1. A view from the Traffic Commissioner
20 October • Peterborough

2. Richard Turfitt
Traffic Commissioner East of England

3. FREIGHT TRANSPORT ASSOCIATION Transport Manager Conference 2016

4. 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

5. 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

6. 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
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8. Incomplete Applications
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9. Fairer: 2 Strikes Early application ‘triage’
Telephone call to all applicants
Two opportunities to provide info
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10. 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
15 to 29
30 to 50
30 – full time
Above 50
Full time + assistance
Additional hours for trailers 10

11. 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.
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12. 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

13. 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
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14. 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.
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15. 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.
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16. Regulatory Action
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17. Continuous & effective?
Traffic Commissioners
Continuous & effective?
Annual test failures
Are your PMI standards up to date
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18. Continuous and effective?
Traffic Commissioners
Continuous and effective?
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19. 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

20. 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)

21. Driver reactions
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22. FTA Transport Manager 2016

23. THINK! Cyclist Safety
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24. Continuous and effective?
Traffic Commissioners 24

25. Be HIM………………not………………………
Traffic Commissioners
Be HIM………………not………………………
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