Transport and DistributionCompliance Course

V3 12.03.2015

Domestics

Agenda• O’ Licencing• Vehicle Maintenance Records and Requirements• Traffic Commissioner• VOSA Powers to Stop• EU Drivers Hours – Graduated Fixed Penalties• Planning the Driver• Driving Licence Checks • Road Transport Directive (WTD)• Company Digital Tachograph Responsibilities• Road Traffic Act• Driver CPC Requirements• International Requirements

O’ Licencing

Who Needs an O’ Licence?

In most cases an Operator Licence is required if the operator uses goods vehicle on the road which

• The gross plated weight exceeds 3,500kgsOr• If the vehicle has no gross plated weight, the unladen weight

exceeds 1,525kgs

Types of Operators Licences

Restricted Licence – Orange Disc• Great Britain and abroad – goods not to be carried for hire

and reward – own accountStandard National – Blue Disc• Deliver and collect own goods at home and abroad and to

carry 3rd Party goods for hire and reward in the UKStandard International – Green Disc• ESL use this O’ Licence as explained on next slide!

Standard International Licence

Green disc, as used by ESL,

This permits the carriage of goods for hire or reward and on own account within UK and abroad. International journey covers travel to any foreign country

The holder of this must posses a Community Authorisation – a copy of which must be kept in the cab of each vehicle on a journey to any EU member state. The original is kept by the operator as part of the compliance record system

Traffic AreasThere are eight traffic areas and an operator may only hold 1

licence in each traffic area,Traffic areas are,• Scotland• North Eastern• North Western• West Midlands• Eastern• Welsh• Western • South Eastern and Metropolitan

Fitness to Hold a Licence

• The Traffic Commissioner must be satisfied that the applicant is a fit and proper person and will take account of specified convictions during the previous five years concerning the operation of goods vehicles,

Fitness to Hold a LicenceThe relevant offences include,• Unroadworthiness of vehicles• Speed limits• Loading/ unloading• Drivers hours records• Driver Licencing• Vehicle testing and plating• International road haulage permits• Forgery – Unlawful use of vehicles• Unlawful use of rebated fuel oil• Contravening parking restrictions/ prohibitions

Good Repute

• The applicant or Transport Manager, where this is not the same person must be of good repute

• The Traffic Commissioner must decide if the above is of good repute – paying particular attention to transport related or non transport related offences

Operator Compliance Risk Score

OCRS,Operators will be placed in to 4 bands,• Red• Grey (Operators with no score)• Amber• Green

Vehicle Maintenance

Operators ResponsibilityVehicle Maintenance,Operator will make proper arrangements so that• Vehicles are kept fit and serviceable• Drivers will report safety faults in vehicles as soon as possible• Records are kept (for 15 months) of all safety inspections,

routine maintenance and repairs to vehicles and make these available on request

• Have adequate financial resources to maintain the vehicles covered by the licence (vehicles include any trailers)

Key Points of Effective Maintenance• A responsible person must undertake a daily walk around

check, preferably immediately before a vehicle is used• Drivers must be able to report promptly any defects or

symptoms of defects• Defect reports raised and actioned must be kept for 15

months• Safety inspections should be pre-planned• Staff carrying out inspections must be competent

The PG9 Prohibition System

Form PG9,’Prohibition on Driving a Vehicle on a Road’• This is given to the driver of any vehicle found by an examiner

or police to have serious defects• No vehicle may be used to carry goods while it is subject to a

PG9 Prohibition Notice

Traffic Commissioner

Role of the Traffic Commissioner

The Traffic Commissioner will have the opportunity to review all operating centres on a company licence at 5 yearly intervals

This is entirely up to their discretion.If they elect not to, then a company is safe for another 5 years;unless they are operating outside the terms of licence orapplying for a major variation, or they do not pay fees on time

Role of the Traffic Commissioner

The Traffic Commissioner has power to review toadd conditions or vary existing conditions forenvironmental or road safety reasons

The Traffic Commissioner has power to remove an operating centrefrom a licence for non-environmentally reasons (e.g. road safety)or environmentally unsuitable by reason of parking of vehiclesused under the licence at or near the centre in question

VOSA Powers to Stop

Vosa - Powers to Stop

Enforcement

The role of the VOSA Examiner is to ensure legalcompliance – educate and if necessary prosecutethrough courts and provide evidence at publicinquiries enabling the Traffic Commissioner tomake a reasoned decision

Vosa Powers to Stop

• Vosa have been given powers to stop in 42 Police areas nationwide

• Drivers must always cooperate with enforcement authorities

Vosa Powers to Stop

Stop in the name of the law!

• A driver who ignored a Vosa vehicle which was indicating that he should stop has had his licence suspended for six months by a Traffic Commissioner.

• An investigation led to the driver also being charged and fined for tachograph infringements.

Tachograph Enforcement

Enforcement officers may;

• Inspect and copy charts or printouts

• Enter vehicle to inspect

• Enter premises to inspect

EU Drivers Hours Rules

Drivers Hours

• Fixed Tachograph Week• Drivers working week• 24 Hour reference period• Duty time• Driving time• Daily rest • Weekly rest• Split daily rest• Unforeseen events• RTD

Drivers Hours

Drivers Hours Rules and Regulations

RTD 2005 – Working Time Regulations

Definitions

Definitions

Daily/Weekly rest 24 hours

0600 Mon 0600 Tuesday

What is a ‘day’?

24 Hours beginning with the resumption of work after a weekly or daily rest period

Example

Definitions

The period of time between 00:00 on a Monday and 24:00 on a Sunday

Mon Tue Wed Thu Fri Sat Sun

00:00hrs 24:00hrs

What is a ‘fixed week’?

Definitions

The duration of driving recorded by thetachograph equipment fitted to the vehicle or,when it is impossible to use the tachograph,manually by the driver

What is classed as ‘Driving’?

Definitions

‘Other Work’ ‘Availability’

Activities other thandriving, POA, rest andbreak, including workdone for the same oranother employer, inor out of the transportsector

As a mobile worker,if you are availablefor work but notrequired to undertake any.

Definitions

Any uninterrupted period during whichthe driver, may freely dispose of their time

This does NOT include time spent working in other employment or underobligation or instruction, regardless of the occupation type including work where they are self employed

What is ‘Rest’?

Definitions

Any period during which the driver may not carryout any driving or any other work and which theyuse exclusively for recuperation

What is classed as a ‘break’?

Driving Limits

Daily Driving Limit

The total accumulated driving between two daily restperiods, or between a daily and weekly rest period mustnormally not exceed:9 hours

This may be extended to up to 10 hours twice a weekwithout any need for compensation

Weekly/ Fortnightly driving limits

Weekly Fortnightly

Weekly drivingmay not exceed56 hours

Maximum 90 hoursduring any 2 consecutive weeks

In practice

Week 1 Week 2 Week 334 hrs driving 56 hrs driving 34 hrs driving

Breaks from Driving

Breaks from Driving

A driver shall not drive more than four and a half hourswithout a break

Total of 45 minute break at or before the end of4.5 hours continuous or cumulative driving

The 45 minute break may be split into two breaks, the firstbeing at least 15 minutes the second at least 30 minutes

Breaks from Driving

4.5 Hours Driving

45 Minute Break

4.5 Hours Driving

1 Hour Driving

15 Min Break

3.5 Hours Driving

30 Min Break

4.5 Hours Driving

Daily Rest

Daily Rest

The driver must take a daily rest period within each period of 24 hours after the end of the previous daily or weekly rest period. An 11 hour (or more) daily rest is called a normal daily rest period

06:00 06:0024 hours

Daily/WeeklyRest

Duty Time 11 Hours Daily Rest

Daily Rest

Alternatively, you can split a regular daily rest period into two periods.The first period must be at least 3 hours of uninterrupted rest and can be taken at any time during the day. The second must be at least 9 hours of uninterrupted rest, giving a total minimum rest of 12 hours

06:00 06:0024 hours

Daily/Weekly Rest

3 Hours Daily Rest

9 Hours Daily Rest

Daily Rest

The driver may reduce their daily rest period to no less than 9 continuous hours, but this can be done no more than three timesbetween any two weekly rest periods, and no compensation is required. A daily rest that is less than 11 hours but at least 9 hoursis called a reduced daily rest period

06:0006:00

24 hours

Daily/Weekly Rest

Duty Time9 Hours Daily Rest

Daily Rest

When double manning a new daily rest period of at least 9 hoursmust be taken within 30 hours of the end of a daily or weeklyrest period

30 hours

Daily/Weekly Rest

21 Hours Duty 9 Hours Daily Rest

Weekly Rest

Weekly Rest

The driver must start a weekly rest period no later than at the end of six consecutive 24 – hour periods from the end of the last weekly rest period

6 x 24 hours

Weekly Rest

24hrs Weekly Rest

24hrs24hrs 24hrs 24hrs 24hrs

Weekly Rest

A regular weekly rest is a period of rest of at least45 hours durationA reduced weekly rest is a rest period of at least 24 hoursbut less than 45 hours duration

A weekly rest period is the weekly period during whichyou may freely dispose of your time

Weekly Rest

In any 2 consecutive weeks the driver must

Take at least:2 regular rest periods (of at least 45 hours)

Or1 regular rest period and 1 reduced rest period (of at least 24 hours)

24 Hours Week 1 45 Hours Week 2 24 or 45 hours

Weekly Rest

Reductions to the normal weekly rest period of 45 hours must becompensated for en-block before the end of the third weekfollowing the reduction and must be attached to another rest periodof at least 9 hours not necessarily another weekly rest period

Weekly Rest

Reduction Payback

Must be paid back en–block before the endof the third week following the reduction

Reduced Weekly Rest

35 Week 1 ? Week 2 ? Week 3 55

Unforeseen Events

Unforeseen Events

Provided that the road safety is not jeopardised, and to enable a driverto reach a suitable stopping place, a departure from the EU rulesmay be permitted to the extent necessary to ensure the safety ofpersons, the vehicle or its load. Drivers must note all the reasons fordoing so on the back of their tachograph printout at the latest onreaching the suitable stopping place

Unforeseen Events

Some examples of such events are delays caused by severeweather, road traffic accidents, mechanical breakdowns, Interruptions of ferry services and any event that causes or is likelyto cause danger to the life or health of people or animal.Note that this concession only allows for drivers to reach a suitable stopping place, not necessarily to complete their planned journey

Road Transport Directive (WTD)

Working Time

From the beginning to the end of work at the drivers work Station and at the disposal of the employer, exercising their functions or activities

Includes ‘driving’ and ‘other work’

What is ‘Working Time’?

Working Time

• Working Time is normally calculated over a 17 week period• However, can be extended over a 26 week period with

workforce agreement• Average working time is 48 hours• Maximum working time is 60 hours

Working Time Obligations

• Should communicate their daily activity accurately and effectively

• Must inform the employer in writing of all working time undertaken for another road transport employer

Driver’s

Breaks from Working Time

Breaks

At or prior to the sixth hour of work abreak of 30 minutesmust commence

Working Time must not exceed6 hours without a break

A break which satisfiesEU drivers’ hours lawmay also satisfy the requirements of workingtime law andvice/versa

Breaks from Working Time

Breaks must interrupt the working time and be taken in accordance with the following hours worked;over 9 hours

At or prior to 6 hrs

At or prior to 9 hrs

30 mins

45 mins

Graduated Fixed Penalties – EU Hours

Graduate of Fixed Penalties – EU Hours

Planning the Driver (open questions)• The challenges?• How many hours of work would you plan to a Driver?• What allowances need to be made for Driver welfare?• Verbal warnings to Drivers regarding activity the Driver has

declared that are not legally possible at that time – is this acceptable?

• Are Planners in a position to demand that a Driver completes planned activities even though the Planner is aware that the activity will force the Driver beyond legal operating requirements?

• What are the consequences?

Planning the Driver• You are the Driver:• Would you be prepared to work a 15 hour day?• How many breaks would be acceptable to be taken during a

15 hour working day?• Ask yourself this – how many times in the day do you go to

the toilet – how much time away from your work station do you take whilst at work (fag breaks) – do you have the facilities available to take advantage of whilst on a break – would you sleep in a layby?????????????

• It is against company general procedures for Drivers to sleep in laybys!

Planning the Driver• It is not easy planning Drivers and vehicles for any business, it

is important to always consider the Drivers welfare and legal operating requirements

• Always approach Drivers verbally as you would expect to be approached

• Never argue with Drivers – ascertain the facts – analyse and act – speak to management for further guidance if not sure

• Remain professional and respect your Drivers – the more you consider for them the more they will do to help your planning succeed

Driver Licence Checks

Driving Licence

• For a licence to be legal it must be,

• Signed in ink

• Correct category for the vehicle type

• Be in date

Driving Licence

• ‘B’ – car with MAM not exceeding 3500kg & not more than 8 passengers

• ‘C1’ – goods vehicle with a MAM of 3500kg to 7500kg

• ‘C’ – L.G.V with a MAM over 7500kg

• ‘C+E’ – L.G.V with trailers, articulated, close – coupled and draw bar

Driving Licence• Expiry dates,

• ‘B’ will expire on 70th Birthday

• ‘C1’ will expire on 70th Birthday

• ‘C’ will expire on 45th Birthday

• ‘C+E will expire on 45th Birthday

• ‘C & C+E’ will only be renewed subject to a medical, for a further 5 years

Driving Licence

• Driver number,

• Is the first 5 letters of a surname• The 6 figures of the date of birth• The first 2 letters of a first name plus a Swansea DVLA code

• Expiry dates,

• Correct categories for the vehicle type• Compare driver number with date of birth• Check expiry dates

Driving Licence

Surname

First Names

Date & Place of Birth

Issue/Expiry Date

Issuing Authority

Driver Number

Driver Signature

Holder’s permanent GB address

Categories of vehicles for which the licence is valid

Driving Licence

B Car

C LGV over 3500kg(Rigid vehicle)

C+E LGV Towing Trailer

Information Codes

Other groups

Driving LicenceName & Address

Driver Number

Issue Number

Driver Signature

Provisional Entitlement

Endorsements

To CheckWater MarkHold up to Light

Licence Checks

• CHECK – Address, including post code

• CHECK – DVLA Watermark

• CHECK – Driver and serial numbers

• CHECK – Categories

• NOT FORGETTING - Signature

Eyesight Check

• A driver must be able to read a number plate, in good day light (with glasses or

• contact lenses if worn)

• At a distance of – 20.5m (67 feet)

• New font size – 20m (65 feet)

Company Digi Tacho Responsibilities

Company Responsibilities (Digi Tacho)• With new vehicles – they should be activated/ calibrated and

locked in data using company card• Supply sufficient printer rolls• Have valid cards• Download data from VU• Store raw digital data and charts securely for 12 months in

date order• Analyze information periodically• Investigate discrepancies• Recalibrate every 2 years or inspect every 2 years and

recalibrate every 6 years

Key Points• Ensure that the data recorded on the drivers tachograph card

is downloaded at least every 28 calender days• Ensure that the data recorded in the vehicle units memory is

downloaded at least every 56 calender days

Penalties for non compliance,• Level 4 fine on summary conviction• Level 5 fine or imprisonment for up to 2 years• Fixed penalties for the driver with consideration of criminal

proceedings against the operator

Road Traffic Act

Road Traffic Act

‘A person shall not use a vehicle in a dangerous condition, or cause or permit another person to use a vehicle or trailer, on a road, when the purpose for which it is used, or the weight, position or distribution of its load, or the manner in which it is secured, Is such that the vehicle or trailer involves a danger or injury to any person’

FTA guidelines, 2010

The vehicle

‘A person is to be regarded as driving dangerously, if it would beobvious to a competent and careful driver, that driving the vehicle in its current state would be dangerous.in determining the state of the vehicle for this purpose, regardmay be had to anything attached to, carried on or in it and to themanner in which it is attached or carried’

FTA guidelines, 2010

The driver

Road Traffic Act

Consequence of Non-Compliance

It is best that the driver carries outprocedures andchecks before someone else does!E.g. VOSA

Against the driver;

Fines Endorsements

Disqualification

Imprisonment

DCPC Requirements

Initial DCPC

• The driver CPC regulations became applicable for new drivers acquiring a goods vehicle licence (CAT C1 or C) from 10th September 2009

• Following acquisition of both driver licence and initial DCPC the driver will then have 5 years to undertake periodic training

Driver qualification Module 1 Module 2 Module 3 Module 4

(a&b) theory Case studies Practical test Practical test

test (2.5hrs) (1.5hrs) (1.5hrs) (30 mins)

Licence & Driver CPC yes yes yes yes

Licence acquisition only yes yes

Upgrade to Driver CPC yes yes

Periodic Training (DCPC)• All drivers with acquired rights must attend DCPC training of

35 hours before the 10th September 2014• All training courses must be accredited by JAUPT• All Training Centre's must be accredited by JAUPT• Once the driver has completed 35 hours training they will be

issued with a card to reflect this and must carry it whilst at work – the card is valid for 5 years

• Cards are issued by DVLA• If a driver fails to achieve DCPC 35 hours then they cannot

legally drive for hire or reward and will face prosecution if found to be doing so

• The operator will also face prosecution in this case

DCPC• Driver Training Team offers courses of 7 hours accreditation to

all drivers and staff holding an LGV Licence,• All courses are accredited for 12 months maximum and can be

booked using the Operations data base or contacting the Academy directly to book a course or enquire about course dates

• All that attend the courses must bring with them both parts of their driving Licence – paper Licence with valid passport – the digital tachograph card cannot be used to record DCPC hours on the DSA website

International Requirements

International

There are certain operational requirements for hauliers to take in to account when sending their vehicles and drivers abroad, with regards to

• The Driver• The Vehicle• The Goods

Considerations and Requirements• Warning Triangles – one or possibly two of an approved size

and pattern maybe mandatory for certain countries eg, Austria requires 1 – Turkey requires 2

• Lights – It is always advisable for drivers to carry full set of replacement light bulbs when operating a long way from home base. Certain countries may make this mandatory requirement, they are,

• Denmark• France• Hungary• Norway and Sweden

Extra Equipment

For winter conditions, either,• Snow tyres• Wheel chains• Snow chains• Anti skid chains

Extra Equipment• Wheel chocks – must be carried by vehicles over a certain

weight eg, Austria: vehicles over 3.5 tonnes• First Aid Kits – must be carried in many countries eg, Bulgaria,

Germany and Greece• Many countries require drivers to carry a reflective jacket• It will be a legal requirement to carry a breathalyser in the

vehicle whilst travelling in France with effect from 1st July 2012 with enforcement from 1st November 2012

• French police advise that 2 kits be carried and the kits must be NF approved (NF is French for Laboratory mark)

Passports/ Visa and Health Care• Drivers on international journeys are strongly advised to carry

their European Health Insurance Cards

• The Passport is the most important document the Driver will carry

Vehicle Documents• The vehicle registration document must be carried in the

vehicle, this shows evidence of the following – the European concept on the V5 document is different to UK, their concept is that it shows,

• Evidence of registration• Evidence of ownership• Evidence of entitlement to drive

• Insurance document (valid) must be carried• Letter of authority to drive (driver named on letter) must be

carried• Letter of attestation (declaration) must be carried

Immigration Controls• All ESL Drivers must use the border control check facilities

(Calais) on entering the UK from mainland Europe, these are,• CO2 Check – officials will probe the vehicle for CO2 emissions• Scanner Check – the vehicle is driven in to a scanning unit

where the driver dismounts the vehicle to a safe place until the vehicle is scanned

• Following these checks paperwork (CMRs or other) must be stamped and signed as checks completed

Immigration Controls• When stowaways are found either at UK ports upon arrival or

at a UK Control Zone abroad and there is no automatic defence, penalties can vary and the authorities will investigate what measures would have been taken to prevent stowaways,

• Penalties to be imposed anywhere between £2000 per stowaway down to zero depending on the efforts made by driver/ company at the time in question

Summary

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• Please ensure you have completed the register accordingly and all information required from you is printed clearly

• Thank you for your participation and time

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