Be ready to prove yourself
Page 51
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U Tell the Licensing Authority of any changes or convictions which affect the licence;
=I Abide by any conditions which may be imposed on the licence; 'iMaintain adequate financial resources for the administration of the business (standard licence applicants/holders only}.
Failure to comply with these statements of intent or any other could result in the 0licence being revoked.
Can every haulier reading this put his hand on his heart and say that he read the declaration on the application form that he completed—and that he is complying with those requirements? And if so, could he prove to a court or inquiry that he has complied with the requirements?
Compliance with rules 1-6 above can be adequately provided for by guidance notes and handbooks to drivers. These should set out precisely what your instructions are regarding drivers hours, overloading, speeding and maintenance. They should also spell out to the driver what his obligations are what the company's obligations are, and what action will be taken against the driver should he break the rules.
Documenting your systems and arrangements offers two major benefits. Not only will it help ensure that you comply with your statements of intent; it will help substantially mitigate any penalties should you infringe and have to appear in the Magistrates' Court or before the Licensing Authority. It would be no good going to a Public Inquiry and saying "this is what I do". With no written evidence, and if your prohibition record and record of convictions is lengthy, you will simply not be believed.
It is no good simply getting someone else's handbook and issuing it to drivers. You really need to prepare your own handbook, giving guidance to drivers dealing with your business, your particular vehicles with their own particularities, and dealing with your particular hypes of consignments and customers' requirements.
Make sure you know the law on drivers hours, overloading, speeding and keeping maintenance records so that you can give adequate instructions.
Take advice Say you are asked the question: 'What do you do to stop your drivers speeding?". It's no good saying you have speed limiters fitted. You are going to have to issue a directive to the drivers about speeding, check the tachographs, and take disciplinary action. The same applies with drivers' hours, overloading and maintenance systems.
Remember that the licensing system is selfpolicing. There is a condition on your licence, as well as the statement of intent, which obliges you to notify the Licensing Authority within 28 days of anything which could affect your repute—and this condition
does not necessarily limit you to reporting any convictions.
Notification of any conviction of any type whatsoever, not just road traffic, needs to be reported within 28 days. The reporting of that conviction could trigger a Public Inquiry and a Public Inquiry puts your licence in jeopardy.
3 by Gary Hodgson