Keeping tippers & tankers compliant

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1 Keeping tippers & tankers compliant

2 Kevin Rooney North East Traffic Commissioner

3 Traffic Commissioners for Great Britain Kevin Rooney Traffic Commissioner North East of England Championing safe, fair and reliable passenger and goods transport

4 Traffic Commissioners for Great Britain Agenda: Guide to Maintaining Roadworthiness 2014 Is your CPC holder your transport manager, and is he or she doing his or her job? Driver CPC Championing safe, fair and reliable passenger and goods transport

5 Traffic Commissioners for Great Britain Guide to Maintaining Roadworthiness: ISO 8601 Traction-only operators Facilities and roller brake testing Active management of maintenance systems Professionalising the industry Championing safe, fair and reliable passenger and goods transport

6 Traffic Commissioners for Great Britain PMI a couple of days early? Championing safe, fair and reliable passenger and goods transport

7 Traffic Commissioners for Great Britain Championing safe, fair and reliable passenger and goods transport

8 Traffic Commissioners for Great Britain Facilities and equipment: Championing safe, fair and reliable passenger and goods transport

9 Traffic Commissioners for Great Britain Facilities and equipment: Championing safe, fair and reliable passenger and goods transport

10 Traffic Commissioners for Great Britain Championing safe, fair and reliable passenger and goods transport

11 Traffic Commissioners for Great Britain Championing safe, fair and reliable passenger and goods transport

12 Traffic Commissioners for Great Britain Championing safe, fair and reliable passenger and goods transport

13 Traffic Commissioners for Great Britain Championing safe, fair and reliable passenger and goods transport

14 Traffic Commissioners for Great Britain Article 2 (5) EU Regulation 1071/2009 Transport Manager means: a natural person employed or contracted who effectively and continuously manages the transport activities of that undertaking; Championing safe, fair and reliable passenger and goods transport

15 Traffic Commissioners for Great Britain Transport Manager s Tasks: vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures; Note the and It s not only! Championing safe, fair and reliable passenger and goods transport

16 Traffic Commissioners for Great Britain Maintenance systems must be managed: properly set up and planned drivers reporting defects and rectification PMIs reviewed for driver defects PMIs reviewed for adequate frequency and correct standard Championing safe, fair and reliable passenger and goods transport

17 Traffic Commissioners for Great Britain Transport Manager s Tasks: vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures; Note the and It s not only! Championing safe, fair and reliable passenger and goods transport

18 Traffic Commissioners for Great Britain Who is the TM? Knowledge & skills Impact Decision making & autonomy Position in the organisation Management of resources Capacity Championing safe, fair and reliable passenger and goods transport

19 Traffic Commissioners for Great Britain Who d be a TM? Action at PI Repute Competence Both Championing safe, fair and reliable passenger and goods transport

20 Traffic Commissioners for Great Britain TRAFFIC COMMISSIONER Written Reasons for an Oral Decision Public Inquiry in Bristol OHXXXXXXX DECISION The Goods Vehicles (Licensing of Operators) Act 1985 (as amended) ( the Act ) Following findings under Section 26 of the Act, the licence is curtailed to 11 vehicles and 11 trailers with effect from 23:59 hours on 23 May 2014 for a period of 14 days. Under Section 26.6 of the Act, the vehicles curtailed during that period cannot be used under authority of any other licence during the curtailment period. [Transport Manager] has lost his professional competence and is disqualified from acting as a transport manager in any member state for an indefinite period. Championing safe, fair and reliable passenger and goods transport

21 Keeping tippers & tankers compliant

22 Steven Brougham Area manager DVSA

23 Tip-Ex Tank-Ex Seminar Event Harrogate May 29 th and 30 th Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

24 Content How good are you? DVSA Structure Roadside Encounters Tipper Data Driver CPC Next Generation Test Questions 24 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

25 How Good Are You? Who would you compare yourselves with in respect of where you think you sit with your levels of transport compliance? 25 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

26 DVSA Structure The DVSA are responsible for a number of tasks: Annual Testing Roadside Enforcement Accident Investigation Vehicle Certification Vehicle Safety Branch (Recalls & Manufacturing Issues) Vehicle Identity Check Manage Operator Licensing Manage light vehicle MOT scheme Bus monitoring Punctuality, BOAM & BSOG Training & Education BOAM = Bus Operator Account Manager BSOG = Bus Service Operators Grant 26 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

27 Roadside Enforcement Worthy of clarification at this point.. DVSA roadside enforcement is divided into two distinct groups. Mechanical inspections Carried out by VE s Traffic inspections Carried out by TE s Both functions are overseen by SVE and STE staff In turn these staff are then overseen by an AM VE = Vehicle Examiner TE = Traffic Examiner AM = Area Manager SVE = Senior Vehicle Examiner STE = Senior Traffic Examiner 27 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

28 Roadside Enforcement What is a roadside inspection? Why have I been stopped? What is a Sift? What documents should I expect to see? How long will I be here? 28 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

29 Roadside Examples 29 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

30 Roadside Examples 30 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

31 Roadside Examples Remember to check your nuts? 31 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

32 Don t be too tired to check Roadside Examples 32 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

33 Roadside Examples Take a break to check your brakes 33 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

34 Roadside Examples Steer clear of trouble 34 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

35 Roadside Examples 35 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

36 Roadside Data All Tippers GB Tipper Specific Encounters = 4395 GB Tipper Specific Prohibitions = 2099 Non GB Tipper Encounters = 15 Non GB Tipper Prohibitions = 10 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

37 Roadside Data GB Tippers Defects Found include: Condition of tyres = 582 Brake Systems & Components = 426 Running Gear = 373 Suspension = 272 Road Wheels & Hubs = 225 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

38 Roadside Data Non GB Tippers Defects Found include: Condition of tyres = 6 Suspension = 4 Indicators = 2 Service Brake = 2 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

39 Roadside Data All Tankers GB Tanker Specific Encounters = 254 GB Tanker Specific Prohibitions = 93 Non GB Tanker Specific Encounters = 1 Non GB Tanker Specific Prohibitions = 0 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

40 Roadside Data GB Tankers Defects Found include: Brake Systems & Components = 24 Condition of tyres = 17 Suspension = 12 Indicators = 11 April 2013 to February 2014 Lamps = Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

41 Roadside Data GB Tankers April 2013 to February 2014 Offences Found include: Equipment in the IIW is not available = 58 None or inadequate fire extinguishers = 54 Load in scope of CDG regulations but vehicle has no hazard markings displayed = 38 No instructions in writing = 35 Insecure load which presents a danger to public = Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

42 Driver CPC Enforcement In the last 12 months 204 offences for Driver CPC were recorded at the roadside. Of those 110 resulted in a fixed penalty action. 107 for driver CPC - no evidence of training or exemption 3 for No initial or periodic training 42 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

43 Driver CPC Enforcement 51 = HGV, 59 = PSV 95 = GB drivers (inc NI) 15 Non UK Country Number of CPC Offences Germany 1 Great Britain 92 Eire 5 Lithuania 2 Latvia 1 Northern Ireland 3 Poland 4 Romania 1 Slovakia 1 43 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

44 Next Generation Testing To modernise and move to meet with industry demand: Deploy staff from home Work flexibly to cover greater demand outside of traditional core hours Ensure staff are more commercially aware Mobile ICT and low carbon transportation New & professional image Centralise support reducing administration burden 44 Driver and Vehicle Standards Agency incorporating DSA and VOSA

45 Final Points What are you without an O licence? Can you access your encounter history? An O licence is Not just for Christmas Do you know your OCRS score.? Your drivers are your shop window Compliance is not an option 45 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

46 Keeping tippers & tankers compliant

47 Mark Davies Solicitor Backhouse Jones

48 Keeping Tippers & Tankers Compliant You and your maintenance regime Mark Davies & Michael Cunningham

49 The Impact Of Poor Maintenance The most common cause of public inquiries Penalty Notices and Prosecutions Individual liability Good Repute and Professional Competence Disqualification Fines or worse?

50 Public Inquiries Unsatisfactory Maintenance Investigations (MIGs) Prohibitions Low MoT Pass Rates Poor vehicle condition on fleet inspection Missing documents / gaps Poor paperwork Contradictory paperwork PMI v DDR Poor systems Lack of training and auditing/follow up action

51 Prosecutions Construction & use offences brakes/steering/lights etc Using vehicle in dangerous condition Dangerous driving Manslaughter / Corporate Manslaughter

52 If It All Goes Wrong You re in the hot seat! Responsibility & accountability = giving evidence! Persuading the court or TC that best practice has been followed Independent evidence or the damning lack of it!

53 Meeting the obligations: Ensuring compliance Robust systems Training Auditing Action

54 Best Practice - Keeping Up To Date Guide to Maintaining Roadworthiness DVSA guides IRTE guides auditing Industry guides reports - e.g. TRL Keeping up to date on ever developing subjects e.g. Drivers Defect Reporting

55 Mark Davies & Michael Cunningham

56 Q&A

57 Keeping tippers & tankers compliant

58 Kevin Rooney North East Traffic Commissioner

59 Keeping tippers & tankers compliant

60 Steven Brougham Area manager DVSA

61 Tip-Ex Tank-Ex Seminar Event Harrogate May 29 th and 30 th Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

62 Content How good are you? DVSA Structure Roadside Encounters Tipper Data Driver CPC Next Generation Test Questions 62 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

63 How Good Are You? Who would you compare yourselves with in respect of where you think you sit with your levels of transport compliance? 63 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

64 DVSA Structure The DVSA are responsible for a number of tasks: Annual Testing Roadside Enforcement Accident Investigation Vehicle Certification Vehicle Safety Branch (Recalls & Manufacturing Issues) Vehicle Identity Check Manage Operator Licensing Manage light vehicle MOT scheme Bus monitoring Punctuality, BOAM & BSOG Training & Education BOAM = Bus Operator Account Manager BSOG = Bus Service Operators Grant 64 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

65 Roadside Enforcement Worthy of clarification at this point.. DVSA roadside enforcement is divided into two distinct groups. Mechanical inspections Carried out by VE s Traffic inspections Carried out by TE s Both functions are overseen by SVE and STE staff In turn these staff are then overseen by an AM VE = Vehicle Examiner TE = Traffic Examiner AM = Area Manager SVE = Senior Vehicle Examiner STE = Senior Traffic Examiner 65 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

66 Roadside Enforcement What is a roadside inspection? Why have I been stopped? What is a Sift? What documents should I expect to see? How long will I be here? 66 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

67 Roadside Examples 67 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

68 Roadside Examples 68 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

69 Roadside Examples Remember to check your nuts? 69 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

70 Don t be too tired to check Roadside Examples 70 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

71 Roadside Examples Take a break to check your brakes 71 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

72 Roadside Examples Steer clear of trouble 72 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

73 Roadside Examples 73 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

74 Roadside Data All Tippers GB Tipper Specific Encounters = 4395 GB Tipper Specific Prohibitions = 2099 Non GB Tipper Encounters = 15 Non GB Tipper Prohibitions = 10 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

75 Roadside Data GB Tippers Defects Found include: Condition of tyres = 582 Brake Systems & Components = 426 Running Gear = 373 Suspension = 272 Road Wheels & Hubs = 225 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

76 Roadside Data Non GB Tippers Defects Found include: Condition of tyres = 6 Suspension = 4 Indicators = 2 Service Brake = 2 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

77 Roadside Data All Tankers GB Tanker Specific Encounters = 254 GB Tanker Specific Prohibitions = 93 Non GB Tanker Specific Encounters = 1 Non GB Tanker Specific Prohibitions = 0 April 2013 to February Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

78 Roadside Data GB Tankers Defects Found include: Brake Systems & Components = 24 Condition of tyres = 17 Suspension = 12 Indicators = 11 April 2013 to February 2014 Lamps = Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

79 Roadside Data GB Tankers April 2013 to February 2014 Offences Found include: Equipment in the IIW is not available = 58 None or inadequate fire extinguishers = 54 Load in scope of CDG regulations but vehicle has no hazard markings displayed = 38 No instructions in writing = 35 Insecure load which presents a danger to public = Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

80 Driver CPC Enforcement In the last 12 months 204 offences for Driver CPC were recorded at the roadside. Of those 110 resulted in a fixed penalty action. 107 for driver CPC - no evidence of training or exemption 3 for No initial or periodic training 80 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

81 Driver CPC Enforcement 51 = HGV, 59 = PSV 95 = GB drivers (inc NI) 15 Non UK Country Number of CPC Offences Germany 1 Great Britain 92 Eire 5 Lithuania 2 Latvia 1 Northern Ireland 3 Poland 4 Romania 1 Slovakia 1 81 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

82 Next Generation Testing To modernise and move to meet with industry demand: Deploy staff from home Work flexibly to cover greater demand outside of traditional core hours Ensure staff are more commercially aware Mobile ICT and low carbon transportation New & professional image Centralise support reducing administration burden 82 Driver and Vehicle Standards Agency incorporating DSA and VOSA

83 Final Points What are you without an O licence? Can you access your encounter history? An O licence is Not just for Christmas Do you know your OCRS score.? Your drivers are your shop window Compliance is not an option 83 Driver and Vehicle Standards Agency incorporates incorporating DSA and VOSADVSA incorporates DSA and VOSA

84 Keeping tippers & tankers compliant

85 Mark Davies Solicitor Backhouse Jones

86 Keeping Tippers & Tankers Compliant You and your maintenance regime Mark Davies & Michael Cunningham

87 The Impact Of Poor Maintenance The most common cause of public inquiries Penalty Notices and Prosecutions Individual liability Good Repute and Professional Competence Disqualification Fines or worse?

88 Public Inquiries Unsatisfactory Maintenance Investigations (MIGs) Prohibitions Low MoT Pass Rates Poor vehicle condition on fleet inspection Missing documents / gaps Poor paperwork Contradictory paperwork PMI v DDR Poor systems Lack of training and auditing/follow up action

89 Prosecutions Construction & use offences brakes/steering/lights etc Using vehicle in dangerous condition Dangerous driving Manslaughter / Corporate Manslaughter

90 If It All Goes Wrong You re in the hot seat! Responsibility & accountability = giving evidence! Persuading the court or TC that best practice has been followed Independent evidence or the damning lack of it!

91 Meeting the obligations: Ensuring compliance Robust systems Training Auditing Action

92 Best Practice - Keeping Up To Date Guide to Maintaining Roadworthiness DVSA guides IRTE guides auditing Industry guides reports - e.g. TRL Keeping up to date on ever developing subjects e.g. Drivers Defect Reporting

93 Mark Davies & Michael Cunningham

94 Q&A

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