Operator Keeps Licence and Obtains Increase in Authorised Vehicles After Unsatisfactory Desk Based Assessment | Smith Bowyer Clarke

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Operator Keeps Licence and Obtains Increase in Authorised Vehicles After Unsatisfactory Desk Based Assessment

This operator/transport manager, represented at Public Inquiry by barrister Harry Bowyer, was called in after he had failed to comply with undertakings made at a Senior Team Leader’s meeting which, along with a request to increase his authorisation by over 100%, triggered a DVSA desk based assessment which threw up further difficulties.

The subsequent call in was a wake up call for the operator. The main cause of his problems was that he was “wearing too many hats” – not only was he the director he was also the transport manager and also driving trucks –  compliance began to take a back seat. The solution was simple in that he hired another truck driver which then gave him time to concentrate on his director/transport manager duties.

Lessons to be learned:

  1. If you take too much on yourself you will come unstuck especially if one of your roles is driving. The drivers’ hours rules do not allow you to catch up at the weekends!
  2. Applying for a large increase in authorisation will very likely bring the attention of the Traffic Commissioner to your operation. Make sure that it can bear such scrutiny before you apply. Get an audit from a reputable consultant and fix what he finds. Better that you find your faults before the DVSA do!
  3. If you make undertakings to the Traffic Commissioner make sure that you abide by them or tell him/her why you cannot and apply to change them. It is best that you tell him/her than they find out!

Case Details

Case Name: Operator Keeps Licence and Obtains Increase in Authorised Vehicles After Unsatisfactory Desk Based Assessment
Case Date: February 2021
Case Type (info): Public Inquiry

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