Margin for erroi
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Operators with more vehicles on their fleet than a specified on their licence should ensure that it is clear which units are in use.
Words: Mike AL
Many operators own more vehicles than are authorised by their 0-licence, No problems should arise providing that no more than the authorised number are in operation and available for use.
C:onsequently, if an additional vehicle is off the road (and properly designated as such), it should not count towards the total number of vehicles operated.
Operators may have a vehicle, or vehicles available and ready for use if needed for particular work.
Know your 0-licence The practice has then been to remove another vehicle currently specified on the licence and substitute the one held in reserve for the duration of the particular job for which it is needed.
Thus, an operator might have an authorised limit of_ say. four vehicles. but owns five, the lifth being, perhaps, of different capacity or suited to specific work.
When that additional vehicle is needed, another currently specified on the licence is removed temporarily and taken out of service, the additional vehicle then being specified in its place. The Traffic Commissioner (TC) must be informed in writing when this takes place.
Once the work in question is complete. the process would then be reversed. On the face of it, no more than four vehicles are specified at any time and the licence terms and vehicle limit appear to be complied with.
However, the reality is that if the additional vehicle is kept ready and available for use and is not designated as 'off-road likely to be treated as 'in operation' by VOSA. whether specil on the licence or not. Consequently, the operator in this exan is likely to be regarded as operating five vehicles, one more ti the four authorised.
The consequences are potentially serious and far reaching. These include possible breach of licence terms and undertaki with the risk of regulatory action against the 0-licence. inelth public inquiry.
There is also the risk of prosecution for operating without licence, so far as the additional vehicle is concerned.
Over and above this, if the vehicle is technically operated outside the licence authority, then its insurance is unlikely to valid, opening the doors to a raft of further potential penaltic and liabilities.
To ensure clarity, a sign saying VOR (vehicle-off-road) sho be placed on the additional vehicle and a note, signed by the transport manager, entered in the maintenance log saying th( vehicle is off-road; that will satisfy the TC.
Take legal advice
Although not accepted by VOSA, there must be an argument an off-road vehicle could be designated 'spare:
If in doubt about any particular circumstances regarding unspecified vehicles, legal advice should he taken as soon as possible by the operator
If operation in this or a similar manner is already undertak( then a thorough review of your licensing and operational procedures should be considered. •
• Mike Oliver is a consultant to transport lawyers Aaron & Partners. Email: mike.oliver@aaronandpartners.com