As a holder of a Goods Vehicle Licence does my business have to continually demonstrate that it has sufficient funds to comply with the “financial standing” requirement on the licence? Can details of the business’ finances be requested at any time and what happens if my business has insufficient funds? Is the licence at risk or are there ways of getting around it?

Businesses need to plan well in advance if they are considering making an application for additional vehicles or say an additional licence in another traffic area. During 2006 more and more operators were unable to prove the financial requirements in the first instance and their applications were determined at public inquiries. Ultimately, failure to prove finance can result in failures of applications, a reduction in fleet size and in some cases revocation of the licence. All instances could be commercially devastating. The Traffic Commissioners have no discretion to allow a licence to continue if there are insufficient funds.

Had an unsatisfactory visit from VOSA? Being called to an Inquiry? The main thing to do is act now!

When should my drivers do a DAILY DEFECT CHECK on heavy good vehicles ?
The formal phrase used to describe this element of defect detection is a "first use check". On EACH DAY of HGV operation the vehicle MUST NOT enter the public highway until it has first had key safety elements checked by the driver i.e.; lights, tyres wheel nuts, battery security, steering...

Current legislation permits an Inspector from VOSA to visit your premises at anytime and demand sight of vehicles and maintenance records. On occasions your local Vehicle Examiner may give you advance notice of the intended visit, which will allow you time to prepare.

Usually you will be asked to provide a sample of your vehicles for inspections as well as 15 months service and daily defect records.

How should I prepare ?

1. Have a full preventative inspection carried out on the vehicles to avoid any defects being detected which may result in a prohibition at the inspection. The VOSA Inspector may comment on the fact that the vehicles have clearly been "prepared for inspection" as opposed to being presented in their true state, but it is far better to avoid the possibility of prohibitions being attracted
2. Where possible offer your newest vehicles for inspection unless the Inspector specifically asks for your older ones
3. Clean and wash down the vehicles.
4. Scrutinise your maintenance records to ensure they are all in order. Many Operators instruct an outside third party with an expertise in Operator Licensing to carry this out
5. Ensure you have a 15 month run of service sheets, presented well in individual files for each vehicle. Where service sheets are missing see if your garage retained copies and insert copies or at the very least insert an invoice from the garage to show the service was done. Missing sheets can lead to VOSA assuming that the vehicle has not been serviced
6. Ensure you have a forward planning chart in place setting out at least the next service dates as well as mot and calibration dates (ie: other key maintenance dates)
7. Ensure you have a 15 month run of daily defect sheets (one for each day of operation), presented well in individual files for each vehicle
8. Ensure that your defect sheets have a section for " rectification of defects" which should always be signed off following repair. If not order new books.
9. Remember that omissions on service sheets and defects sheets such as no signature, tyre treads or brake tests not recorded are not items which you can go back and fill in at this stage. These are contemporaneous documents and you should always check these immediately after the event (ie after the service) and deal with any omissions at that time.
10. Ensure that all the records are readily available at the time of the Inspection and can be easily found in the Transport Office by the VOSA Inspector
11. Ensure that your transport manager or the individual who deals with the maintenance systems is present at the VOSA inspection
12. Be cooperative

The Inspection will be marked "UNSATISFACTORY" if defects are found on the vehicles or gaps in the service and defect reporting history are reported. These will be viewed as a potential breach of the Operator Licence to keep the vehicles fit and serviceable, to maintain them at specified intervals and to ensure there is s system for daily detection of defects. This finding will be reported to the Traffic Commissioner for disciplinary action quite often at a Public Inquiry.

Practical advice on managing your Operator Licence is provided by Elizabeth Caple, Transport Law Solicitor. elizabeth.caple@blueyonder.co.uk
0117 9075699 0781 441 4374

Driver Hours Tacho Rules . Can you account for your 21 day history?

It is a drivers’ personal responsibility to hold tachos in the cab for the last 15 days and the current week hence up to 21 days. VOSA show very little patience for failure to produce and will issue a prohibition which could lead to criminal prosecution.

On 2nd July 2007 the regulations to facilitate the new Community Drivers' Hours Regulation EC 561/2006 came into effect after some delay.

These regulations
- list the various vehicle exemptions to the EU drivers' hours regs,and
- define the UK defence available to transport undertakings who otherwise will be automatically liable for the offences committed by their drivers ( and hence liable to prosecution themselves).

The regulation is 2007/1819. The full title is: Community Drivers' Hours and Recording Equipment Regulations 2007

Tim Ridyard is a partner, road transport lawyer & Higher Courts advocate, at Ipswich-based Barker Gotelee Solicitors. www.barkergotelee.co.uk

“A Vehicle Examiner from VOSA recently advised that I need to implement “quality assurance measures” with regard to my Operator Licence. What does this mean?

The Department for Transport will shortly publish no fewer than eight draft regulations covering the Graduated Fixed Penalty and Deposit Schemes likely to come into force in April 2009. These are the detailed provisions which will detail how police/ VOSA will carry out the new procedures for both UK and foreign drivers operating within the UK. VOSA will for the fist time have powers to issue fixed penalties and endorse driving licences. Drivers without satisfactory UK addresses will be required to pay roadside deposits failing which their vehicles may be immobilised pending payment. The draft regulations will be accompanied by a new consultation period for the road transport sector which is likely to continue until around mid-October 2008. Tim Ridyard, Solicitor, Barker Gotelee Solicitors, Martlesham Heath Ipswich tim.ridyard@barkergotelee.co.uk

As anticipated the DfT has today published the next consultation document on graduated fixed penalty, financial deposit and immobilisation schemes, together with 8 draft statutory instruments to introduce the schemes. The consultation will run until 17 October 2008. More details and comment to follow in due course. Please see previous blog entries for further comment.

Tim Ridyard, Solicitor, Barker Gotelee (Tel 01473 611211)