In the last week or so I have dealt with two Public Inquiries in which the same issues cropped up.
This highlights a need for greater understanding so that compliance can be more effectively maintained.
The recurring issues were:
- Both Operators had received S mark prohibitions for worn tyres.
- Both had led to DVSA investigations and a subsequent Public inquiry.
- Both transport managers had undertaken a contemporaneous, documented investigation into the S mark prohibition
- Both transport managers had disciplined the driver at the time – one orally and the other with a written warning.
- Both transport managers thought they’d done their job well.
Who is responsible for monitoring faults?
In both cases, the transport manager and operator were criticised.
Neither company had looked into the cause of the worn tyre sufficiently.
In one case, the TC suggested the wear on the tyre indicated the use of over-inflated tyres and the TM had not looked into this.
In the other case, the TC suggested the wear was indicative of a tracking issue and again the TM hadn’t looked into this.
The TC also took the view that, although the driver was to blame for allowing that vehicle to go on the road, perhaps on multiple occasions, without spotting the fault, the company was to blame for allowing the driver to be put in that position.
In one case, the defect had been marked as an advisory on a PMI 30 odd days before the prohibition was issued.
However, despite warning the driver of this at the time, the Operator should have proactively monitored it.
In the other case, the PMI interval on the trailer had stretched.
This was viewed as a contributory factor.
In both cases, the Transport Managers thought they’d “done a good job”.
They’d investigated the prohibition, documented the investigation and disciplined the driver.
Are the standards expected of Transport Managers increasing?
Looking back over the last 20 years of public inquiries would suggest to me they are.
The expectation is now that TMs should utilise all the data that is provided to them and undertake a thorough detailed interrogation of all paperwork.
For instance, in the past it appeared to be acceptable to simply ensure your vehicle had a RBT and it said pass.
Now you’re expected to interrogate the imbalance percentages to see whether they’re indicative of a problem.
What can operators and transport managers do to keep up?
It is a fairly simple response:
- Complete CPD run by respected trainers or organisations
- Have an annual audit by a respected auditor
- Sign up for the press releases produced the OTC and/or DVSA
- Ensure you’ve read and implement the latest version of the Guide to Maintaining Roadworthiness
- If you’re a recently qualified Transport Manager, then engage an experience mentored to help you for the first 6-12 months
The danger is that if standards have shifted, and you’ve not kept up to date, you may end up receiving some unwanted CPD from the Traffic Commissioner at a public inquiry.
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.