Chris Powell, Road Transport Solicitor at Smith Bowyer Clarke, answers some key legal questions relating to the transport sector
Question:
I operate a bus company with 11 vehicles. Over the last year three of my vehicles have been issued with prohibitions at the roadside. Two were for bald tyres, and one was for a blown bulb. I’ve read that I need to tell the Traffic Commissioner about these, but I’m worried about getting into trouble. What should I do?
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Answer:
As an operator, you have a legal requirement to notify the Office of the Traffic Commissioner of all prohibitions (PG9s) issued by the DVSA in respect of any of your vehicles. This must be done within 28 days of the date the prohibition was issued. In our experience, a lot of operators wrongly assume that they can leave it to the DVSA to notify the Traffic Commissioner on their behalf – this is a mistake.
If you have received a PG9, best practice is to write to the Traffic Commissioner within 28 days setting out:
• when, where and why the prohibition or fixed penalty was issued,
• what steps you took to “clear” the prohibition, and
• the measures you put in place to prevent similar prohibitions occurring in the future.
In your case, bald tyres and blown bulbs are faults which should be picked up by your drivers during their walk around checks. You may need to provide refresher training to your drivers on the importance of carrying out proper walk around checks.
By keeping the Traffic Commissioner informed and updated in this way, you not only comply with your licence undertakings, but you demonstrate that you are a proactive and responsible operator, making it less likely that the Traffic Commissioner will feel the need to convene a public inquiry into your operator’s licence.
Question:
I’ve been a coach driver for the last 22 years. I’m finally ready to ‘go it alone’ with my own operator’s licence. I have already bought a 16-seat minibus and want to get a second, bigger coach in a few months’ time if business goes well. Most of the work will be private hire work, airport transfers and school trips. Because its only one vehicle to start with, can I do this on a restricted licence (I don’t think I can afford a Transport Manager)?
Answer:
Probably not I’m afraid. PSVs with 9-16 passenger seats may only be operated under a restricted licence if they are used:
• not in the course of a passenger transport business, or
• by a person whose main occupation is not the operation of PSVs.
Unless your main occupation is going to be something other than the operation of PSVs, you will need a standard national or international licence. Only PSVs with 16 passenger seats or fewer can be operated under a restricted licence. This means that, even if you did meet the main occupation requirement, you couldn’t go on to operate anything larger. You would also be limited to a maximum of two vehicles. To expand beyond two you would need to apply for a standard licence.
The good news is that a Transport Manager for an operation of your size need not be an expensive full-time position. Current official guidance suggests that operators responsible for two vehicles or fewer may only need a Transport Manager for two to four working hours a week. Alternatively, you could seek to get qualified yourself and be your own Transport Manager.
Question:
I operate four minibuses providing home to school travel for SEN pupils under contract with my local authority. I have been letting two of my drivers take their minibuses home most nights to make it easier for them to get to their pickup point the next morning.
My new Transport Manager has told me that I shouldn’t be doing this. Is he right?
Answer:
I’m afraid your Transport Manager is right. By letting your drivers keep your vehicles at their home addresses, you are in effect operating the vehicles from unauthorised operating centres – a criminal offence. Your vehicles must be kept when not in use at the operating centre specified on your operator’s licence.
You could consider adding to your licence an additional operating centre in a more convenient location, but this would need to be approved by the Office of the Traffic Commissioner. It must also be in the same Traffic Area as your existing licence. If you wanted to base your vehicles at an operating centre in another Traffic Area, you would need to apply for a new operator’s licence in that area.
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