A view from the Traffic Commissioner 20 October • Peterborough

Richard Turfitt Traffic Commissioner East of England

FREIGHT TRANSPORT ASSOCIATION Transport Manager Conference 2016

Traffic Commissioners TC Priorities Modernise the operator licensing regime, law, systems and processes - emphasis in 2016/17 To concentrate resources on those operators who pose the greatest risk to road safety and fair competition - emphasis in 2016/17 Review and modernise the regulation of commercial vehicle drivers - needs to be communicated To improve the reliability of registered bus services Reducing the burden on the compliant industry through timely & effective decision making Reducing the burden on the compliant industry through timely & effective decision making 4

Objective no. 1 To modernise the operator licensing regime: law, systems and processes Reducing the burden on the compliant industry through timely & effective decision making

Objective 1 - Our Focus A value for money licensing process Traffic Commissioners Objective 1 - Our Focus Faster processing of applications A value for money licensing process Gatekeeping “Digital by Default” Understanding user needs Working with DVSA to review operator licence fees Working with DfT to streamline legislation FTA Transport Manager Conference 2016 6

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Incomplete Applications FTA Transport Manager Conference 2016

Fairer: 2 Strikes Early application ‘triage’ Telephone call to all applicants Two opportunities to provide info FTA Transport Manager Conference 2016

Traffic Commissioners Better Guidance No. 3 - Transport Managers - only become a TM once accepted by TC; streamlined processes for direct replacements and additional TMs (including TUPE); emphasises the purpose of starting points, Annex 1: Motor Vehicles Proposed Hours (per week) 2 or less 2-4 3 to 5 4-8 6 to 10 Vehicles Hours 2 or less 2 - 4 3 to 5 4 - 8 6 to 10 8 - 12 11 to 14 12 - 20 15 to 29 20 - 30 30 to 50 30 – full time Above 50 Full time + assistance Additional hours for trailers 10

Traffic Commissioners Statutory Document 3 Transport Managers – Non exhaustive list of the types of activity which might be expected of a TM: to manage, audit and review compliance systems to ensure that they are effective; to review any shortcomings such as prohibitions and/or annual test failures; to ensure that relevant changes are notified in accordance with operator licence requirements; to keep up to date on relevant changes in standards and legislation. FTA Transport Manager Conference 2016 11

Objective no. 2 To concentrate resources on those operators who pose the greatest risk to road safety and fair competition DVSA Remote Enforcement & Operator Excellence Aligning the TE and VE reports More and improved guidance Targeting PIs so less wait Reducing the burden on the compliant industry through timely & effective decision making

Traffic Commissioners Objective 2 - Our Focus Maintaining clear statutory guidance on what is expected Removing the serious and serially non-compliant Taking appropriate regulatory action Using individual cases to influence wider behaviours Being even more transparent in our decision making FTA Transport Manager Conference 2016 13

Traffic Commissioners Targeting Operators usually respond to DVSA investigation but may issue REL on the first occasion when: operators are found to have incurred a small number of prohibitions; minor failings in their maintenance system; small number of tachograph errors; vehicle excise duty offences; minor convictions and any other offences not proceeded with. Satisfactory reply might result in alternative disposal. If measures at PI appear to have worked it will not normally be necessary to call a further PI for O/L to be restored or increased after an appropriate period.   FTA Transport Manager Conference 2016 14

Traffic Commissioners Types of Disposal PI intended to deliver a swift method of ensuring compliance and will target those operators and drivers who pose the greatest risk to road safety and fair competition. Alternative Disposals: warning letters to operators or drivers (limited evidence that this results in sustained compliance); in suitable cases may use STL Interview in more complex/ borderline cases may decide to call an operator to a formal preliminary hearing, which can be beneficial in narrowing or crystallising the issues or assurances as to future compliance.   FTA Transport Manager Conference 2016 15

Regulatory Action   FTA Transport Manager Conference 2016

Continuous & effective? Traffic Commissioners Continuous & effective? Annual test failures Are your PMI standards up to date FTA Transport Manager Conference 2016 17

Continuous and effective? Traffic Commissioners Continuous and effective? FTA Transport Manager Conference 2016 18

Continuous and effective? Traffic Commissioners Continuous and effective? Tachograph analysis Do it Do it frequently - risk assess Unaccounted driving report Check software parameters FTA Transport Manager Conference 2016 19

Drivers - examples Falsification: by failure to keep required records (EC and domestic driver’ hours & WTD) Deliberate falsification (e.g. deliberately driving without using a tachograph, deliberately failing to keep records or pulling tachograph chart(s)/ digicard(s) or using a digicard belonging to another 4 week suspension per offence up to 6 offences & revoke and disqualify for 12 months for more than 6 offences Falsification: domestic drivers’ hours & WTD Deliberate falsification or forgery of records Revoke and disqualify for 12 months for a single offence - longer for 2 or more offences Falsification: tachographs Use of any device to interfere with the recording equipment (e.g. use of a magnet or interrupter)

Driver reactions FTA Transport Manager Conference 2016

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THINK! Cyclist Safety FTA Transport Manager Conference 2016

Continuous and effective? Traffic Commissioners 24

Be HIM………………not……………………… Traffic Commissioners Be HIM………………not……………………… FTA Transport Manager Conference 2016 25