Operating goods vehicles or buses is one of the highest risk activities undertaken by any business. Companies which hold an operator’s licence are subject to strict regulatory oversight from the police, DVSA and the Office of the Traffic Commissioner. In the event of a regulatory intervention or a serious incident ultimate responsibility for non-compliance will rest with the statutory directors.
For this reason, the identification and minimisation of transport compliance risk in the form of a compliance health check should be a key priority for any operator licence holder.
Our transport regulatory lawyers specialise in representing operator licence holders in all proceedings before the Office of the Traffic Commissioner and during DVSA and police investigations. This provides us with a unique insight into what an effective transport compliance regime should look like, and where fleet risks lie.
Book my free consultationAny involvement with the transport regulator carries with it the risk of escalation. For most companies their operator’s licence will be critical to their business activities. Any intervention by the regulator should prompt a compliance review.
The statutory directors of a company that hold an operators licence bear ultimate responsibility for any non-compliance that take place under that licence. In the event of an incident it would be the statutory directors summonsed to a Traffic Commissioner’s Public Inquiry. A confidential health check report can quickly identify areas of risk and recommend practical steps that can be taken to address these.
Certain transport related incidents are reportable to the regulator and can lead to further escalation. A health check can be a crucial part of an effective response.
Transport managers are under a legal duty to exercise “continuous and effective control” over the licence they are nominated on. Operators must be able to satisfy themselves that any changes to the nominated transport manager role do not undermine this duty. A key part of any health check is an assessment of the transport manager function.
Managing compliance across many sites can be challenging, however effective central reporting and monitoring processes are key to a ensuring regulatory compliance and to reducing the risk of “siloing”. A health check will help to identify and recommend are for improvement.
In some instances there be a tendency for transport compliance to be overlooked or under-resourced, particularly when transport makes up only a small part of a larger business. Nevertheless, the same regulatory requirements apply across the board, regardless of the nature of the business. Any concerns of this kind can be addressed by a transport compliance health check.
Applications for licences and variations are made to the Office of the Traffic Commissioner. All such applications will be scrutinised and tested by the regulator. Before making such an application it is always wise to assure yourself as to your own compliance position.
If the answer to any of these questions is, yes, then get in touch to find out more.
About Chris:
Chris is a leading road transport regulatory specialist. He advises goods vehicle and passenger transport operator licence holders on all aspects of transport regulation as well as frequently representing transport companies at public inquiry hearings before the Traffic Commissioners across the UK.
About Elliott:
Elliott specialises in criminal and regulatory matters, including health and safety, business crime, transport regulatory and sports regulation.
