Restricted licence holders must wake up to compliance: traffic commissioner warning 23 June 2016

London and South East traffic commissioner Nick Denton has warned all restricted operators – including construction, scaffolding and recycling businesses – to “take ownership of compliance” and take commercial vehicle operations seriously.

The warning came after the traffic commissioner had revoked a local supermarket’s operating licence at a public inquiry last week for what he described as widespread failings and an “amateur’s” approach to compliance.

Operators carrying their own goods, he said, must realise transport is an industry where professional and legally binding standards apply.

Denton said Rateneed, which trades as Deepak Foods, had shown no appreciation for the need to operate within safety regulations under the terms of its O licence – and no urgency to improve standards.

The regulator said it was clear the Tooting business had to undergo a complete culture change before it could be trusted to hold an O licence again.

He added that Rateneed’s directors needed to assume their responsibilities or give way to others with the required capabilities.

“Somebody in the organisation needs to take ownership of compliance and acquire the necessary knowledge – through formal training – of an operator’s responsibilities and duties,” insisted Denton.

Investigations by DVSA (Driver and Vehicle Standards Agency) had revealed that this operator had failed to carry out any downloads from its vehicle (a legal requirement), despite having acquired it in July 2014.

The vehicle was also found with an insecure load on two occasions, and on another to be 20% overloaded.

Additionally, Rateneed had a 100% failure rate for MOT tests over a three year period, and the vehicle had not been given routine safety inspections on time – with gaps of up to four months between checks.

Moreover, the vehicle twice failed to comply with London Safer Lorry Scheme requirements; it used premises in Wimbledon without authority; and the firm had also been using a car repairer for its vehicle maintenance, with inspection sheets designed for cars, not trucks.

“The operator is still using an unauthorised operating centre and is still doing nothing to ensure observance of drivers’ hour’s rules,” stated Denton.

“It has shown no appreciation of the need to operate within the safety regulations and no urgency to improve or follow the specific suggestions of the [DVSA] traffic examiner.”

All operators sign up to a number of promises when their licence is granted:

•To keep vehicles taxed, insured and in MOT

•To check that drivers have the right licence to drive HGVs

•To keep vehicles and trailers roadworthy

•To obey drivers’ hours and tachograph rules

•That drivers will do a daily walk-round check of the vehicle (recorded in writing) before starting to drive

•To keep vehicle maintenance and driver check records for 15 months

•Not to operate more than the maximum number of vehicles on the licence

•To operate only from the operating centre(s) on the licence

•To tell the Traffic Commissioner within 28 days: about any convictions of myself or my staff a change in maintenance arrangements a planned change in entity (eg from sole trader to partnership or limited company) a change in financial status (eg bankruptcy or entering administration)

Author
Brian Tinham

Related Companies
Department for Transport

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