A recent attendance at Public Inquiry highlighted that Operators do not always notify their prohibitions to the Traffic Commissioner.
In this particular case, some had been notified and some had not.
This appeared to correlate to a change in transport manager. The presiding Traffic Commissioner highlighted to the operator that he expected all prohibitions to be notified.
Prohibition notices can be broadly categorised as follows:
- Immediate prohibition: Issued where a vehicle is found to be in such a condition that its continued use would involve a risk of injury to any person. The vehicle must not be used until the defect is rectified and the prohibition is removed.
- Delayed prohibition: Issued where defects are less serious but still require rectification within a specified period.
- ‘S’ marked prohibition: Indicates a significant failure in the operator’s maintenance systems and is particularly relevant for regulatory action.
Issuing the Prohibition
When a DVSA examiner or police officer identifies a defect or breach, they may issue a prohibition notice to the driver and, where appropriate, notify the operator.
The details of the prohibition, including the nature of the defect and the type of prohibition, are recorded and form part of the operator’s compliance history.
Notification to the Traffic Commissioner by the DVSA
The DVSA will notify the OTC in certain circumstances, particularly those that are ‘S’ marked or where there is evidence of systemic failure or repeated non-compliance.
The notification is typically made electronically and includes all relevant details of the prohibition, the vehicle, the operator, and any associated findings.
The Traffic Commissioner may also be notified in cases where:
- There are multiple prohibitions issued to the same operator within a short period.
- The prohibition relates to a Most Serious Infringement (MSI) under EU Regulation 1071/2009.
- There is evidence of operator culpability, such as falsification of records or deliberate non-compliance.
Regulatory Response
Upon receiving notification of a prohibition, the TC has a range of options, including:
- Requesting further information: The TC may seek additional details from the operator or DVSA.
- Calling a Public Inquiry: Where the prohibition indicates a serious or repeated failure, the TC may call the operator to a public inquiry to consider regulatory action.
- Warning letters: In less serious cases, a formal warning may be issued.
The TC will consider the operator’s compliance history, the nature and frequency of prohibitions, and any mitigating or aggravating factors.
Operator obligations
Operators are under a statutory duty to notify the TC of any event that could affect their good repute, financial standing, or professional competence, including the receipt of prohibitions.
Failure to notify can itself be grounds for regulatory action.
Drivers may also be called to a driver conduct hearing if the prohibition relates to their conduct or competence.
Practical considerations
Operators should maintain comprehensive records of all prohibitions, rectification work, and correspondence with enforcement agencies and the OTC.
Upon receipt of a prohibition, operators should conduct an internal review to identify root causes and implement corrective actions. This should be documented.
Operators should treat all prohibitions seriously, ensure prompt and transparent communication with the OTC, and take proactive steps to address any underlying compliance issues.
If you are unsure about your reporting obligations or need support reviewing your compliance processes, contact Jared Dunbar today.