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Behave yourself
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Page 27
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Lose your repute and you lose your 0-licence as a matter of course. But what are the standards operators must meet to retain their good repute?
Words: Christabel Hallas All holders of national or international 0-licences need to fulfil the requirement to be, at all times, of appropriate financial standing, professionally competent and, for the operator and its transport manager. to be of good repute.
The Traffic Commissioner must revoke the licence if these points are no longer being met, but what is meant by the phrase "to be of good repute"?
The requirement is more than what is needed for the holder of a restricted licence, who merely has to be "a fit person to hold a licence-. Legislation states a Traffic Commissioner shall determine whether or not an individual is of good repute by having regard to any matter, but, in particular, having regard to any relevant convictions of the individual, his servants or agents and having regards to any other details in their possession that seems to relate to a person's fitness to hold a licence.
For a firm, there are similar aspects to consider, such as relevant convictions of the company, its officers, servants or agents. The previous conduct of the principals in an operation may also influence the TC's decision with regards to if the haulier is fit to hold a licence. This gives TCs a wide-ranging remit from which they can consider repute.
System of trust There is a wide discretion as to what is taken into account when considering repute, given that TCs can use any data in their possession that appears to relate to the fitness to hold a licence.
Operator licensing relies on a system of trust between the TC and the operator. Where that trust has been abused, then the TC would have grounds to find that good repute had been lost.
The system of trust starts when the application is made, and extends to expecting licence applicants to make honest applications. For example, making a misleading statement in an application for a licence has been held by the Transport Tribunal to be sufficient cause to find loss of repute, as has failure to disclose the fact that there had been involvement with a previous licence that had been revoked.
Applications must be totally honest and transparent. Once thc licence is granted, anything that appears to circumvent the rules loan of discs, falsifying maintenance records, use of a vehicle while a prohibition is in place or persistent non-compliance with drivers' hours rules, to name a few examples — is likely to result in a loss of repute. Operators should remember that they need to comply with all laws relating to the operation of the vehicles. For example, use of untaxed vehicles has been held to result in loss of repute. Each individual case will turn on its facts, and the TCs will make a decision based on the evidence before them. If the TC determines that an operator is no longer of good repute, then there is mandatory revocation of the 0-licence.
Unfortunately, it is not only failure to comply with the laws regarding the operating of the vehicles that can lose an operator his licence. Repute can be lost if an individual is convicted of more than one serious offence, regardless of whether or not it relates to transport.
A serious offence is one for which the punishment is a prison sentence of more than three months, a fine of more than £2500. or a Community Service Order imposed for more than 60 hours.
Serious offences
A serious offence does not necessarily have to be connected with the operating of vehicles. For example, an operator may be facing a prosecution for a regulatory conviction for, say, a health and safety or environmental offence. where the maximum fines can be up to 00,000 in a Magistrates' Court or unlimited in the Crown Court.
If an operator already has a serious conviction, as set out above, the operator could easily lose the licence for matters unrelated to the operation of their vehicles. Operators need to be vigilant and ensure they are kept informed of any incidents leading to a potential prosecution that would lead to mandatory loss of repute — swift action may have to be taken to protect the continued operation of the vehicles.
It is not just operators who are expected to maintain the highest of standards; transport managers must also satisfy the requirements to be of good repute. This includes undertaking the role of transport manager. Transport managers in name only risk losing repute and any chance of future prospects of employment.
New EU proposals
It could be said that repute is a nebulous concept, being determined at the TC's discretion regarding any matter that is related to fitness to hold a licence.
Current European Union proposals for revision of 0-licensing include proposals for changes to the requirement to be of good repute. The current proposal is that in the future, an operator would satisfy the requirement if "there are no compelling grounds for doubting its repute".
This may prove a less onerous test than the existing one. The draft regulation also proposes to strengthen the link between an operator and the conduct of its transport manager, and to draw up a list of infringements that may lead to a loss of repute. Where the infringements are systematically premeditated, and there has been an attempt to hide the fact. there will be automatic loss of repute.
It remains to be seen if the EU proposals make it easier for operators to understand what conduct will result in loss of repute. However, what is clear is that operators should know any attempt to circumvent the rules is done so at their own peril. • • For more information: www.vosa.gov.uk