Introduction
All of us have an interest in whether traffic law is appropriate, and whether it is appropriately enforced. Everyone uses the roads, and most of us use them in a variety of ways – as drivers, passengers, pedestrians or cyclists. We need a legal framework, which allows all road users to coexist safely and efficiently, and gives appropriate weight to the desire of users of motorised transport to reach their destination quickly and efficiently, while safeguarding the interests of other road users.
Legislation
If you are an operator of heavy goods vehicles (HGVs) and public service vehicles (PSVs), you must meet the governing legislation that the Traffic Commissioners have outlined in their Statutory Guidance Document. This is now in legislation, so if you operate within the UK or outside of the UK, you should ensure vehicles are roadworthy.
Operators must comply with the declaration they give to the relevant traffic commissioner that they will ensure that their vehicles are operated in a fit and serviceable condition. If operators intend making any change to their maintenance arrangements, they must update the details on the vehicle operator licensing system.
Enforcement of the operator-licensing scheme
The Goods Vehicles (Licensing of Operators) Act 1995 requires that any person who uses (ie ‘operates’) a goods vehicle or vehicles with a maximum gross weight over 3,500 kg in the course of a business must have an operator’s licence (generally referred to as an ‘O’ licence). Operators of public service vehicles also require a PSV operator licence issued under the Public Passenger Vehicles Act 1981 (as amended). A separate ‘O’ licence is required for each Traffic Area in which the user has an operating centre, but one ‘O’ licence will cover any number of operating centres within the same Traffic Area.
When considering an application for an ‘O’ licence, the Traffic Commissioners must consider, amongst other matters, whether there will be satisfactory facilities or arrangements for keeping authorised vehicles in a fit and serviceable condition. They will seek assurances that the applicant will conduct regular safety checks and inspections of the vehicles at specified intervals and keep records of those checks and inspections and their results. These details are ‘undertakings’ (formerly known as ‘statements of intent’) made for the purposes of obtaining a licence. Operators must ensure their listed inspection provider is up to date on the Vehicle and Operator Licensing service, please see link below.
www.gov.uk/manage-vehicle-operator-licence
At any time after a licence has been granted the Traffic Commissioners may direct that it be revoked or suspended, or that its scope be reduced on several grounds, including:
DVSA Traffic Officers
Examiners (employed by DVSA) provide the Traffic Commissioners with a technical assessment of a licensed operator’s maintenance arrangements. This assessment is normally made:
In the course of a maintenance assessment, vehicle examiners may wish to examine vehicles from the operator’s fleet, examine records of vehicle safety inspections kept by the operator, and inspect maintenance facilities. The extent to which records are inspected will depend on vehicle condition and the operator’s history. Failure to keep records of safety inspections is in itself a regulatory matter. The vehicle examiner may discuss with the operator appropriate safety inspection procedures and will report whether they consider the maintenance arrangements to be satisfactory; any deficiency may result in an unsatisfactory report, leading to possible regulatory action by the relevant Traffic Commissioner. In certain circumstances, eg where facilities at the operating centre do not allow adequate inspection, the operator may be asked to bring their vehicles and records into a suitable location for inspection.
Examiners may at any time:
DVSA also employ Enforcement Support Officers who have the power to stop a moving vehicle for the purpose of examining vehicles. These activities may be carried out by an officer in uniform standing by the roadside directing vehicles into a check site or by the use of a marked vehicle displaying a matrix sign giving directions to the driver.
Examiners may make visits to operating centres to examine vehicles or to check drivers’ records. They also conduct spot checks at the roadside. Examiners’ activities may extend beyond a visual inspection. Examiners have a range of equipment that operators may encounter, including mobile roller brake testers, exhaust smoke meters, and equipment to check the function and setting of the speed limiter.
When vehicle examiners encounter a defective vehicle at the roadside, on an operator’s premises or at an approved testing facility, they may issue a prohibition notice (form PG9) or a vehicle inspection notice, depending on the severity of the fault(s). A prohibition is a ban on the further use of the vehicle on a road. Prohibitions may take effect immediately or may be delayed for up to ten days, depending on whether there is an immediate danger to public safety. Exemptions may be issued, eg to allow a vehicle to be towed away for repair. A prohibition will not be removed until a vehicle examiner is satisfied that the vehicle is fit for service. As a minimum, this will entail an examination of the components and systems affected by the defects. However, at the examiner’s discretion it may be extended to include as much of the vehicle as needs to be inspected for the examiner to be satisfied it is roadworthy.
Other sanctions available to DVSA Examiners at the roadside include the issue of a Fixed Penalty Notice in relation to roadworthiness defects. Defects that relate to brakes, steering and tyres may also be endorsable and attract penalty points on the driver’s licence. In certain circumstances, your vehicle could be immobilised until the defects are rectified. If your vehicle is immobilised you will be required to pay a release fee before you are allowed to use your vehicle.
Road Traffic Incidents (RTIs)
Sometimes referred to as RTAs, are, in many cases, the result of:
One area of concern is the number of incidents of people ‘drug and drink driving’. Unfortunately, there are also instances of commercial vehicle drivers among the number of drivers that fail roadside drug and alcohol tests.
The number of people Killed or Seriously Injured because of drink or drugs is 5%. That is 5% too many.
The worst years for recorded accidents and casualties were 1965 and 1966. The fact that casualty figures (almost 60 years later) show a marked reduction, may be viewed as an improvement, especially considering that the distance travelled by all vehicles today is 4 times greater. However, consider also the reasons why less people are injured in RTA’s than they were 60 years ago, and it has little to do with improvements in driving standards.
Road casualties have fallen for several reasons, most notably due to:
