Operator Compliance Risk Score (OCRS) – Changes from 1st October 2012

VOSA uses the Operator Compliance Risk Score (OCRS) to aid their Examiners to target operators, by calculating who are more likely to be non-compliant when checked at the roadside. It enables VOSA to prioritise certain investigations dependent on how high their OCRS is.

A number of changes to the OCRS, originally intended to come into effect from the 30th April 2012, will now come into effect from 1st October 2012. The changes are as follows:

(i) Removal of Predictive Scoring and OCRS Band Changes

VOSA intends to remove the predictive calculation (i.e. where no data exists) and instead show that there is no score by using the colour code ‘grey’.

VOSA also proposes to introduce four bands, based entirely on index scores.  This means that they will no longer be compared to their peers.  Instead, VOSA will use an absolute performance measure.  Therefore, an operator’s score will only move as a result of positive or negative things it does, rather than how other operators behave.  This means it will be possible, in theory, for all operators to be ‘red’ or ‘green’.

However, VOSA has the ability to change the parameters so that all operators won’t be in the same band.

(ii) Altered Targeting Priorities

VOSA’s strategy for targeting vehicles will change as follows:

Traffic enforcement

1. Red
2. Grey (operators with no score)
3. Amber
4. Green

Roadworthiness

1. Red
2. Amber
3. Grey (operators with no score)
4. Green

(iii) Larger Data Sets Calculated Weekly

VOSA proposes to make a weekly calculation (to the end of the previous Friday) using three years’ worth of data. The calculation process will be run over the weekend.

(iv) Weighting Factor According to Age of Event

VOSA intends to weight events depending upon when they occurred. So, a more recent event will attract more points than a 2 year old event.  In terms of weighting, the following factors will be applied to points.

• Up to 12 months old – multiplied by 1
• Over 12 months and up to two years old – multiplied by 0.75
• Over two years old – multiplied by 0.5

(v) Prosecution Points Registered Only after Conviction

Following the principle of innocent till proven guilty, the OCRS points for a prosecution will now only be allocated once a guilty verdict has been reached at Court.

(vi) Changes to Points

The number of points allocated for a prosecution will depend on whether the operator and/or driver(s) are prosecuted. Operators’ offences will attract more points than drivers’ offences.

Offences will be categorised according to seriousness and those in each category given a set number of points.  However, the principle that ‘S’ marked and immediate prohibitions will attract more points will remain.

Defects detected at the roadside and annual test will now be attributed the same points, regardless of where they were discovered.

Roadworthiness points

Category	Type of Defect	Points	Points if ‘S’ marked
1	Immediate Prohibitions: Tyres, brakes and steering	200	400
2	Immediate Prohibitions: All other defects	100	200
3	Delayed Prohibitions: Tyres brakes and steering	50	100
4	Delayed Prohibitions: All other defects	25	50
Test fail	Tyres, brakes and steering	50	N/A
Test fail	All other defects	25	N/A

Defects for tyres, brakes and steering attract more points than other defects.

Traffic enforcement points

Band	Penalty	Points
0	Verbal warning	0
1	£30 fixed penalty	25
2	£60 fixed penalty	50
3	£120 fixed penalty	100
4	£200 fixed penalty	200
5	Prosecution	500

(vii) New Events Included

VOSA intends to include fixed penalties for both roadworthiness and traffic enforcement calculations.  Previously only prohibitions, prosecutions and defects detected at the roadside or test are included in the OCRS calculation.

Fixed penalties will only be counted where a prohibition has not been issued for the same offence.

VOSA examiners checks on the rules on the carriage of dangerous goods by road (ADR) will also now be included in the score.

(viii) Straight-To-Red for Prosecutions and Most Serious Infringements

VOSA will introduce two situations where an operator’s score will go straight to red, regardless of their baseline score:

1. 1. Where an operator (as opposed to a driver) is successfully prosecuted by VOSA, the OCRS will move automatically to red for a calendar year from the date of conviction.

 

1. Where one of the Most Serious Infringement listed below are detected, the operator’s OCRS score will move straight to red for six months. The Most Serious Infringements are:

• Exceeding maximum six day or fortnightly driving time limits by margins of 25% or more;
• Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50% or more, without taking a break or without an uninterrupted rest period of at least 4.5 hours;
• Using a fraudulent device able to modify records of the recording equipment;
• Not having a speed limiter although required by Community law;
• Using a fraudulent device able to modify the speed limiter;
• Falsifying record sheets of the tachograph;
• Falsifying data downloaded from the tachograph and/or the driver card;
• Driving with a driver card that has been falsified;
• Driving with a driver card of which the driver is not the holder;
• Transporting dangerous goods without identifying them on the vehicle as dangerous, thus endangering lives or the environment to such an extent that it leads to a decision to immobilise the vehicle.

For advice on any transport law issues, please contact Jared Dunbar at Dyne Solicitors on 01829 773 100.