A view from the Traffic Commissioner Kevin Rooney

A view from the Traffic Commissioner Kevin Rooney Traffic Commissioner for the west of England Gold sponsor

FTA Transport Manager 2019 Kevin Rooney

Agenda 1) 2) 3) 4) OTC overview What is expected of transport managers Continuous Professional Development Driver management Ø Bridge Strikes Ø Mobile phones 5) Maintenance - brake testing 6) Achieving a level playing field FTA Transport Manager 2019

Overview 2018 / 19: • Restricted – 36475 • National – 25940 • International - 8348 • New applications – 5666 • Variations - 7515 FTA Transport Manager 2019

Improve / Remove 2018 / 19 • • • 873 public inquiries 314 licence revocations 137 suspended 267 curtailed 103 disqualifications - operator/directors 139 disqualifications of TMs FTA Transport Manager 2019

Vehicle Operator Licensing System (VOL) • Digital take up – 85% YTD • VOL user satisfaction > 80% • Average processing times – 39. 88 working days (no PI) • Average processing times – 140. 08 (with PI) • ‘Verify’ available for TMs to complete applications digitally FTA Transport Manager 2019

TC Strategy Modernising Licensing FTA Transport Manager 2019 Dealing with the non-compliant

Strategic Objectives Key measures: • No applications outstanding for more than six months (where in control of the OTC) • Review processes to achieve average application times of 35 working days • Reduce the time taken to hear cases at PI to 12 weeks subject to the interests of justice • Analyse how the commercial vehicle industry is made up, so we can focus on those who do not already have access to guidance FTA Transport Manager 2019

Transport Managers A transport manager must exercise CONTINUOUS AND EFFECTIVE MANAGEMENT of the operator’s transport activities FTA Transport Manager 2019

What is expected of TM’s STC Stat Doc 3 paragraph 54 details expectations of TMs www. gov. uk/manage-vehicleoperator-licence FTA Transport Manager 2019

What should you expect Tools – TMs should have the tools required for the role Feedback – does your employer review your performance Support – your employer should not assume that you can simply be left to the job Know your value – a TM is an important role and should be paid accordingly Two way communication – operators should be proactive in raising issues with TMs and vice versa – do not wait for TCs to point out the problem at PI Processes – both parties should work together to establish and implement the procedures required to ensure compliance FTA Transport Manager 2019

Continuous Professional Development FTA Transport Manager 2019

Will I be asked for evidence of CPD? • If you have not acted for an operator for 5 years • If your qualification is more than 10 years old • If you are called to a public inquiry where your ability to exercise continuous and effective management of the transport operations is under consideration FTA Transport Manager 2019

Bridge Strikes • 2000 Bridge strikes annually • 90% are railway bridges • In 4 weeks up to 5 March 2019 there were 96 strikes • 1303 cancelled train journeys last year • Each strike delays train by 2 hours on average • Each incident costs £ 13, 500 FTA Transport Manager 2019

Avoiding Bridge Strikes: Prior to the Journey • Assess the risk based on the height/width of the vehicle • Plan a route to eliminate all risks of a bridge strike • Avoid driver pressure which can increase the risks • Display the maximum vehicle height clearly in the cab • Drivers should be advised of the height of the vehicle • Arch bridges need special attention as signed clearance is only provided throughout part of the bridge, drivers therefore need to be aware of the width also FTA Transport Manager 2019

Further Guidance www. gov. uk/government/publications/prevention-ofbridge-strikes-good-practice-guide FTA Transport Manager 2019

Mobile phones Also see Southampton University research at: https: //apple. news/Aeaw 7 Bg. Nm. Qvu 1 q. V 1 Og. W-3 m. Q FTA Transport Manager 17 2019 Driver and Vehicle Standards Agency incorporates DSA and VOSADVSA incorporates DSA and VOSA

Maintenance - Brake Testing FTA Transport Manager 2019

What does the law say? • Every part of braking system and of the means of operation thereof fitted to a vehicle shall be maintained in good and efficient working order and be properly adjusted. Regulation 18 (1) – Road Vehicles (Construction and Use) Regulations 1986/1078 • There must be satisfactory facilities and arrangements for maintaining the vehicles under the licence in a fit and serviceable condition. Section 13 C – Goods Vehicles (Licensing of Operators) Act 1995 FTA Transport Manager 2019

Sufficient Detail? FTA Transport Manager 2019

FTA Transport Manager 2019

FTA Transport Manager 2019

FTA Transport Manager 2019

FTA Transport Manager 2019

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Level Playing Field FTA Transport Manager 2019

Self-employed Drivers View of HMRC You will be aware that in road haulage, it is rare for someone to be genuinely self-employed unless they are an owner-driver. If a driver claims that he or she is providing a lorry which has been leased from the haulier for whom he or she is driving, they would be responsible in law for obtaining an operator’s licence. FTA Transport Manager 2019

Self-employed Drivers Self-employed Employed In business on their own account Personally work under the control of their engager Bear the responsibility for the success or failure of that business Do not run the risks of having the business themselves NOTE: • • • Control and responsibility for the vehicle is with the operator (can be used by other drivers); Operator responsible for maintenance, insurance, and fuel Where driver ‘pays’ for vehicle deductions from earnings based on, e. g hours of use, mileage, or a clearly non-commercial amount per day or week FTA Transport Manager 2019

Self-employed Drivers Possible interventions by TCs • • Ask operator to obtain own specialist advice Ask operator to act on that advice Curtail licence to no. of PAYE drivers Revoke the licence (not yet done) FTA Transport Manager 2019

Phoenix Companies • STC Statutory Documents 1 & 5 • Conduct of company goes to repute • Fair competition • HMRC consultation • Phoenix Companies “phoenixing”/“phoenixism” • Jointly and severally liable FTA Transport Manager 2019

Where to find Advice • Guide to Maintaining Roadworthiness • External Audit • STC Guidance - www. gov. uk/government/organisations/traffic-commissioners • TC Written Decisions – available at gov. uk • TC Email Bulletins – sign up at https: //public. govdelivery. com/accounts/UKOTC/subscriber/topics FTA Transport Manager 2019

Some questions? FTA Transport Manager 2019