DVSA problems
The increased activity of the DVSA "Remote Enforcement Office" is resulting in more and more problematic vehicle operators being dealt with in the first instance by DVSA as opposed to the Office of the Traffic Commissioner. Serious roadside prohibitions or other concerns relating to the way a business manages its transport operation my be acted upon by DVSA and vehicle operators can not afford to ignore it's requests. DVSA will also keep a track of your compliance scores and annual test performance. DVSA action can include requests for written reassurances, full disclosure of an operator's driver and vehicle records, desktop or onsite compliance audits and referral to the Traffic Commissioner or the criminal courts where concerns remain unresolved .
We maintain a good working relationship with DVSA and this has frequently assisted in resolving matters and disputes. We also aim to minimise the impact any negative encounter on your business' compliance record and overall repute.
We offer prompt and effective legal support and representation in the event of your business:
- Obtaining a serious roadside prohibition requiring investigation or action
- Receiving communication from DVSA requiring a response
- Receiving a request from DVSA for disclosure of driver and vehicle records or for an attendance onsite to audit records.
- Requiring representation at any DVSA meeting or interview
- Requiring some proactive and reassuring communication with DVSA following a negative event, to seek to avoid any possible ongoing DVSA concern
- Requiring advice on effective improvements to internal systems following a negative incident
Case Studies
A Attending an interview with a DVSA enforcement officer at the premises of a lorry operator in Gloucestershire faced with a large number of drivers hours infringements. Working closely with the client to put forward to DVSA a package of remedial action to include drivers hours training and closer and more effective analysation of the tachographs in the future. DVSA were reassured by the measures put in place and delayed prosecution pending a further follow up visit which was satisfactory. Client was fortunate not to face criminal prosecution and learnt a fast lesson on the need to properly manage its driving hours.
B Responding on a bus operators behalf to a letter from DVSA requiring an explanation and assurances following a number of serious prohibitions attracted at the roadside. Working with the client at short notice to identify the possible cause of the pattern of defects and putting together a detailed written response to DVSA setting out how the issues had been dealt with and how they would be monitored in the future to prevent any reoccurrence.
C. Working with a client who had received notification of a pending routine DVSA visit to inspect its maintenance and drivers hours systems. Spending time scrutinizing and improving the systems and ensuring that the client's paperwork was well organized for the day of the DVSA Inspection. I attended the Inspection and was able to respond on the Operator's behalf regarding its array of systems and providing sufficient reassurance to the Enforcement Officers that the Operator Licences were being met. The positive DVSA Report received as a result of this satisfaction inspection was later used as evidence by the Operator to support an application by to increase fleet size
D. Working closely with DVSA in the Midlands over concerns it had as to the suitability of a proposed operating centre. Getting with DVSA and advising on, with other experts, on the formalized of a project of works at the proposed site entrance to specifically overcome the road safety concerns of DVSA. Working closely with OTC also to obtain an acceptance of the proposed site as an operating centre for my Client. The completed works also resulted in a successful application on behalf of my client to remove some historic restrictions at the site which if still in place would have made commercial effeciency tricky.
E. Assisting and representing Operators, and often their drivers, in the Magistrates Courts on offences normally relating to use of lorries or buses e.g. drivers hours and overloading offences. Doing all my own advocacy which is often very assisting to the Magistrates as my Operator licensing expertise is very useful in taking them through the individual offences and then focusing on the most effective form of mitigation for my client. Instigating a focused set of rehabilitation measures for my Client to present them in the best light once any convictions are then firmly notified to the Office of the Traffic Commissioner