The Senior Traffic Commissioner recently held a Public Inquiry into the school transport vehicles operated by North Lanarkshire Council under Section 19 of the Transport Act 1985.
This inquiry focused on ensuring these vehicles comply with the necessary safety and regulatory standards.
In October 2023, one of the vehicles on a school run suffered a double-wheel loss incident.
Fortunately, no children were involved in the incident.
Section 19 permit allowances
Section 19 permits allow for services to be run without an operator’s licence. The Traffic Commissioner still expects organisations to ensure that any vehicle used under the licence has a Certificate of Initial Fitness (or equivalent).
These vehicles must also comply with the fitness conditions prescribed for public service vehicles (PSVs).
The Traffic Commissioner also warned that any vehicle used under the permit must be kept in a roadworthy condition and any driver must meet the relevant driver licensing requirements.
DVSA points of note
A DVSA investigation noted missing and inaccurate preventative maintenance inspections (PMIs). Some records were unavailable at the initial visit and had to be supplied later.
During the investigation it was found that the driver defect reporting system was not fully effective, relying on weekly driver defect reports.
Additionally, a prohibition issued during the fleet check should have been identified during the driver’s walk round check.
The Senior Traffic Commissioner’s decision
In his written decision, the Commissioner recorded: “I am now satisfied that there are proper systems in place to ensure compliance and ensure the safety of the passenger carrying fleet.
“I am also satisfied that the operator has established clear reporting lines to ensure that those standards will be implemented and continue to meet ongoing requirements.
“I have noted that maintenance standards will be applied in-house and to external suppliers and that those will be audited.
“The incident has resulted in the implementation of a specific wheel security policy, with an external tyre company to undertake third-party checks. All of that will also be logged and audited.
“It should not have proved necessary for a Traffic Commissioner to alert a Local Authority to the basic concepts of health and safety legislation and management.
“It will no doubt have been of significant concern to those who entrust loved ones to be carried under these permit operations, that maintenance and compliance management had been allowed to deteriorate to the point where a long-standing issue deteriorated, and a wheel became detached from a vehicle. I share those concerns.
“This could so easily have resulted in tragedy and the management of safety in the Authority would have found to be lacking. The alternative would be to remove these permits, to the detriment of all those members of the public who rely on these services.”
The incident of a double-wheel loss on a vehicle, while fortunately not resulting in harm, emphasises the importance of thorough maintenance and compliance checks.
Avoid the risk of regulatory action and ensure your fleet meets all regulatory standards. Please contact Jared Dunbar at jid@dynesolicitors.co.uk or on 01829 773 105 if you need support with related matters or need Public Inquiry representation.