Preventive action
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No operator remains prohibition-free, but there are steps you can take to ensure you rarely receive a P69
Words: Lucy Wood and Anton BaLlutis Prohibition (P091 notices can be a costly business not only because they are often accompanied by a fixed penalty notice, but because they affect the Operator Compliance Risk Score (OCRS). Consequently, the operator's vehicles are likely to be targeted by VOSA for more frequent and thorough roadside checks. thus wasting valuable work time and also making it more likely that further defects will be discovered. It also increases the risk of the operator facing prosecution or of the operator being called to a public inquiry where the Traffic Commissioner (TC) can take regulatory action against its licence.
PG9s can be issued regarding drivers' hours infringements, but most frequently they are issued because of vehicle defects, There are instances when PG9s are unavoidable; but these arc rare. The best way to prevent a P09 is to: • Have robust systems in place and keep records • Monitor their systems • Offer comprehensive training.
Regular inspections
The existence of a robust maintenance system is essential for preventing vehicle defects. All operators agree to regular planned maintenance inspections at agreed intervals on their 0-licence application form. The intervals will depend on factors including: the type and age of vehicle: the nature of the work; and the distances covered.
If an operator has any doubt about the duration of the intervals, he should speak to his local vehicle examiner. But a rough guide is provided in VOSA's Guide to Maintaining Roadworthiness. Adhering to these intervals is paramount and the TC must be satisfied that safety comes before profit, so allowing vehicles to miss intervals because of work will be seriously frowned on.
The quality of the inspections is important and it is good practice for the operator to arrange random audits of its maintenance provider by a competent independent third party. Unfair as it may seem, if the vehicles are not maintained properly, the responsibility rests with the operator, not with the maintenance provider, and the operator will suffer the consequences of the provider's incompetence.
The operator is obliged to keep inspection records for a minimum of 15 months and it is essential that they receive completed inspection records from their provider promptly.The transport manager (or equivalent person in the case of a restricted licence) should look to see that the form has been completed in full and signed off correctly.
If a prohibition is subsequently received, the inspection sheet is the best evidence that the vehicle did not have the defect at the time of the inspection. If the prohibition is for something that could only occur over time (and therefore must have been present at the time of the last inspection), this is strong evidence that the maintenance provider is at fault.
With an in-house provider, the operator should consider whether adequate training has been given or if further guidance is necessary. If he considers that adequate training has been given, then disciplinary action could be considered. In the case of an external provider, the reason should he investigated and consideration should be given to whether their business should be talo2ri elsewhere.
Daily driver defect reporting
A robust driver defect reporting (DDR) system is also vital as drivers have the most regular contact with the vehicles Although they are not expected to have significant mechanical knowledge, ensuring that they have the ability to recognise certain defects can prevent numerous prohibitions. The Driver CPC has made driver training mandatory. Many operators are choosing modules that involve teaching drivers to carry out effective walk-around checks.
DDR checks should be carried out daily but more checks may be appropriate. Defects can occur throughout the day, so the more frequently checks are carried out, including on trailers, the less likely it is that a prohibition will be issued. It is surprising how many operators are not ensuring their drivers carry out these checks or, if they are, they are not keeping written records Although not a legal requirement, it is expected that operators will use a nil-defect reporting system. Drivers should complete a sheet during their daily walk-around and check regardless of whether any defects are found. If a defect is found, it should be marked on the form and a responsible person should be notified to consider what action should be taken to rectify the defect before it goes back on the road.
If no defects are found, the form should make this clear. While the sheets with defects should be retained for 15 months, those with nil defects should be kept as long as they're useful. Many operators choose to keep them until the next maintenance inspection, or even longer.
If a prohibition is issued for a defect that should have been picked up by the driver, the written records are the best way to ascertain whether the driver says he did his checks. For example, if a PG9 is issued for a bald tyre (assuming the tyre takes time to deteriorate), its existence should have been recognised by the driver. Saying that the vehicle must have been sat on the bald spot will not be accepted by the vehicle examiner or the TC. Drivers must be taught to move the vehicle forward to check each tyre fully. Just like maintenance providers, drivers need to be monitored.A manager should randomly check to see if drivers have carried out checks correctly, rather than having merely tilled out the sheet. Particular attention should be paid to cold, rainy days when the temptation to get into the cab rather than do a thorough check can result in things being missed. Random audits should also be recorded.
It is also helpful to cross reference the DDR sheets with the Inspection sheets to check that certain items checked by the maintenance provider (such as lights, tyres, air/oil leaks) correspond with what has been picked up by the driver and vice versa.
If you are unsure whether the P09 has been issued correctly your records will help you decide whether to challenge it. Incorrect prohibition notices should be challenged or they will remain on your record, •