Topic of the Month
July 2009

Topic of the Month

Driver defect reporting- yet more paper filling or the key to successful operation?

Time and time again operators are called before the Traffic Commissioner for obtaining prohibitions for defects that should have been picked up by drivers, who swear that they did their daily checks, but nevertheless, their inactions could end up costing their boss his operator’s licence and the driver his job.

Will the situation improve now that VOSA and the police have the option to offer fixed penalties for offences such as using a vehicle in a dangerous condition?   Since September 2007, it has been the case that where a person has been convicted of an offence under s 40A of the Road Traffic Act 1988, ie using a vehicle in a dangerous condition and has a previous conviction for such an offence within the last three years, then the court is obliged to disqualify the offender for at least 6 months.   This should have brought home the message to both operators and drivers of the importance of an effective defect reporting system.   Although drivers can now be offered a fixed penalty which brings with it obligatory endorsement with 3 points, this is not technically a conviction and so there is no obligatory disqualification for the 2nd incident.   It does though mean the imposition of 3 penalty points, which if the case is heard at court, the driver may, in certain circumstances be able to avoid.   However it could be argued that penalty points on the licence does not send as strong a message as the fear of disqualification for a second offence.

 

There is no substitute for a written nil defect reporting system, which is regularly monitored for its effectiveness.  Those operators who have had a history of using vehicles in a defective condition will be more likely to be targeted for spot checks in the future.  Complacency is a recipe for disaster; be it an appearance before the Traffic Commissioner, or worse still, a criminal prosecution for a fatality.

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