“S” Marked Prohibition Operator Keeps Licence by Skin of their Teeth at Traffic Commissioner’s Public Inquiry

An “S” marked Prohibition brought the Traffic Commissioner’s attention to this operator. The subsequent DVSA
Maintenance investigation showed that shortcomings remained with the operation, relating to its use of the operating centre, maintenance records and MOT test history. Murray Oliver represented the Operator at Public Inquiry and helped the operator to understand why the problems had happened.

The Traffic Commissioner also made refence to the HMRC guidance on night out payments which exceed the £26.20 tax free allowance for truck drivers who spend nights out where a sleeper cab is provided. The rate is £34.90 if the driver does not have access to a sleeper cab. Drivers who are paid above this rate must declare the amount over and above the tax free allowance and pay tax on the difference.

The operator, once they had accepted there had been shortcomings was able to demonstrate how they would recognise the problems in the future and how to manage their maintenance contractors better and this helped the Transport managers to prove that they had the potential to be compliant.
The Traffic Commissioner remained concerned about the evidence the operator could show to prove that their vehicles and trailers had fully operational braking systems so to protect road safety the fleet was allowed to return to base and be given laden brake tests. The Traffic Commissioner accepted undertakings for an audit to be submitted in 6 months time which will help this operator to prove that it has made the required changes and possibly support an application to increase their O licence in the future.