”
The TCs emphasised that operators providing traction-only services to third-party trailers are legally responsible for the trailers’ condition when in use.
“The operator’s licence requires ‘satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition’,” the TCs said.
“In that context, ‘vehicles’ includes any trailer (including those from abroad) being drawn. An operator providing traction-only services must have trailer authority on that licence and must specify an inspection period.
“The trailer provider is likely to have its own inspection periods, which should be based in part on the age and characteristics of the trailers and work involved.
“However, the operator needs to satisfy themselves that it is appropriate. The operator must ensure that any trailer it operates meets the stated frequency for inspection. If the operator cannot satisfy themselves that a suitable assessment has taken place, then the operator must make their own assessment, as per the declared intervals.”
Further advice was available in the DVSA Guide to Maintaining Roadworthiness, they said, and from the IRTE publication Roadworthiness: Industry Best Practice for third party trailer operators, which includes a suggested ‘Co-operation request letter to trailer owner’.
The TCs also pointed out that an estimated 85 per cent of roadside fines for infringements could be avoided if drivers had performed a walkaround check prior to the journey.
Additionally touched upon was the topic of driver welfare in the context of the shortage of drivers, which the commissioners emphasised could not be add-ressed at the expense of safety.
“There have been a number of studies published on the impact to driver reaction times, including issues such as reduced sleep,” said the report, which also acknowledged and praised the efforts made by drivers and operators during the pandemic.
“We take this opportunity to recognise the additional pressures placed on drivers,” the TCs said.
“HSE’s publicly available guidance describes stress as ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’.
“It recognises that those suffering from stress may not be best placed to make decisions about necessary control measures.
“The pandemic led to considerable change in usual work patterns, but the safe management of drivers has always been fundamental to road safety.
“As a consequence, drivers must feel able to report issues with their health and to talk about their problems.
“Driving can be a solitary job, placing drivers at even greater risk.”
In Scotland, TC Claire Gilmore acknowledged the “positivity and optimism for the future” from HGV operators, despite challenging economic circumstances, and said an increase in new entrants to the sector identified by the English TCs was also reflected north of the border.
“Access to properly equipped high quality maintenance services, particularly for operators in rural parts of Scotland, is often limited,” she observed, however.
“We must strive to ensure that proper roller brake testing facilities can be accessed regularly, and without difficulty, wherever operators are located.
“Such access is imperative for road safety.”
TC Gilmore also urged awareness among fleets around the introduction of Low Emission Zones in Scotland’s four major cities.
“Operators will need to be aware of the new requirements and ensure that they comply with them. Failure to do so may impact on their repute,” she warned.
From Wales, TC Victoria Davies echoed her colleagues’ concerns about the driver shortfall and related welfare issues, and added: “I am particularly concerned about the worsening situation as to the shortage of PSV drivers in Wales, where the position appears to have got markedly worse than in England and Scotland over the past six months.”
To tackle this, TC Davies had engaged in initiatives exploring how to combat the shortage, such as the UK government review of the Driver CPC regime.
“Both industry and government recognise that there is more work to be done to address this problem, without compromising the high standards that we all expect from our professional drivers,” she concluded.
The full traffic commissioners’ report can be found here.
