VOSA’s Operator Compliance Risk Score (OCRS) has been in use since 2006, so the system is at a fair point for review. After listening to industry’s concerns about how VOSA could make better use of this system in the future – a series of changes will be introduced from 30th April 2012.

There has been a variety of proposed changes that should result in a more robust, more flexible and more accurate system. The highlights are summarised below, but a detailed list of the changes can found online at the web address at the end of the article.

Predictive Scoring

Although evidence and analysis indicates that operators with similar profiles will have similar risk ratings, predictive scores have been unhelpful when selecting individual vehicles for inspection – and have the added disadvantage of masking an operators lack of contact with VOSA. So, from 30th April predictive scores will be replaced with no score – a ‘grey fleet’ marking. This will show that VOSA has no data with which to rate that operator’s risk of non-compliance.

Interestingly, in the majority of cases ‘grey fleet’ operators tend to have no score either for roadworthiness (determined at annual test and roadside mechanical inspections), or for traffic enforcement (determined by roadside document inspections and prosecutions), but not both at once.

Available data

To make the OCRS more robust, more accurate and more up-to-date, we will move from a rolling two-year dataset that calculates the OCRS from the end of the previous month to a rolling three-year dataset, starting from May 2009, which will calculate the OCRS from the end of the previous week.

Points System

Some operators have commented that it is not always easy to understand how points received for a defect or offence will impact on their score. To address this, we will move point allocation for traffic offences to the same systems for mechanical defects – graduated based on the severity of the offence. So, rather than different points for each defect or offence, we will be moving to a set number od point based upon the seriousness of the defect or offence.

For example, an immediate prohibition for brakes or tyres will receive more points than one for defective bodywork. Defects found at annual test will be treated in a similar way to those found at roadside. ‘S’ – marked defects will incur double points.

The Graduated Fixed Penalty and Deposit bandings will apply to all offences detected at the roadside. OCRS points will also be applied when VOSA issues a prohibition for Hazchem offences.

Prosecutions

Rather than allocating a score when VOSA sends the paperwork to a court to issue a summons, points for a prosecution will in future only be added in the instance of a conviction.

Turning over a new leaf

VOSA also recognises that our inspection priorities delay many operators who are only a few points in the amber from ‘rehabilitating’ themselves to green.

So going forward from 30th April, all points will be weighted by age. More recent defects/offences will be given more points than older ones. As the incident becomes older , so the points will reduce and the operator’s score will become greener – giving operators the chance to improve their score, even without a clear encounter with VOSA.

Red shift

However, some events will trigger an operator’s status to red, whatever their underlying score. For example, a conviction will move an operator to red for a 12 month period, after which the operator will revert to the status merited by their baseline score.

If as the result of a roadside inspection an operator receives a MOst Serious Infringement (MSI) as defined in Regulation (EC) 1071/2009, their status will move to red for six months. If another MSI is issued in this time, the six months will start again. However, if no further points are received, at the end of six months the operator will revert to their baseline score status.

RAG rating

VOSA is also looking to move from 10 bands, each containing a fixed percentage of operators, to a system where operators are rated as Red, Amber or Green (RAG) depending on their baseline score.

This means that an operator will only move between bands as either the result of a vehicle inspection or the result of the weighting factor reducing the OCRS Score.

VOSA’s inspection priorities will be based upon this new banding, with red rated operators being the first priority , followed by grey fleet, then amber, then green. This will ensure that we continue to target those vehicles most at risk of non-compliance and also get to know all those operators who have not yet had the chance to establish their own score.

To download details of the changes and new point scoring system visit:

www.vosa.gov.uk/OCRS-FAQs

Extracted from Moving On magazine

The DOE intends to amend the operator licensing system to more closely align with the GB system, including the introduction of restricted licences for own account operations. Primary legislation is now in place and permits are due to issued from May 2012.

Extracted from Commercial Motor

The government is proposing to introduce cost recovery for health and safety enforcement interventions in April 2012. Where an enforcement officer finds a material breach of regulations, the costs for all interventions, such as visits, phone calls, written advice (by letter or email), or issuing improvement or prohibition notices, will be charged using an hourly rate of about £124 until the issue is resolved by an improvement or a prosecution.

Extracted from Commercial Motor magazine

The Road Transport Directive (RTD) required self-employed mobile workers to be included in the scope of the rules from 23rd March 2009. UK legislation still excludes self-employed drivers because debates in Europe continued to make their introduction unclear. However, the DfT is now working towards amending the GB rules in the spring. This will limit self-employed drivers to a 48hour working time average, a 60-hour cap and breaks from work. The UK regulations contain an important concession for those who are carrying on their own trade or business, so that the obligation to ensure the rules are met and to keep records falls on the self-employed driver, rather than their customers.

Extracted from Commercial Motor magazine

The second phase of changes due October 2012 to the specification (first phase in October 2011) looks to increase security. To detect tampering, information from an independent motion sensor will be checked against the vehicle unit and nay discrepancies will be logged and reported as motion conflict events. Mandatory upgrade or retrofitment is not required.

Extracted from Commercial Motor Magazine

The EU regulation 1266/2009 – the one-minute rule took effect on  1st October 2011. Before then, any driving – even one second – within a ‘calendar minute’ meant that the whole minute is interpreted by the tachograph as driving. Under the new ruling the tachograph records the whole minute as the dominant activity during the minute. Thus, even 29 seconds of driving is not recorded as driving – it would be work if that was the mode for the other 31 seconds. This small change can generate a significant amount of extra driving time on multi-drop routes.

This new rule affects the tachograph, not the analysis software. It is impossible to upgrade existing tachographs, so operators seeking the extra driving time potential must re-equip vehicles with one of the two latest tachographs that comply with the new rule.

Extracted from Commercial Motor Magazine

The EC wants to ban operators from carrying out their own digital tachograph analysis on the grounds that the practice encourages fraud. The proposal emerged during discussion on legislation to introduce a new generation of tamper-proof digitachs, due on the market in 2015.

The EU Council of Transport Ministers and industry bodies oppose the EC’s move. Hauliers that carry out their own analysis run large fleets and receive an electronic workshop card to process the information.

Prototypes of the new digitachs will be tested before entering the market to prevent the problems that hampered early models, such as inaccurate time calculation. The so-called smart tachograph will include new functions such as satellite positioning, remote communication for roadside checks and integration to other intelligent transport systems, such as hazard warning.

Extracted from Commercial Motor Magazine

The changes weve been telling you about are finally here. Since 4th December 2011, the rules on applying for and holding standard O-licences changed, as did the rules for transport managers.

A new national register of operators and transport managers has been created in the UK. The UK register will contain information from GB, Northern Ireland and Gibraltar and will be connected electronically to registers in other EU member states to improve the flow of important information about operators and transport managers.

Who the register applies to

The new national register applies to:

- Road haulage operators with O-licences in Great Britain, already within the scope of the existing European Community legislation and who provide hire or reward services.

- Operators of road vehicles designed to carry ten or more people (including the driver) with O-licences in Great Britain  who carry passengers for hire or reward under a standard licence within the UK and the European Community.

Northern Ireland has its own O-licensing regime for both goods and passenger vehicles, and will provide its own information for UK register.

What did you have to do now?

Last September, the Office of the Traffic Commissioner sent questionnaires out to all standard O-licence holders listed within the operator licensing database. For most of you, the return of the questionnaire is all that will be needed.

The questionnaire has been designed so that each operator can provide the information required for the national register and show that they are compliant with the new EU Regulations.

Most operators have responded to the questionnaire, but there are still a number who have not yet done so. It is vital that the outstanding questionnaires are completed and returned immediately.

Transport Managers

Transport managers with Certificates of Professional Competence (CPC) do not need to take any action as their qualifications remain valid. Those with National CPC only may upgrade to International in 2012 if they wish, but it is not a requirement of the EU regulation.

Transport Managers with recognised trade body CPC exemptions should have received new numbered certificates from their trade body by now. If you expect a certificate but haven’t yet received it, contact your trade body.

Transport manager acquired rights have replaced transport manager grandfather rights. Grandfather rights holders on an operators licence will normally receive an acquired rights certificate in response to a completed operator questionnaire. Grandfather rights holders not on a standard operator licence who want to gain acquired rights will need to make an application before December 2011.

Small Trailers

Since 4th December 2011, small trailers towed by a vehicle under 3.5 tonnes and used for hire or reward are no longer exempt from operator licensing. Therefore, if you are carrying other people’s goods for hire or reward (e.g. working as a courier or freight transport business), the weight calculation must now include any trailer attached (irrespective of the trailer’s weight). If the vehicle and trailer combination exceeds 3.5 tonnes gros plated weight  – or where there is no plated weight, exceeds an unladen weight of more than 1525 kg – a standard O-licence will be required.

The original exemption for a trailer with an unladen weight of less than 1,020 kg still applies as before where the person using it is not carrying other peoples’ goods for hire or reward. In such cases, the weight of the trailer can be ignored for the purposes of adding up the total gross weights or unladen weights to determine whether an operator’s licence is required.

Extracted from Moving On magazine

the introduction of the new version of the ADR (the European Agreement on the International Carriage of Dangerous Goods) in January 2011 saw a number of changes which impacted on companies from the full force of operational changes for a period of time, giving those affected a chance to consider the best way to implement any amendments. These measures have now come to an end.

All of the new version of the ADR agreement had to be adopted by 30th June 2011. Changes included an update to the instructions in writing, a change in the classification criteria for environmentally hazardous substances and the marking of packages containing such goods, and the revocation of the requirement to add a technical name to many substances allocated to UN Numbers known as ‘N.O.S.’ – entries. the most important amendment to the regulations, however, has been the change to the Limited Quantity packaging regime. There is a new requirement for training of staff involved in the packing, marking loading and transporting of such goods and need for vehicles to be marked when carrying more than 8,000kg of such goods.

The international Maritime Dangerous Goods (IMDG) Code will be updated in 2012 ensuring harmonisation of these vehicle markings across both made. Currently the letters ‘LTD QTY’ require to be marked. Remember though that vehicle markings for journeys including a sea-leg are required for all quantities of goods packaged in limited quantity format!

Other harmonisation changes include the requirement for staff to be trained prior to the commencement of their duties,  unless they can work under supervision. A new ADR requirement giving unloaders responsibilities was also introduced this year. Unloaders should check goods against transport documentation, check for damage to the vehicle/ containment system, remove residues, close valves and ensure that any vehicle markings are removed were required.

Another new requirement is a mark on IBCs (Intermediate Bulk Containers), indicating whether the IBC in question can be stacked and the maximum mass that is allowed to be imposed. Old, repaired IBCs, also need this mark since January 2011; however this mark is not required after the regular periodic inspections and tests are due.

Extracted from Freight magazine

The public row that saw traffic commissioners (TCs)

accuse VOSA of undermining their judicial independence has been described as a ‘crisis’ by TC for Scotland Joan Aitken.

In the TCs’ Annual Report 2010-11, Aitken comments on the December 2010 spat in which the TCs spoke out against plans for them to report on their expenses, leave, working time nad hospitality to VOSA’s chief executive Alastair Peoples, and former Senior TC Philip Brown.

North-West TC Beverly bell and Western TC Sarah Bell reacted with anger at the time, although Brown attempted to play down the conflict.

However, in the report, published this week, Aitken says: “In December a crisis was created whereby statements by the chief executive of VOSA created an impression of subservience of the traffic commissioners to his role. “Unfortunately this perception was not anticipated by the senior TC.

“Much work has had to be done to counter what was written then and not retracted in an acceptable manner.” Brown has since taken special leave for health reasons, and Beverly Bell assumed his responsibilities as Deputy Senior TC.

Aitken goes on to say how, at a meeting in March attended by the TCs, the VOSA chief executive gave the “clearest of assurances” that he valued and supported their independence. The outcome of the meeting was the promise of a framework document, which will set out their responsibilities so there can be clarity for the future.

Extracted from Commercial Motor

The Driver CPC training gap has reached five million hours, with almost half of the UK’s logistics firms set to miss the 2014 legal deadline, according to new research.

HGV drivers in Europe are required to have completed 35 hours of training by September 2014, but the FTA estimates that, more than two years after the clock started counting down, some 46% of its members are set to miss the deadline – based on the assumption of seven hours of training undertaken each year over 60 months.

Isobel Harding, FTA national training manager, says: “Tough trading conditions, high fuel costs and traditionally slim profit margins mean that budgets are being stretched across the industry.

“While awareness of these training obligations is high, there is a manifest reluctance from the industry to invest in training drivers when there is a good chance that by the time the deadline comes around those same drivers might be working elsewhere.”

Another issue surrounding Driver CPC training is the perceived quality. The Driver Standards Agency is currently handling seven formal complaints in regards to the training provision.

Extracted from Commercial Motor

Unite’s call for more VOSA funding to catch those pushing drivers too hard has won support from operators. The union is concerned that long hours and unreasonable routing is contributing to accidents, with the impact of this cumulative grind meaning some firms are operating on “the edges of legality”.

Matt Draper, Unite national officer for road transport, says: “We are seeing  the amount  of hours drivers are expected to work continually rise.” It is calling on Transport Secretary Justine Greening to boost VOSA’s resources so that it can carry out more checks.

Richard Fry, director of Framptons Transport Services, agrees. “It’s not endemic but there will always be some [that will do this], the sorts based down the back lanes. Big companies like ours are easy to get to, but VOSA really needs the resources to target these small operators out of hours.”

Andy Boyle,MD of ABE (Ledbury), says the nature of the firm’s work with agricultural clients means there are times when drivers are asked to go the extra mile. “We need to move goods when clients require it.”

However, Boyle says enforcement must be up to scratch and supports more cash for VOSA so that they can provide an effective deterrent. Liam Quinn, owner of Quinns Transport, adds: “If you ask a driver who is working for minimum wage for 48 hours a week, they would love to work for 60 hours a week to earn more money.”

Extracted from Commercial Motor

An owner-driver who fiddled his drivers’ hours records by using the name of a former employee has been jailed for 30 weeks.

Mold Crown Court was told how Wrexham-based Andrew Clorley, 48 who traded as A Clorley Transport, admitted flouting tachograph regulations on 11 occasions, by using a fresh sheet in the name of Eric Groves, a driver who had left the business.

At the time of the offences, Groves was not in the UK. Clorley regularly drove his 44-tonne artic loaded with chipboard from Kronospan at Chirk down the A470 to south Wales.

However, a VOSA investigation found that on seven occasions he had driven more than 13 hours a day when the limit was nine. He also failed to take the required daily rests. On one of the days, Clorley had driven for a total of 14 hours and 12 minutes.

James Cullen,  defending, said  that Clorley had at the time been £72,000 in debt, and feared that if he was jailed he would lose the business and his home. However, Judge Rhys Rowlands told the hearing the fact Clorley was driving along difficult road, and over long distances, in an artic had created a “very real danger” to himself and other drivers. The judge said: “You were behind the wheel of a very large vehicle, driving long distances around Wales, when it would have been unsafe for you to have been driving.”

Alex Fiddes, VOSA operations director, says: “Drivers’ hours regulations are there to ensure that people who use the roads are safe. Tired drivers are dangerous drivers, one in six motorway deaths result from drivers being too tired, so it is vital that HGV drivers stick to the rules and take proper rests. “The sentence demonstrates how seriously the courts view such breaches.”

Extracted from Commercial Motor

A Dorset manufacturing firm has been fined £10,000 after a delivery lorry driver was run over by a forklift truck.

Kelvin Davey, 61, from Verwood, Dorset, had both his ankles and lower legs broken when the forklift truck reversed into him at Verpals Ltd’s Dorset site on 9th March 2010.

Bournemouth Magistrates’ Court heard that there was not enough separation of the work area used by both pedestrians and forklift trucks at the premises.

Although Mr Davey has now returned to work at the company, which manufactures ventilation accessories for the white goods industry, his injuries were initially thought to be severe enough to have ended his career.

Verplas Ltd, pleaded guilty to Section 2 (1) of the health and Safety at Work etc. Act 1974 and were fined £10,000 and ordered to pay costs of £2,407.

Extracted from Transport Operator

With the ‘one-minute rule’ coming into force from 1st october 2011, all new trucks must now be fitted with a tachograph which incorporates the changes. The SE5000 Exakt from Stoneridge, which incorporates the one-minute rule, was launched six months ago – and the company says it has now helped more than 5,000 operators see how much driving time they can gain through the Stoneridge Comparison Tool.

by uploading  their VU data, operators have gained a total of over 700,000 extra drive minutes. With an average of 45 minutes’ extra driving time per driver per day, Stoneridge suggests, the SE5000 Exakt could pay for itself in less than eight weeks.

In addition, the time-saving could mean fewer infringements, increased deliveries for fleets, and higher revenue for their business.

Extracted from Transport Operator

Paper Licence Holders – Obtaining a Driver qualification card (DQC)

From 18^th October 2011, following the introduction of new regulation, Holders of a UK paper driving licence will be obliged to exchange it for a photocard licence to receive a DQC following completion of 35 hours periodic training. Paper licences will still be admissible for the attendance of periodic training.

Duration of Driver Certificate of professional competence (CPC) status for foreign licence holders who exchange for a UK licence

From the 18^th October 2011, drivers who exchange their licence to a UK licence and got their Driver CPC qualification in another Member State will receive Driver CPC qualification recognition for the unexpired part whatever the remaining duration maybe. From then on, after completing 35 hours periodic training in the UK, they will get Driver CPC for five years in line with other UK licence holders.

These drivers will have had their original Driver CPC status shown by a Code 95 on their driving licence or by a DQC.

If Code 95 has been used, DVLA will advise DSA, who will then issue a DQC to the driver.

 Existing vocational drivers

Drivers who obtained their vocational licence before the introduction of Driver CPC may complete periodic training in GB. Trainers should accept their licence to prove entitlement and if the licence is a photocard licence, as proof of identity. Once they have completed 35 hours within 5 years, they may apply for a DQC using a DQC1 application form in the same way that a driver with a licence from another Member State would. 

New vocational drivers

Drivers from these islands who pass their licence acquisition since the introduction of Driver CPC can apply to DSA to take the Driver CPC case studies (module 2) and Driver CPC practical demonstration test (module 4) by phoning 0300 200 1122.

Once both tests have been passed the driver should apply for a DQC using a DQC 1 application form. Drivers who wish to drive professionally in GB must then undertake 35 hours of periodic training.

The new regulations draw a clear distinction between internal and external transport managers. Internal managers will generally be full or part-time employees of the transport enterprise, or have some other close connection such as a directorship. Provided the traffic commissioner can be satisfied that the transport manager can demonstrate ‘effective and continuous management’ of the transport activities concerned , such appointments should not be problematic.

External transport managers include those who are engaged on a part-time basis under contract as transport managers for a number of operators.

The reformed legislation makes it plain that external TMs must have ‘effective and continuous management responsibility for the transport activities of the operator.’ The TM must have a written contract stipulating the number of hours to be worked and the tasks and responsibilities entailed.

for the first time, a limit is put on the number of vehicles and operators that an external transport manager can be responsible for. A maximum of 50 vehicles in total spread over no more than four operators is all that will be allowed, and this, according to the Department for Transport, is “a limit and not an absolute right.” Individual Traffic Commissioners will judge each case on its merits within the DfT limits.

Traffic Commissioners will also have the power to disqualify a CPC holder from being a transport manager, rather than, as at present, merely announce that he has “lost his good repute.” After December 4th, the Traffic Commissioner will be able to disqualify the CPC holder from holding any transport manager position across the European Union for a specified time, and will also stipulate what action might be required from the CPC holder by way of rehabilitation.

Extracted from Transport Operator

From 4th December 2011, the rules on applying for and holding a standard O-licence will change, as will the rules for transport managers. Most operators and transport managers won’t need to do anything beyond completing a short questionnaire to confirm their status. But some of you will need to take further action.

Transport manager records

All operators with standard licences and their nominated transport managers will be affected by the rules around transport managers records. The office of the Traffic Commissioner is writing to all those affected to ask operators  and transport managers to fill out a short questionnaire, which will include questions about their certificate of professional competence, exemptions, grandfather rights and a few other details, such as the transport manager’s place of birth.

Transport managers will also be asked to confirm which type of transport manager they are:

Internal transport managers have a genuine link to the licence holder – for example, by being a full-time or part – time employee, the licence holder or a listed partner or director.

External transport managers are hired-in under a contract that specifies the that he/she will perform. An external transport manager can only work for a maximum of 4 operators(not licences) with a combined total fleet of 50 authorised vehicles. This is the 4/50 rule.

Grandfather Rights

Over the next six months the Department for Transport will issue a new certificate to current grandfather rights holders who are on a valid O-licence – as long as they complete and return the questionnaire. Holders who are not currently on an O-licence will still be able to apply for continued grandfather rights. Further details on the eligibility rules and the application process will be communicated through the trade press.

Financial Standing

The range of acceptable evidence that operators must provide to Traffic Commissioners for standard licences and applications will not change significantly. Once they have been updated, the statutory directions and guidance on financial standing issued by the Senior Traffic Commissioner will be made available online at www.businesslink.gov.uk/transport.

From 1st January 2012 rates for financial standing will be re – calculated annually based on a Euro / Pound exchange rate determined on the first working day of the previous October. As now, operators will need to ensure that they continue to meet the financial standing requirements at all times. They will not be required to take action until they make a new application or are requested to do so by the Traffic commissioner.

 Business Address

From 4th December, the use of PO Boxes and third-party addresses will no longer be permitted. Operators affected by this will be contacted by the Office of the Traffic Commissioner with advice on how to proceed.

Vehicles in possession

An O - licence can currently be held by an operator without any vehicles or any formal arrangements to have any vehicles. But from 4th December operators with standard  licences must be able to prove – when asked – that they have a formal arrangement for access at all times to at least one vehicle registered or in circulation in GB. Informal arrangements to hire or borrow a vehicle will not be acceptable.

What do I have to do?

 The Office of the Traffic commissioner is writing to all operators with standard licences with a short questionnaire and a comprehensive guide to the forthcoming changes.

These letters are being sent out at the end of September and responses will be due back by 17th October 2011. The questionnaire must be fully completed and signed by both the operator and the nominated transport manager/s.

Extracted from ‘Moving On’ magazine

Euro-6 Emission standards become mandatory for new vehicle types from 31st December 2012, and for new vehicle registrations from 31st December 2013. Reduced pollution certificates (RPCs), which give discounted rates of VED, will be available for those that purchase vehicles that adopt the standard before mandatory introduction from 1st January 2012. Reduced VED will be available for RPC holders until 31st December 2016

Extracted from Commercial Motor

Mark Hull - The Managing Director of Sigma Studies

Transport training specialist Sigma Studies is the latest provider to speak out about the controversy concerning unaccredited training courses. Anecdotes have abounded recently of trainees being led by some providers to believe that courses on which they have enrolled will contribute towards their Driver CPC – when the reality is they do not. Sigma Reports instances of drivers and operators who have come to them for advice, having completed courses with other providers, without realising that these courses are not JAUPT-accredited, and so do not count towards the Driver CPC.

Sigma managing director Mark Hull told us: “Overall, the feedback we are getting from all training carried out is very positive…

Sigma Studies has more than 25 years’ experience supporting the transport industry including with training, tachograph analysis and operator licensing. The company also offers consultancy services, including DGSAs (Dangerous Goods Advisor). As well as Driver CPC, Sigma’s training programmes include ADR courses (including for explosives), the transport managers’ CPC courses and exams, tachograph training, driver assessments including assessor training, and defensive driving and fuel saving tips (SAFED).

Extracted from Transport Operator