The Dangers of Delegation – PSV Operator Keeps Their Licence After Traffic Commissioner’s Public Inquiry

This PSV Operator, represented by Harry Bowyer, was both Director of the firm and Transport Manager. He employed a CPC qualified Transport Manager to whom he delegated much of the compliance supervision without actually nominating him as a Transport Manager for the company. The Operator put too much trust in this employee and failed to oversee his activities putting him in breach of his duties both as Director and Transport Manager.

The results were disastrous and a DVSA audit showed that drivers were driving hundreds of miles without their cards in, taking the vehicles home and using them for their own purposes. This conduct appeared to have been sanctioned by the rogue employee who did not have either the experience or the abilities that he had led his employer to believe. Little of this was picked up by the compliance systems then in place and if it was picked up little was done to discipline or educate the drivers.

Fortunately the Operator acted immediately to remedy the situation immediately it was pointed out by the DVSA but was not able to do enough to prevent the case being called in. SBC advised that a compliance audit be conducted which revealed that the operation was still below par and enabled further fixes to be put in place before the Public Inquiry.

The Deputy Traffic Commissioner was impressed with the complete disclosure made by the operator as to the failings found by the Traffic Examiner and the immediate attempts to remedy them.

The Licence was allowed to continue subject to a number of undertakings and a temporary curtailment of the licence to reflect the regulatory failings