Avoiding Operator Licence Compliance Failings: Key Lessons from OK Transport Heysham Ltd’s Public Inquiry
In August 2024, OK Transport Heysham Ltd faced significant challenges during a Public Inquiry held by the Deputy Traffic Commissioner. This case serves as a stark reminder of the importance of maintaining compliance with Operator Licence obligations. Let’s explore key lessons from this case to help your business avoid similar pitfalls and ensure smooth operations.
1. Ensure Timely Appointment of a Qualified Transport Manager
A major issue for OK Transport Heysham Ltd was the lack of a Transport Manager (TM) after their previous TM resigned in June 2024. The operator had a grace period to appoint a new TM but failed to do so in time. A last-minute nomination on the eve of the inquiry was deemed too late. As a result, the absence of a TM meant the company was in breach of mandatory requirements for professional competence.
Lesson: Always ensure that a qualified TM is in place, and plan for timely appointments in case of resignations or departures. Transport Managers play a crucial role in maintaining compliance and avoiding regulatory action.
2. Maintain Regular and Robust Vehicle Maintenance
The inquiry revealed several maintenance failures, including overdue inspections and poor-quality reports. In one instance, a trailer had a brake defect that should have been caught during an inspection. The Vehicle Examiner expressed concerns about stretched inspection intervals and poor defect reporting.
Lesson: Vehicle maintenance should be a top priority. Ensure vehicles and trailers are inspected at the correct intervals and any defects identified are promptly addressed. Regular roller brake testing and proper documentation are critical for compliance.
3. Effective Communication Between Directors, TMs, and Drivers
The inquiry highlighted communication breakdowns within OK Transport Heysham Ltd. The TM claimed not to have been informed about key prohibitions and lacked effective control over the compliance process. Directors also faced challenges in maintaining communication with the TM, further exacerbating the situation.
Lesson: Foster open and clear communication between all levels of your business. Directors, TMs, and drivers should be aware of any compliance issues, prohibitions, or regulatory concerns so they can be addressed promptly.
4. Act Promptly on DVSA Recommendations
A DVSA investigation led to recommendations for improvement, but OK Transport Heysham Ltd failed to act on them effectively. Delayed or insufficient responses to DVSA findings can lead to stricter regulatory action during a Public Inquiry.
Lesson: Take DVSA investigations and recommendations seriously. Promptly address any concerns raised and ensure that necessary actions are taken to avoid further scrutiny.
5. Be Prepared for Public Inquiries
One of the main issues for OK Transport Heysham Ltd was the lack of preparation for the Public Inquiry. Key evidence, including maintenance records, was submitted late, and the absence of the TM at the hearing further weakened the operator's case.
Lesson: If called to a Public Inquiry, prepare thoroughly. Submit required evidence on time, and ensure all key individuals, especially the TM, attend the hearing. Lack of preparation or absence can significantly harm your case.
6. Uphold Financial Standing
The inquiry also found that OK Transport Heysham Ltd did not have the financial standing required to hold their licence. This led to the grounds for mandatory revocation of the licence.
Lesson: Regularly assess your financial standing to ensure it meets the regulatory requirements for your operator licence. Financial stability is a key component of compliance.
Conclusion
The case of OK Transport Heysham Ltd underscores the importance of maintaining full compliance with Operator Licence requirements. Ensuring the appointment of a qualified TM, adhering to maintenance schedules, acting on DVSA recommendations, fostering communication, and preparing thoroughly for Public Inquiries are all critical to avoiding regulatory action. Following these lessons will help protect your business and maintain your reputation in the road haulage industry.
Read more here: https://www.gov.uk/government/...
