We like to call undertakings a ‘bit of a catch all’.
It may be a challenge for any regulator to cover absolutely every base by writing an undertaking for every possible breach of law. Think about how many possible breaches of road traffic or health and safety laws there could be. This undertaking therefore ensures that any breach of law relating to operator licences, could lead to a breach of this undertaking given by the Traffic Commissioner.
On the Driver CPC courses we like to remind the drivers that haulage and passenger transport are one of the most regulated trades to be in. Below is a list of just some of the key laws which apply to operators of large vehicles: –
Road Traffic Act 1986
Construction and Use of Vehicles Regulations 1986
Road Vehicles Authorised Weight Regulations 1998
EU Drivers Hours Regulations
Working Time Regulations
Health and Safety at Work Act 1974
Health and Safety Regulations such as Working At Height (Amendment) Regulations 2007
And really, this list is only just the start of the very long list which ensues. It is therefore very important that operators do observe all of the regulations and laws relating to operator licencing. The Traffic Commissioner does not like operators who fail to operate within the law as it often leads to both unfair competition and/or dangerous working conditions.
An operator in 2015 had their Operator Licence revoked and various applications for a new licence refused on the basis of a fatal crushing in their operating centre. This demonstrates that just because a breach has come about off the public highway, and on the face of it would not be a concern to the Traffic Commissioner, all factors will be considered to determine if you have met this undertaking or not and your licence is at risk if you do not.
As a Traffic Commissioner said publicly recently, they would like operators to have a 6 monthly audit to ensure compliance. Audits like this are so important, and yet often not done due to cost and time, but they highlight the gaps in systems and show where companies can be more robust, plus highlight where changes may have happened within the industry that have been missed.
When we do compliance audits, we often find that companies say with conviction that they do everything as they should, but in reality this is not the case.
If you need any assistance with the topics covered in our Total Compliance Fortnightly Focus, please get in touch through firstname.lastname@example.org or by called 0345 9001312.
#operatorlicence #transport #compliance #drivers #trafficcommissioner #totalcompliance #fortnightlyfocus #hgv #drivercpc #tachograph #drivershours #audits