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I nsider knowledge
Page 40
Page 41
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Transport law firm Barker Gotelee offers a compliance audit to help clients protect their 'crown jewels'. Patric Cunnane reports.
Increasingly, transport lawyers are looking to spoon feed their clients preventive medicine, rather than just reacting when something goes wrong.
That's certainly the policy at Ipswich-based Barker Gotelee,which recently launched anew service for its customers a comprehensive, impartial 0-licence audit.
"There are two categories of operators we are helping," says partner Tim Ridyard, a road transport advocate with more than 16 years' experience in the sector. "The first category is where we are reacting to problems they have created. The second type of operator is already highly compliant, but wants to stay ahead of the game."
Understandably, he declines to name which of his clients fall into which category. Ridyard likens the service to preventive dentistry: "We are helping people to comply with legal requirements. There is ever increasing regulatory burden on operators, which will get worse, not better."
The audit, which takes the form of a 30-page document, operates as a "spring cleaningof 0-licence compliance, says Ridyard:"Its purpose is to create a snapshot of the ways in which an operator is complying with the regulations, including drivers' hours rules: defect reporting; financial standing; working time; driver licensing: overloading; maintenance inspection; general compliance: and everything required by the Traffic Area Office."
Associate solicitor Murray Oliver adds:"It's 100 questions you would not want the TC to ask." Oliver is well qualified to understand the answers not only is he trained in the law, he also has several years experience as an HGV driver under his belt. He has driven for, among others, Group 4 Nightspeed, Pacar International and as an agency driver for Taylor Barnard and still does occasional weekend agency shifts to keep his hand in.
When the Barker Gotelee team goes on site it is with the understanding that it can drill down through the business. "If the transport manager says this is what happens, we will ask the next guy down if this is what actually happens," says Oliver.
Traffic office staff, warehouse clerks and drivers are all quizzed on a `no-name, no-pack drill' basis. -We like to ask drivers a random selection of 10 questions, such as 'have you been trained in defect reporting?'," says Oliver.
Maintenance spreadsheets
Oliver has developed spreadsheets that show details of maintenance intervals. -It will automatically alert the haulier if a truck is overdue," he explains "At a public inquiry we would be able to show that the operator is attempting to keep things right and there is a system in place. Compliance is not difficult to be able to prove the vehicles are being checked by the drivers and the tachographs are handed in takes a few minutes each day. It's not rocket science."
Nonetheless, operators underestimate how compliant they have to be, Ridyard warns: -We would like our clients to book a compliance check once a year.We say to them 'what's your most valuable asset?' It's the 0-licence that's the crown jewels without which they cannot operate."
The compliance audit should be of permanent value. "What we discover from our investigation can become a systems handbook that can be used at all levels," says Oliver. "To a Traffic Commissioner it will demonstrate persistent and efficient control."
Of course Barker Gotelee offers its clients much more than advice on road transport law. The team includes specialists in employment law, commercial property, mergers and civil disputes. "Employment law is dynamic," says Ridyard."There's always something new."
And it's not uncommon for operators to wait until the last minute to seek help,he adds:"VVhen the WorkingTime Regulations were introduced one firm said we will split our 50 drivers into two groups and you can give seminars over two nights' they didn't know a thing."
At least that firm took action to train its drivers, which would stand it in good stead at a public inquiry.There are plenty that do nothing, he says: There is a sector taking a very blasé attitude who believe that if they just comply with existing drivers' hours rules they will be all right." Ridyard strongly believes that operators can help protect their licences by becoming incorporated as limited companies and relinquishing their sole trader status.
A driver committing an offence can affect the driving licence and 0-licence of a sole trader, whereas the director of a limited company will not suffer because of penalty points on a driver's licence.
"It's easier to survive a public inquiry with a layer of protection," he says."What happens is that someone starts 25 years ago with one truck and now they have 100, but somehow they feel they will lose the family and personal nature of the business if they become incorporated." •