Background

JMW acted for a vehicle operator who was subject to an unannounced onsite maintenance investigation by the DVSA – this is when the DVSA examiner comes on site and checks the Operator’s maintenance records, scheduled service checks and the efficacy of the repair work. They also inspect the operators in house maintenance facilities.

Of 12 inspection areas, the DVSA did highlight 2 unsatisfactory areas and 2 mostly satisfactory areas. The operator made written representations and no further action was required.

Three months after the inspection, the DVSA conducted a Desk Based Assessment (the DVSA request documents from the Operator and remotely evaluate an operator's compliance through documentation and records). They marked 7 areas as unsatisfactory which subsequently led to the Traffic Commissioner calling the Operator to a Public Inquiry.

The Traffic Commissioner is the regulator of the client’s operator licence. The Commissioner has the power to revoke, suspend or curtail that operator licence, without which they cannot operate commercial vehicles. Without the commercial vehicles, the business would likely fold.

How JMW helped

JMW’s Commercial Road Transport team led by partner Scott Bell and supported by solicitor Hajra Afzaal were able to review the public inquiry papers. Scott identified that the onsite maintenance investigation report was missing from the Commissioner papers.

Scott decided that we should submit written representations to the Traffic Commissioner and draw their attention to the onsite investigation as this was more positive than the remote audit. The purpose of these representations was to address the disparity between the onsite Maintenance Investigation Report during an unannounced visit to the Operator’s site and the Traffic and Maintenance Desk Based Assessment.

JMW provided the Traffic Commissioner with evidence of the changes in the system following the onsite investigations and assurances moving forward.

In submissions, JMW explained that onsite maintenance investigations allow the DVSA examiner to gain a more direct and comprehensive view of an Operator’s maintenance practices and allow the examiner to verify documents whilst in attendance on site. In this case the examiner had the opportunity to directly observe the condition of the vehicles, the Operator’s in house maintenance facility and equipment and gain insights into the Operator’s safety procedures, through discussions with the Operator.