It is becoming more common for operators to receive a letter inviting them to a preliminary hearing before the Traffic Commissioner. What are these and how important are they?
A preliminary hearing is called, either if the Traffic Commissioner has concerns.
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Category Archives: Topic of the Month
Driver CPC deadline – what next?
September 10th is the deadline for truck drivers to have completed their CPC training. It will then be an offence for a driver to drive a vehicle which is subject to the Driver Certificate of Professional Competence requirement or for.
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Scottish independence and its effect on operator licences
Should there be a Yes vote for Scottish independence in the forthcoming referendum, then there will be consequences for the haulage industry throughout the whole of the United Kingdom. As regards operator licensing much will depend upon whether a newly.
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A period of grace is not an automatic right.
Traffic Commissioners can grant a period of grace at a public inquiry but it is at their discretion. A recent case shows how important it is to go fully prepared to a public inquiry.
A recent Upper Tribunal case involved an.
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The seven deadly sins not to commit at a Public Inquiry
Been called to a public inquiry before the Traffic Commissioner, don’t fall foul of these mistakes:-
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- Failing to take the matter seriously . You may have heard horror stories or that someone else appeared before the Commissioner and “it was.
Tightening of tachograph rules for the civil engineering sector.
Some sections of the industry, who have relied upon an exemption from the requirement to use tachograph equipment, may find that they now need to install and use tachograph equipment in their vehicles, due to tightening of tachograph rules for.
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Declaring offences to the Traffic Commissioner
One question on the application form for a goods vehicle operator licence, which causes applicants problems related to declaring offences to the Traffic Commissioner. The introduction of recent legislation has made significant changes to the Rehabilitation of Offenders Act 1974,.
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Confusion leads to loss of operator’s licence
A case involving termination by the Traffic Commissioner of an operator's licence due to non payment of renewal fees has recently been heard by the Upper Tribunal, where the operator appears to have been misled by the dates specified on.
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Government reduces red tape and proposes making changes to tachograph rules.
As part of the Government’s incentive to reduce the burden on small businesses, it is proposing to changes to tachograph rules, including the maximum length of time between which an operator must take a download from the digital tachograph.
The current.
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Change in finance levels for Standard operator licences
There has been an increase in the amount of finance required for the holders and applicants for standard operator licences, reflecting a slight increase in the amounts needs. The revised figures are £7400 for the first vehicle and £4100 for.
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When is a vehicle being used for carrying passengers?
A recent case has shown that a vehicle does not have to be in motion, to be used for carrying passengers.
The case involved a company that had a contract with a local authority to provide a school bus services. .
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Traffic Commissioner revokes operator’s licence as transport manager unable to provide CPC certificate
A recent Upper Tribunal case shows that failure to communicate with the Traffic Commissioner’s office can have severe consequences as a transport manager was unable to provide CPC certificate, even though the transport manager finally provided a copy of the.
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European court gives ruling on sponsorship and the use of a tachograph.
The European court has given a preliminary ruling on whether there is an obligation to install and use of a tachograph when a vehicle is being used for the non commercial carriage of goods, particularly taking a rally car.
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Transport manager warned by Traffic Commissioner of importance of forms.
A recent case has highlighted the importance of providing VOSA and the Traffic Commissioner’s office with requested information. The case involved the request that was made to all transport managers prior to the implementation of changes in the operator licensing.
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VOSA issues guidance for white vans
VOSA have recently issued a best practice guide for the van industry. In the introduction, the Senior Traffic Commissioner, Mrs Bell, states that it has recently become clear that many vans and their drivers are not as safe as they.
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Think first before applying for a goods vehicle operator’s licence
Recent weeks have seen signs that the economy may be improving. Some may be thinking about submitting an operator’s licence application for the first time or increasing the number of vehicles which they currently operate. A recent case that was.
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Driver CPC – Government considers widening the exemptions.
The countdown to the cut off point for compliance with the 35 hours qualifying training is fast approaching; for drivers who hold a licence to drive a PCV, the date is 10 September this year and for those who hold.
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Your chance to comment on the effect of EU membership on transport law.
The government is carrying out a review of the balance of competences between the UK and the EU. As part of this exercise it is asking for evidence of what are the advantages and disadvantages to the UK of EU.
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Driver CPC training -attending the course is not enough.
For some time, at public inquiries, Traffic Commissioners have been critical of those who are leaving their driver CPC training to the last minute. However, Traffic Commissioners are looking for more than just attendance on the course.
In a recent case,.
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Public inquiry before the Traffic Commissioner – be prepared
A recent case has shown the importance of being properly prepared for a public inquiry before the Traffic Commissioner. The operator had attended a public inquiry to consider an application for a new licence without the assistance of a solicitor..
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Transport manager grandfather rights – use it or lose it!
Although it is now well known that Traffic Commissioners can make a ruling that a transport manager is no longer fit to practice, some are in danger of inadvertently losing their right to work as a transport manager.
The situation affects.
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You and your transport manager; one of life’s great partnerships?
The days of a casual relationship with your nominated transport manager are long gone. Traffic Commissioners can and do take action against transport managers who are not fulfilling their statutory duties.
It is now nearly a year since Traffic Commissioners.
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Traffic Commissioners, finance and the rule of unintended consequences
A couple of recent appeal cases have emphasised the importance that traffic commissioners place on an operator being of the correct financial standing. It is vital that if you are called to a public inquiry or asked to produce financial.
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Couple fall foul of s.172 requirement to advise who was driving.
A recent case has looked at whether the notice requiring the registered keeper of a vehicle to identify who was the driver can be served on more than one registered keeper.
The appellants, who were husband and wife, were both nominated.
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Vehicle carrying catering kiosks – does it need an operator’s licence?
VOSA have sought a ruling on whether a lorry carrying catering kiosks that were used for serving refreshments fell within the exemption to be a showman’s vehicle and therefore was exempt from the requirement for an operator’s licence and also.
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Had one too many, then beware of manoeuvring a vehicle even on your own property.
A recent case has shown that if you are over the prescribed limit then even if you are manoeuvring a vehicle even on your own property, you could risk a prosecution for drink driving.
The case involved what was meant by.
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Changes to VOSAs operator compliance score – there will be nowhere to hide.
It is now some six years since VOSAs operator compliance score was introduced. The changes which come into place at the end of April will mean that those who have avoided being called over for roadside checks may find that.
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EU ruling on tachograph fines
The European Court has given a preliminary ruling on the legality of tachograph fines and offences. The case involved a driver who had failed to enter his odometer reading at the end of his working day.
Mr Urban is a Hungarian.
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Animal welfare transporter authorisation due for renewal
EU regulation 1/2005 introduced the requirement for those who transport live vertebrate animals over a distance of more than 65kms and as part of an economic activity to hold animal welfare transporter authorisation.
These certificates are issued by the Animal Health.
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Traffic Commissioners issue guidance for applications for operator licences during the Olympics
Proposals have been drawn up to allow for urgent applications to be made to vary an operator licences during the Olympics, in order for businesses to continue to make deliveries during the Olympic Games. Such variations may include specifying a.
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Stuck in traffic – no joke
Although the government have made limited provisions for the relaxation of drivers' hours rules, if stuck in traffic during this severe weather it is worth remembering the Article 12 provisions that allow deviation from the drivers' hours rules
The provisions state.
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A new approach from Traffic Commissioner to public inquiries
Fundamental changes to the rules regarding public inquiries and the role of traffic commissioners are now in place. The changes result from the adopting of a 2009 EU Regulation and its incorporation and resulting amendment to the Goods Vehicles (Licensing.
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VOSA introduces new application form for an operator’s licence
Those looking for a goods vehicle licence will now have to complete the new application form for an operator’s licence, which is more stringent. The new VOSA form shows that Traffic Commissioners are getting tough on those who fail to.
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Operator licence holders – don’t miss the 17 October deadline
There are new changes for operator licence holders which will affect holders of standard national and international licences. A new register of licence holders is being created with the aim of improving the information available about operators and their transport.
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Being green – but still need a tachograph
In a recent case looking at the exception from the requirement to comply with the EU drivers’ hours rules and use a tachograph, the European Court has given a preliminary ruling that it is not willing to extend the exemption.
It.
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Tachograph offences – what constitutes driving?
A recent court case has clarified the position about what a driver needs to record on his tachograph to avoid tachograph offences.
Drivers are often confused about what the position is if they go out to take over a vehicle, fitted.
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Face to face with the Traffic Commissioner
So you know the time and place for the public inquiry and what the public inquiry is about, but how well prepared are you to come face to face with the Traffic Commissioner?
Here are 6 points to bear in mind.
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- Realise.
Traffic Commissioners get tough with Transport Managers
New regulations which will apply from December 2011, propose to regularise the relationship between an operator and his transport manager, meaning the it's likely to see Traffic Commissioners get tough with Transport Managers.
There will need to be a contract.
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Financial standing for operators – another nail in the coffin of the small haulier?
With rising fuel costs and general price inflation, the new EU Regulation on Access to the Occupation of Road Transport Operator may be just what the industry does not want to hear.
The Department for Transport is currently seeking consultation on.
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Changes to drink drive laws
The government has introduced proposals to overhaul the drink drive laws, which are being heralded as the biggest changes in over 40 years.
Although there are no proposed changes to the legal limit, there are significant changes in the procedure that.
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Car insurance – is yours valid?
Recently introduced legislation aims to target those drivers who drive without car insurance. Under powers introduced last month, it is not only an offence to drive an uninsured vehicle but also to keep one.
If you are the registered keeper of.
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An operator’s licence or not an operator’s licence?
What is and is not a goods vehicle, do I need an operator’s licence or not an operator’s licence? These are not as easy questions as you may think. A recent case has given some clarification to this difficult problem.
It.
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New drivers – make sure that you are insured.
In the euphoria of passing your driving test, don’t forget that the Road Traffic (New Drivers) Act 1995, establishes a two year probationary period for newly qualified drivers. If you accumulate 6 or more points during that period then the.
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Change of Mind – Guilty Plea Driving Offence
A recent case has shown the when served with a summons, the defendant should consider the matter carefully before submitting a guilty plea.
The defendant had pleaded guilty by post to a driving offence. He then received notification that the.
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Legal costs – a victory for the innocent
Potential defendants should welcome the recent ruling made against plans for those found innocent to bear a greater proportion of their legal costs.
Regulations introduced last year significantly reduced the amount that an innocent defendant or one against whom charges had.
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Taking the penalty
Provisions contained in the Road Safety Act 2006 came into force at the end of March 09, meaning that there are new powers for the Police and VOSA to impose fixed and graduated fixed penalties for a variety of construction.
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Driver unable to find safe parking
A recent court case has emphasised the need for a driver to mark the back of his tachograph chart or make a manual entry if there are emergency reasons to depart from the drivers’ hours rules.
Many professional drivers are familiar.
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How soon do I need to report an accident?
Don’t fall foul of the requirements to report an accident and risk having a minimum of 5 unnecessary points on your licence.
Do I need to report an accident? Yes! The Road Traffic Act 1988 makes it clear that where there.
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Careless talk costs points on your licence
Don’t get caught this Christmas with an unexpected present in the form of points on your licence. A recent Transport Research Laboratory study shows that more people are continuing to use hand held mobile phones, despite the fixed penalty having.
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Thinking of making an application of an operator’s licence?
It is vital that you get your application of an operator's licence right first time. Make a mistake and not only will it delay the application but there could be more serious consequences as to whether the application is ever.
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The new driver CPC – the hidden costs for non-compliance
The LGV driver CPC requirements come into effect on 10 September 2009; those who already have a vocational licence will be granted acquired rights but nevertheless will need to complete 35 hours training within 5 years of the introduction to.
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Beware of the dangers of summer drinking
The government is about to launch a campaign to persuade people of the consequences and dangers of summer drinking and driving, not only on the number of fatalities and serious injuries, but also the personal consequences on the defendant, which.
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New L plate proposals
The Government has introduced proposals to reform L plate proposals and the system by which we learn to drive. This is in an attempt to cut the number of road deaths, particularly amongst newly qualified drivers. The Driving Standards Agency intends.
Don’t get caught without an operator’s licence
If you fail to hold an operator's licence and use a goods vehicle on a road for the carriage of goods for hire and reward, or in connection with a trade or business, then not only are you guilty of.
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How to lose your operator’s licence without thinking
It is all too easy to lose your operator's licence without thinking, by making fatal errors long before you step through the inquiry room door. Every incident that could lead to a conviction should be treated as having a potentially.
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Perils associated with a winter wonderland
Although some may be hoping for a white Christmas and for children the recent cold snap brought the pleasure of being able to play in the snow, for motorists, the winter weather brings additional problems. For those who are unfortunately.
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New provisions for careless driving.
Changes to sentencing guidelines and the part introduction of provisions of the Road Safety Act during August 2008 have meant a shift in the emphasis placed on careless driving. The changes will hit home the message that driving involves control.
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Blue badge parking – abuse and reform
As the population ages and parking becomes more expensive, so the temptation has increased to abuse the blue badge parking scheme.
The scheme currently operates under The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 and is administered.
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All change to operator licensing
The current rules regarding obtaining an operator’s licence, employing transport mangers and the Traffic Commissioners’ powers have been in place since the mid 1990s. However proposals are afoot to make a change to operator licensing
According to Jaques Barrot, the former.
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Your NIP is in the post!
For certain offences and subject to certain exemptions, the law requires that the defendant must have either been warned at the time of the offence of the possibility of prosecution or served with either a summons or notice of intended.
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