Warning for Section 19 permit operator

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The DVSA often shares some of its encounters with vehicles via its social media to highlight the dangers. This example comes from a wheel loss incident involving a minibus in 2022. DVSA

A local authority has been warned to improve its compliance and maintenance systems following a wheel loss incident last year

In October 2023, a vehicle belonging to North Lanarkshire Council suffered a double wheel loss incident during a school journey. The minibus was being operated under a Section 19 permit at the time. Although Section 19 permits allow for services to be run without an operators’ licence, the organisation running the service is still expected to ensure any vehicle used under the permit must have a certificate of initial fitness (or equivalent) and comply with the conditions of fitness prescribed for public service vehicles.

A subsequent DVSA investigation noted missing inspection records and that some had not been completed properly. There were extended intervals between safety inspections and there was little forward planning. Some records were not available at the initial visit and had to be supplied later. It was also found that the driver defect reporting system was not fully effective.

No children were involved in the incident.

Background

North Lanarkshire Council operates public service vehicles under 35 Section 19 permits issued on behalf of the Traffic Commissioner. Three Transport Managers are recorded: Colin McClair, Colin James Wilson, and John Templeton. ‘Jock’ Templeton recently departed, and Scott Dewar has temporarily replaced him in the role of Fleet Manager.

Preventative maintenance inspections (PMIs) are required to be carried out at six-weekly intervals, and the licence records that these are undertaken by Riverside Truck Rental, KFA Commercials Ltd, MacPhails Coach & Bus Hire, and in-house. The operator also holds a Standard National Goods Vehicle Operator’s Licence authorising one hundred vehicles and two trailers.

The preliminary hearing on 21 May 2024 was called to determine whether the presiding Traffic Commissioner, Richard Turfitt, needed to formally intervene in respect of the permit operations. The Traffic Commissioner initially satisfied himself that the council’s operations under the permit continued to meet the legal requirements of the permit, which allows the holder to operate transport services for hire or reward without the need for a PSV operator’s licence in certain circumstances.

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