Traffic Commissioner for Richard Turfitt Traffic Commissioner for the East of England

FREIGHT TRANSPORT ASSOCIATION Transport Manager Seminar 2015 Richard Turfitt

TC Priorities Traffic Commissioners 3 Modernise the operator licensing regime: law, systems and processes To concentrate resources on those operators who pose the greatest risk to road safety and fair competition Review and modernise the regulation of commercial vehicle drivers To improve the reliability of registered bus services FTA Transport Manager Seminar 2015 3

Modernising O/L system Traffic Commissioners Modernising O/L system Triennial review – Traffic areas discs fees Processes - DVSA service levels Transaction times Technology - Operator compliance licensing system business continuity online applications verification Companies House links Reduction in processing times for e-applications FTA Transport Manager Seminar 2015 4

Changes to assist operators and TMs Traffic Commissioners Guidance & Directions Changes to assist operators and TMs FTA Transport Manager Seminar 2015 5

Modernising licensing Traffic Commissioners Modernising licensing Speeding up transaction times reducing the numbers of submissions that need to be referred to TCs & DTCs increased delegations up skilling staff to make the right decision at the right time being more robust in setting timetables for submitting complete applications speeding up communications and decision times Reducing listing times targeting public inquiries by using alternative methods of disposal listing cases by priority FTA Transport Manager Seminar 2015 6

Guidance & Directions Traffic Commissioners 7 No. 0 - purpose of the Statutory Documents and powers of the STC; relevance of the Regulators’ Code; recording of reasons. No. 1 - Repute & Fitness - what is compliance, who is fit to fulfill conditions/undertakings; better guidance on what is relevant. No. 2 – Finance – alternative sources; ensuring fair competition; better guidance to speed decisions. No. 8 - Delegations to staff - extends the areas in which competent members of staff can take decisions on behalf of a TC. FTA Transport Manager Seminar 2015 Emphasis is on better equipping staff to make decisions rather than keep submitting applications to TCs; to better target information which is relevant rather than historic bankruptcies or an individual’s speeding offences for instance. 7

Guidance & Directions Traffic Commissioners 8 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 The proposed changes recognise that some people, rather than treating the indicators as STARTING POINTS and not reading on have treated the suggested hours as written in stone. The reviewed Stat Docs given a better description of the statutory duty requiring continuous and effective management – i.e. concentrating on outcomes. 8

Guidance & Directions Traffic Commissioners 9 No. 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. FTS Transport Manager Seminar 2015 Drivers –management - to ensure compliance with the driving hours rules (EU or Domestic); that drivers are recording their duty, driving time and rest and that records are handed back for inspection; to download and store data from the vehicle digital tachograph unit (at least every 56 days) and from the drivers’ tachograph smart cards (at least every 28 days); to ensure that records are retained and can be produced during the relevant period; to ensure that WTD records are retained etc; to ensure that drivers are adequately trained, competent and disciplined; Drivers – operations - to ensure drivers are correctly completing and returning DDRS; to ensure that all drivers etc take adequate breaks, daily and weekly rest; Vehicle – management - to ensure that vehicles and trailers are kept in a fit and roadworthy condition; that defects are reported in writing and repaired promptly; any vehicles and trailers that is not roadworthy must be taken out of service; ensure that they are available for safety inspections, service, repair and statutory testing within the required intervals; to liaise with maintenance contractors & suppliers to make certain vehicles and trailers are serviced in accordance with appropriate standards; Vehicle – administration – ensure vehicle maintenance records are retained for a period of no less than 15 months and are made available upon request; that licence discs are current and displayed correctly; to ensure that any required notifications, height indicators etc are fitted and correct, that tachograph calibrations are up to date and displayed; up to date certificates of insurance; to ensure a suitable maintenance planning with PMI dates at least 6 months in advance etc; Drivers – administration - to ensure that drivers hold the appropriate licence for the vehicle they are driving; to carry our regular checks on the drivers’ licences; to ensure that vocational drivers hold a valid driver CPC qualification (DQC); to ensure that all drivers hours records are kept for a period of no less than 12 months and are made available upon request; to ensure that all WTD records are kept for a period of no less than 24 months etc. 9

Traffic Commissioners Targeting the Risks To concentrate resources on those operators who pose the greatest risk to road safety and fair competition Trialling revised hand-off points with DVSA Complements Next Generation Enforcement strategy Trialling other interventions FTA Transport Manager Seminar 2015 10

Traffic Commissioners Vocational Drivers Review and modernise the regulation of commercial vehicle drivers Statutory Document 6 consultation completed Sets out new starting points Aggravating and mitigating features Use of case examples: FTA Transport Manager Seminar 2015 11

Vocational Drivers Case Example 21: Traffic Commissioners Vocational Drivers Case Example 21: Mr Smith was stopped at the roadside whilst driving a LGV where it was discovered that he was using another person’s digicard. TC calls Mr Smith to a conduct hearing. TC revokes and disqualifies Mr Smith’s vocational licence for 12 months. FTA Transport Manager Seminar 2015 12

TC Top Tips for TMs Traffic Commissioners The Absent TM Driver detectable defects Preventative maintenance inspections Annual Tests Drivers’ vocational entitlements Keeping up to date FTA Transport Manager Seminar 2015 Taken from ND’s list Factors which apply in determining whether an individual CPC holder has capacity to meet the statutory duty either alone or with the assistance of others - whether there is sufficient time to conduct transport manager functions properly, the following general indicators might assist: knowledge and skills; impact; decision making. Use your records to maximum effect – cross checks drivers and PMIs, use the Guide to Maintaining Roadworthiness 13