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hiding place
Page 42
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Vore stringent requirements for licence applications mean rogue operators will find it harder to get past the Traffic Commissioners. Transport lawyer Gary Hodgson reports.
The level of information now required from would-be hauliers signals that the Traffic Commissioners and VOSA mean to raise standards and enforce operators' obligations. The application forms to apply for an 0-licence (GV79) and to become a transport manager (TM I ) have been revised to ensure new operators provide a more honest assessment of their business and its history.
Who is the licence holder?
The new-format GV79 makes it clear exactly who is applying for the licence. This removes the previous confusion which often resulted in the licence being issued in the transport manager's name when it should have been issued in the company's name. Dealing with the Traffic Area Office The form rein forces the need to give a specific address for communications and makes this a clear obligation on the part of the operator/ applicant.
Limited Liability Partnerships The revised form specifically deals with this new legal entity.
Good repute and involvement with previous operator licences Full information regarding the history of the applicant and those named in the application form is now required. This includes significant changes to information requested on the majority shareholder, which now includes details of previous regulatory action including suspension or curtailment.Traffic Commissioners are entitled to pull back the corporate veil to reveal who is really running the company.
Previous disqualifications There is no time limit covering the request for information on disqualifications, and no distinction is made for applicants whose disqualification has expired..
Professional competence One purpose of revising the GV79 and TM1 forms is to prevent cases where someone simply lends their name as transport manager but doesn't effectively do the job, or hasn't got the time to do the job. Number of vehicles and trailers authorised To ensure no misunderstanding, the revised G V79 asks a clear question: "How many vehicles and trailers in total?"
Operating centres The form is now clear in its request for information on the use of operating centres. A list of vehicles must also be given.
Maintenance arrangements The new form requires the name and address of the persons responsible for vehicle maintenance, whether it's the operator, an employee or an external contractor. It seeks details about their level of experience and/or qualifications.
Depending on the size of the operation, maintenance could be carried out by the transport manager, the-sole in-house fitter, the operator who does his own maintenance, the fleet engineer, the senior fitter at the depot or any other person who has taken on responsibility. It isn't yet known if an assessment will be made based on the information provided, or if inclusion will automatically make that person accountable in any criminal proceedings.
Frequency of preventive inspections The form only asks for the maximum time in weeks and doesn't deal with variations for differing operations This could result in problems with compliance and enforcement. A covering letter from the applicant could help by setting out any variations to the norm.
Financial standing To aid the identification of phoenix companies, the form sets no time limitation on bankruptcy and disqualification information. Applicants are required to provide details of their involvement in companies that have gone into liquidation owing money, or which have gone into receivership or administration.The effect of not supplying such information will be a delay in the licence application being processed.
Convictions In addition to personal and company convictions requested by the previous application form, the applicant must now declare the notifiable convictions of any company that had as a director or majority shareholder someone named in the application.
Also, the transport manager's convictions should be declared on the revised TM I.
Undertakings endorsed on the licence • Operators must not exceed the authorised number of vehicles.
• They must not park illegally.
• They must notify any convictions or changes within 28 days.
These new undertakings merely reinforce to the applicant the existing conditions endorsed on the licence, and the statutory obligations. This sends a clear message that ignorance of the law will be no excuse.
The interim licence The form makes clear the need for an interim licence and not to operate without one.
The transport manager The revised TM I form requires more information to help the Traffic Commissioners decide if the applicant has a transport manager who satisfies professional competence and the requirements of the position.
It requests information about the hours and days the transport manager works for both the applicant and other operators, and all other permanent or regular employment. Details must be given of notifiable convictions and any association in the past with any licence that has been revoked, curtailed or suspended.
The form also requests a declaration that authorised vehicles are kept at the authorised operating centre when not in use, and notification of their resignation.
The intention is clear: the Traffic Commissioners want accountability and full disclosure of any employment with non-compliant operators What about existing 0-licence holders? The information requested in the revised 0V79,including the additional undertakings, is likely to be embodied in the five-yearly review questionnaire for existing operators. •
CONTACTS More information: www.vosa.gov.uk