1. A view from the Traffic Commissioner
1 December • Coventry

2. Nick Denton
Traffic Commissioner for the West Midlands

3. FTA Transport Managers Event
Nick Denton
Traffic Commissioner
Traffic Commissioner for London and the South East of England

4. TC Vision
As independent specialist regulators we promote safe, fair, efficient and reliable passenger and goods transport through effective and efficient licensing and regulation of the commercial vehicle industry. We want to be recognised by our stakeholders as proportionate, accountable, consistent and transparent in our approach.
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

5. TC Strategic Objectives
Reduce the regulatory burden on the compliant
Focus on the worst operators, transport managers and drivers – take them out of the industry
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

6. London & the South East 1 April – 30 September 2016
157 public inquiries
68 preliminary hearings
34 licence revocations
22 disqualifications of operators/directors
8 disqualifications of transport managers
22 suspensions
21 curtailments

7. New TM1 Form Sets out TCs’ expectations of TMs
More info in STC Guidance Doc 3, paragraph 50
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

8. The Small Print 13a . Transport manager’s declaration:
By signing the for the relevant declaration below (as per your answer to section 5) you are confirming your status as an internal transport manager, an external transport manager, or both, and understand that your duties include; 
Drivers administration - including the checking of drivers' licences and driver CPC qualifications (DQC), ensuring that the retention of drivers hours records (no less than 12 months) and working time records (no less than 24 months) and both are made available upon request;
Drivers management - ensuring compliance with the driving hours rules (EU or Domestic Hours rules); that drivers record their duty, driving time and rest breaks; to download and store digital tachograph unit data (at least every 90 days) and from the drivers’ smart cards (at least every 28 days); ensuring that the following records are retained - drivers’ hours, Working Time Directive (WTD), and that they are available to be produced during the relevant period; ensuring that drivers are adequately trained and competent to operate relevant vehicles and equipment.
Drivers operations - ensuring drivers are completing and returning their driver defect reporting sheets and that defects are recorded correctly and cross checked, and that drivers and mobile workers take adequate breaks and appropriate periods of daily and weekly rest;
Vehicle administration - including ensuring that vehicle maintenance records are retained for a period of no less than 15 months, ensuring that vehicles are specified as required and that operator licence discs are current and displayed correctly; ensuring safe loading with appropriate indicators fitted, that tachograph calibrations are up to date and displayed, that there are up to date insurance certificates; a suitable maintenance planner is complete and displayed with preventative maintenance inspection dates at least 6 months in advance, to include the Annual Test and other testing or calibration dates;
Vehicle management - ensuring that vehicles and trailers are kept in a fit and roadworthy condition, that defects are either recorded and repaired promptly and where not roadworthy are taken out of service; to make vehicles and towed equipment for safety inspections, service, repair and statutory testing available at the appropriate times and within the notified O-licence maintenance intervals; to liaise with maintenance contractors, manufacturers, hire companies as might be appropriate. Ensuring that vehicles and trailers are parked at the nominated operating centre(s) when not in use.
Licence administration – ensuring that the traffic commissioner is made aware of any relevant matters within 28 days including convictions and prosecutions of the transport manager(s) or drivers and also of my own resignation should I leave the employment of the operator

9. CONTINUOUS AND EFFECTIVE MANAGEMENT
The Big Print
I will exercise
CONTINUOUS AND EFFECTIVE MANAGEMENT
of the operator’s transport activities

10. Promises To keep vehicles taxed, insured and in MOT
To check drivers have right HGV licence and DQC
To keep vehicles/trailers roadworthy and not overload
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

11. Promises (cont) To obey drivers’ hours and tachograph rules
Drivers will do a walk round check before driving – recorded in writing
Keep maintenance records for 15 months

12. Promises (cont) Not to operate more vehicles than I have a licence for
To operate only from the operating centre(s) on the licence
Tell TC within 28 days about
convictions
changes in maintenance
changes to financial circumstances

13. Keeping the promises: do
Have wall chart for tax, insurance, MOT, PMIs
Check driver entitlement regularly, direct with DVLA
Ensure drivers conduct effective checks
Look at defect reports and PMIs intelligently
Download driver cards and vehicle units every week
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

14. Keeping the promises: do
Have system for educating/disciplining drivers
Have plan for next driver CPC round
Keep abreast of new legislation/best practice by attending training, membership of trade association, subscribe to DVSA Moving On etc
Have system for preventing overloading and insecure loads
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

15. Keeping promises: don’t
Assume maintainer will remind you of MOT, PMI
Just look at driving licence at start of employment
Just leave defect reports to pile up in vehicle
Get PMI report three weeks later
Store records in vehicle

16. Keeping the promises: don’t
Forget about company tachograph card
Forget to lock data in/out
Omit regular downloads
Just leave data somewhere in cyberspace
Hand infringement report after infringement report to drivers without taking action
Forget to compare driver card/VU data
Trust the drivers to get it right
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

17. Avoid

18. You must Have a contract Be paid Physically attend the premises
Be known to the drivers

19. Financial standing New requirements from 1 January 2017 2016 2017
% increase
First vehicle
£6650
£7850 18
Each further vehicle
£3700
£4350
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

20. Financial standing Fleet size 2016 2017 5 £21,450 £25,250 10 £39,950
£47,000 20
£76,950
£90,500
Traffic Commissioner for London and the South East of England
Traffic Commissioners and Deputy Traffic Commissioners' Annual Professional Development Seminar 2015

21. Tacho card abuse Card 1 0600-1700 Card 2 2100-0300 Driver Operator 1

22. Tacho card abuse Driver Offence Outcome Driver 1 Possessing two cards
Six weeks suspension
Driver 2
7 x false record
Six months disqualification
Driver 3
17 x false record
One year disqualification
Driver 4
32 x false record
Indefinite disqualification

23. Tacho cards Check drivers destroy old ones
Beware drivers who lose cards regularly
Check to see they are using latest issue card