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Legal Bulletin ED Your guide to contract maintenance
Page 70
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facilities a third-party contractor might be expected to have as well as providing a proforma safety inspection record form.
A would-be service contractor should provide clear documented evidence that his people are not only qualified to do the job, but are also familiar with the trucks you run. Don't take their word for it — check.
Remember, the TCs can, and do, challenge the competence of third-party maintenance providers and as VOSA says, "The ultimate test of the effectiveness of any system and quality of any maintenance work carried out is whether a vehicle is, in fact roadworthy." And you shouldn't be testing that proposition at an annual test or VOSA roadside check!
If you're satisfied your would-be contractor can deliver a consistently professional service you need to draw up a written maintenance contract — loose verbal agreements are NOT acceptable to the TCs. Once again the guide (which can be downloaded from the VOSA website) shows the way forward. Inside it there's an example of how a typical maintenance agreement should be laid out — although your contractor may have their own standard contract they want to use. Either way, the contract should set out precisely the vehicles covered within it, the kind of checks that will be carried out on them, safety inspection intervals, and the repair policy agreed between the two parties.
Meanwhile, regardless of the final format it makes good sense to have a legal expert examine its content before you sign it, BEYOND THE CONTRACT Having a signed maintenance agreement is one thing. Making sure that your contractor keeps to it is another. Don't forget that new trucks entering the fleet can create new servicing needs while your own working procedures can change during the course of a contract.
Above all else you need to monitor what your contractor is doing through regular reviews, examining not only service and safety inspection records but also annual test results and prohibitions. It's not unknown for an operator to discover his poor test failure rate after receiving a request from the TC to attend a Pl. Strangely his contractor only ever told him when they have passed!
CONTRACTOR AUDITS As the 0-Licence holder you're perfectly within your rights to ask your service provider to submit to regular independent audits involving safety inspections and vehicle checks. After all, it's YOUR licence at stake. Organisations like the FTA. as well as independent engineering and transport consultants can provide them. Hiring one will show if your contractor is falling down on the job — or nip any potential problems in the bud. They also demonstrate to the TC you take your side of the agreement seriously.
If an audit does turn up problems it could be that: • There aren't enough safety inspections being carried out • Driver daily "walk-around" checks aren't being done • Defects aren't being effectively reported-or corrected Such an audit may well prompt changes to safety inspection periods or basic maintenance procedures within the contract. However, if you terminate an existing contract, or significantly change the conditions within it, you MUST send a copy of your new agreement to your local area traffic office without delay.
RECORD KEEPING Regardless of who does your servicing, records of your safety inspections and maintenance must be kept for at least 15 months as part of a vehicle's history. Operators must therefore ensure that records are complete and available (either at their own premises or those of their maintenance provider) in the event of a VOSA inspection.
VOSA further insists: "If you hire or lease or borrow a vehicle you're responsible for its roadworthiness and have to have available, if required, copies of any inspection carried out while the vehicle is in your possession." Some vehicle hire companies, e.g. brs truck rental, operate a web-based service which allows hirers access to those records.
While contracting out your maintenance may seem like a potential minefield the good news is that VOSA is there to help. Not only is there a wealth of information available to operators on its website you can also get advice from your local traffic area office or test stations. So there really is no excuse for not getting it right.