Bridge strikes are very much still – unfortunately – an important topic that traffic commissioners have to deal with regularly in the transport industry.
We consistently see numerous operators and drivers alike being called to a hearing before traffic commissioners to consider the culpability of the operator, transport manager(s) and the driver of a commercial vehicle involved in the bridge strike incident. This reason for the hearing could be a preliminary hearing, a public inquiry and/or a driver conduct hearing.
Regardless of the nature of the bridge strike incident or the individual or specific circumstances that surround it, the operator is expected to have systems and processes in place to prevent an accident from occurring in the first instance. This could range from ensuring that relevant and comprehensive training is in place for your drivers (and agency drivers) to implementing accessible policies and guidance documents.
Given the ongoing prominence of the issue of bridge strikes – and to assist operators in preventing bridge strikes – Backhouse Jones has also used its expertise to develop a comprehensive training session, ‘A Bridge Too Far’, which covers what bridge strikes mean in practice for operators, drivers and your compliance management systems, and the implications of getting it wrong.
BIG FINE REDUCTION ACHIEVED
The Backhouse Jones dispute resolution team has secured another substantial reduction in fines for clandestine entrants, representing an 84% overall reduction in the initial fine imposed by Border Force.
A haulage company was found with four clandestine entrants concealed witin one of its vehicles. Consequently, Border Force imposed a penalty on both the company and the driver in the amount of £6,000 per clandestine entrant – totalling an overall fine of £48,000, for which the company was jointly and severally liable to pay.
We filed a notice of objection maintaining that the company complied with all the necessary regulations to prevent unauthorised access to its vehicle, together with financial means documentation appealing on the financial impact the fines would have on both the company and the driver.
Border Force considered our notice of objection and applied the means assessment, resulting in the overall fine being reduced from £48,000 to £7,566.
This result is just one of the many successful outcomes the team has received in recent months.
BOX: DRIVER CPC DEADLINE APPROACHES
The deadline for many professional drivers to complete their Driver Certificate of Professional Competence (CPC) training is 9 September 2024.
To make sure your drivers can find training in time, DVSA is asking operators to encourage drivers whose Driver CPC runs out this September to check that they have completed 35 hours well before the September deadline.
Drivers can check the numbers of hours they have done towards their Driver CPC, and what the deadline is to complete it by, here: www.tinyurl.com/ywtkuafz. Unfortunately, operators are not given direct access to this information, but drivers can share it with them via a temporary password.
DVSA recently circulated information on why demand is so high for training every five years. One reason is that 2024 is the 15-year anniversary of Driver CPC for lorry drivers. When it was first introduced, all lorry drivers had to get their driver qualification card by 9 September 2014. This means that many current cards will run out at the same time.
Apparently, lots of drivers leave their training until the last six months, probably another reason why demand is so high during that period.
Operators need to know that if their drivers miss their training deadline, they cannot drive professionally until they finish their training – and they could be fined up to £1,000 for driving professionally without having a Driver CPC.
This page is brought to you by Backhouse Jones Solicitors, which runs a frequent series of podcasts – see www.tinyurl.com/2xbv3jzv
