Background

JMW Solicitors Commercial Road Transport team acted for a haulage operator who incurred an ‘S’ marked prohibition and fixed penalty notice due to an insecure load.

This led to an unannounced DVSA maintenance investigation, which resulted in an ‘Unsatisfactory’ outcome, and the Traffic Commissioner calling the Operator and its nominated Transport Manager to a Public Inquiry.

The Traffic Commissioner has the power to revoke, suspend or curtail an operator licence, without which the operator cannot operate commercial vehicles. As a haulage company, the company would likely face insurmountable difficulties if the licence were revoked.

How JMW helped

The team, led by partner Scott Bell and supported by solicitor Emily Hopkins and trainee solicitor Holly Murphy, reviewed the papers and decided on the strategy moving forward.

This involved written submissions to the Traffic Commissioner, drawing their attention to:

• The operator’s transparency in relation to their shortcomings surrounding the ‘S’ marked prohibition, and highlighting the action taken to prevent such incidents from recurring.
• Highlighting that whilst the load security methods did not comply with DVSA guidance (which had been recently updated), the DVSA did not allege that the load securing methods were dangerous.
• An internal investigation of compliance systems showing the positive steps taken in relation to several areas of vehicle maintenance and driver management.
• The lack of adverse compliance history for the operator and Transport Managers in question, and in particular, no history of dangerous loads.
• Demonstrated how the operator had reflected on practices and shown a clear readiness to improve compliance systems, which had since resulted in real change.

In addition, JMW’s strategy involved a written response to the DVSA officer who prepared the pre-Public Inquiry report, highlighting the vehicle test failure rate, which was much improved, and the lack of any negative roadside encounters since the MIVR took place. We also provided explanations alongside supporting evidence for the issues raised in the pre-PI report.

Outcome

The DVSA officer provided an addendum report before the Public Inquiry, concluding that there had been significant improvements and that he had no further concerns with the operator.

Ultimately, the operator was issued a formal warning for the load-related prohibition notices, alongside an undertaking to conduct an audit and provide the results to the OTC.  No other regulatory action was taken.