General Undertakings – You may remember filling in your application for an operator’s licence as though it was yesterday. If not, you will almost definitely remember the relief you felt after hearing the Traffic Commissioner had given you permission to begin running vehicles.
Every heavy goods vehicle (HGV) and Bus and Coach (PSV) operator agrees to a number of commitments when they apply to the Traffic Commissioner for a licence. These promises are always the same for restricted and standard operators, even though many restricted licence holders may not always see themselves as hauliers or passenger carriers.
So with this in mind, when was the last time you looked at your licence document?
Your continuing commitment to compliance, safety and fair competition
Operator licensing, as you know, is about a continuing commitment to compliance, safety and fair competition. This is why there are a number of standard undertakings and conditions attached to every licence. They are your promises – the minimum standards that you have agreed to maintain.
Therefore, whether you are a scaffolder, run a skip hire firm, carry out school runs or holiday excursions or transport goods for a supermarket chain, your operator licence commitments are the same. These are to:
- keep vehicles taxed, insured and in MOT
- check that drivers have the right licence to drive HGVs or PSVs
- keep vehicles and trailers roadworthy and not overload them
- obey the drivers’ hours and tachograph rules
- make sure that drivers do a daily walk-round check of the vehicle (recorded in writing) before starting to drive
- keep vehicle maintenance and driver-check records for 15 months
- not operate more than the maximum number of vehicles stated on the licence
- operate only from the operating centre(s) stated on the licence
- tell the Traffic Commissioner within 28 days, about:
- any convictions of the licence holder or their staff
- a change in maintenance arrangements
- a planned change in entity (ie from a sole trader to a partnership)
- a change in financial status (ie bankruptcy or entering administration)
Make good decisions every day about your vehicle and driver operations
These commitments also mean that traffic commissioners and enforcement bodies can identify and take action against those who are failing to comply.
So whether you hold a restricted or a standard licence, you should embed these promises into the decisions you make every day about vehicle and driver operations.
Remember, these decisions are the foundation of your compliance system and are there to benefit those operators who do things properly.
Operator’s Licence Undertakings
In order to ensure that your Operator’s Licence is protected, there are 11 important ‘undertakings’ that the Traffic Commissioner demands are satisfied at all times.
These undertakings, which, when issued with your operator licence, you will sign and agree to abide by. There are eleven undertakings as noted below:
- The laws relating to the driving and operation of vehicles used under this licence are observed.
- The rules on drivers hours and Tachographs are observed, and proper records are kept and that they are stored, also that records are readily available on request
- To ensure vehicles and trailers are not overloaded
- That all vehicles operator within speed limits
- To ensure drivers promptly report any defects that could prevent the safe operation of the vehicle or trailer and that all defects are recorded in writing.
- To ensure all vehicles and trailers, including hired vehicles and trailers, are kept in a fit and serviceable condition.
- To ensure you are keeping full records for a 15-month period for all drivers’ reports of defects, safety inspections, routine maintenance and repairs to vehicles. All these records need to be available on request.
- In respect of each operating centre specified, that the number of vehicles and number trailers kept there will not exceed the maximum number authorised at each operating
- An unauthorised operating centre is not used in any traffic area.
- You will inform the traffic commissioner against yourself, company, business partners, company directors and nominated transport manager/s named on the application.
- That you will ensure that, you will notify the traffic commissioner of any changes within 28 days, EG: proposed changes to maintenance arrangements. A change in the financial status of the licence holder (Liquidation etc) or a change to the limited company status or partnership that may affect the licence.
Source – Traffic Commissioners
