A recent decision involving Suge Ltd offers a strong reminder of what “effective and continuous management” really means in practice.
Following a DVSA intervention triggered by serious vehicle defects, the Traffic Commissioner identified wide-ranging compliance failures, including:
- Weak maintenance systems and incomplete inspection records
- Poor driver defect reporting and oversight
- Vehicles exceeding inspection intervals
- Inadequate control of drivers and tachograph compliance
At the heart of the case was the role of the Transport Manager (TM).
The former TM was found to have failed to exercise effective control, particularly during extended periods outside the UK and to have relied heavily on others within the business. Most seriously, the Traffic Commissioner concluded that there had been attempts to create or backdate records, leading to a finding of loss of good repute and indefinite disqualification.
For the operator, the outcome was more balanced. Significant improvements that established a new TM, tighter systems and demonstrable progress meant the licence was retained, albeit with a formal warning.
Following this case, there are clear reminders for operators and TMs:
- A transport manager must be actively engaged and visible, not remote in name only
- Systems must be robust, evidence-based and timely
- Early warning signs cannot be ignored and must be acted on
- Trying to “fix the paperwork” after the event will almost always make things worse
Regardless of what the policies say on paper, regulators focus on what actually happens on the ground.
If you want to learn from the Traffic Commissioner’s decision, understand that actions speak louder than words. Seek professional legal advice to make sure you are compliant.
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.