£30 FINE COULD SPELL THE END FOR SOME UK OPERATORS

23/09/2009

Anton Balkitis, partner at law firm Rothera Dowson claims that Operators aren’t considering the impact that multiple roadside penalties to drivers may have on their own operating licences. He explains:

“VOSA (Vehicle and Operator Services Agency) Officers have been issuing roadside penalties for a wide range of transport/traffic offences, such as the violation of drivers’ hours and loading levels since May 2009.

“Although Operators, unless they are also the drivers, will not receive Penalty Notices - the issuing of the Notices can have a significant effect on their Operator licences as Notices will be recorded and will affect their Operator Compliance Risk Score (OCRS).

“Each roadside Notice may only be a penalty of £30-00 to £200-00 now, but Operators found to be accumulating Penalty Notices frequently are likely to be at high risk of being called to a Public Inquiry before a Traffic Commissioner.

“This Public Inquiry is much like going to Court and can be very intimidating. Operators are required to give evidence and can face some quite probing questions. The Traffic Commissioner has the power to take action against an Operator's Licence such as suspension, revocation or curtailment. This could mean that the Operator may not be able to run any vehicles, which would mean the end of the business.”

Anton has spoken to VOSA with regard to enforcement, and the Agency has advised that the scheme is running exceptionally well and that it has already issued 11,000 graduated fixed penalties and immobilised 800 vehicles in its first three months.

“I leant from my conversations that information regarding roadside penalties is fed to a Regional Intelligence Unit which assess it,” continues Anton.

“There is also a mechanism in place whereby Senior Traffic Examiners attend monthly meetings and assess roadside encounters and if an Operator has had some encounters and is high up on the OCRS System, they would automatically be considered for a VOSA visit.

“It is following any unsatisfactory investigation of this type that Operators may find their Licence at risk at a Public Inquiry.

“Operators need to closely monitor all Notices received and in all instances address quality standards – either with drivers, depot teams or if necessary with company policy. By doing this, they will not only help to improve safety for their teams and other road users, but also protect their own businesses.”