The recent case of HGV Quick Transport Ltd before Traffic Commissioner Turfitt also served as a reminder of what Traffic Commissioners (TC) expect to see when operators are doing ‘traction-only’ work.
The TC reminded the operator of the guidance set out in the DVSA’s Guide to Maintaining Roadworthiness, and specifically:
The traction operator is responsible for:
- Carrying out a walkaround check
- Recording any defects and how they were repaired before use
Also, the traction operator should have access to:
- The safety inspection interval
- A copy of / or access to the current safety inspection reports, including brake tests
- A copy of / or access to the current MOT certificate
- electronic braking performance management system (EBPMS) report, if applicable
The operator should have in place a contract or written agreement with the trailer owner detailing the safety inspection details, frequency and defect rectification that ensures an acceptable level of roadworthiness is maintained.
The trailer owner would normally be responsible for the routine maintenance of the trailer, including the safety inspection. They also have the obligation to provide the required documents for the trailer user.
The trailer owner is responsible for:
- The routine maintenance, including safety inspections
- Providing evidence that first-use and safety inspections have been done and there are no defects
- Completing any manufacturer’s safety recalls
- Ensuring there is a current roadworthiness certificate (MOT), where required
- Ensuring relevant documentation is available for the trailer user
One important point to remember, which again was highlighted in the case, is that the PMI frequency of the trailer needs to be compliant with the operator’s PMI vehicle interval. For instance, Amazon inspect their trailers on a 10-week cycle, whilst many operators’ licences are for 6 weeks, meaning those operators would potentially be in breach of the licence if they hauled Amazon’s trailers.
Our specialist team can support you with compliance awareness so that you do not get caught out by changes. Contact Jared Dunbar today for help.