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Compliance

Compliance in Transport

Transport Compliance Services for HGV and PSV

Both drivers and operators are responsible for ensuring safety and compliance with regulations set by the DVSA (Driver and Vehicle Standards Agency) and the Traffic Commissioner.

It is crucial to effectively manage your operator licence compliance and understand the potential consequences of neglecting this responsibility, which may include the suspension or revocation of your licence.

Compliance is crucial because it ensures that operator are operating within legal frameworks, which reduces the risks of penalties, ensuring that your daily operations are efficiently run. By ensuring you have stringent compliance in place, means that your operation will be seen as reliable and trustworthy to clients as well as the DVSA. Non compliance, can lead to intervention by the DVSA, and result in fines, suspension or revocation as well as criminal charges against the company. This is why compliance is key to your business and holding an operators license.

The Transport Consultant can help clarify operator requirements and verify that your operations adhere to the regulations concerning your operator licence, vehicles, and drivers and in line with DVSA and traffic commissioners requirements.

The Transport Consultant will look at the following for compliance in HGV and PSV:

  • Record keeping
  • Safety checks
  • Driver training
  • Keeping up to date on all documents and training
  • Insurance
  • Maintenance
  • Drivers hours and working time
  • Vehicle markings
  • Emmissions and charges
  • Preventative Maintenance Inspections
  • Communication

Contact The Transport Consultant to discuss how we can ensure you are compliant in all areas.

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What is a Public Inquiry for HGV and PSV Operators?

A Public Inquiry is the method used by a Traffic Commissioner to hear either allegations against an operator. There are three main reasons as to why you would be called to a Public Inquiry:

  • There are suspicions that you are not managing your licence properly as an Operator Licence holder or Transport Manager. You have applied for an operator’s licence but –
  • The Traffic Commissioner has concerns with you or your application.
  • Local residents have complained about your operating centre.
A Traffic Commissioner may call a Public Inquiry for a variety of reasons. At the hearing, the Traffic Commissioner will question you directly and you must explain any compliance failings that have been identified, You will be asked to present all your transport records which may include (but not limited to);
Your Preventative Maintenance Inspection records (Preventative Maintenance Inspections).
Drivers hours / Tachographs and any offences that have arised.

This documentation may include risk assessments, policies, procedures, training records, maintenance records, and tachograph data. It is crucial to act immediately upon receiving a desk-based assessment, as responses are typically required within 7 to 14 days. Always provide the requested information; failure to do so may result in unfavorable findings that could be documented in the final report. Ensure your responses are comprehensive and include relevant explanations and evidence. It is essential to have effective systems in place to manage your compliance.

Contact The Transport Consultant for assistance with any desk-based assessment requests. Our expert team is here to help you.

DVSA / VOSA Desk Based Assessment

The Driver and Vehicle Standards Agency (DVSA) is streamlining assessments to improve efficiency. One key approach is the use of self-assessment and desk-based assessments to evaluate the compliance of transport operators across Great Britain.

Traditionally, DVSA examiners conducted in-person visits to operators’ premises to assess compliance. However, there has been a shift toward desk-based assessments, which allows transport operators to respond more quickly to evaluations. A desk-based assessment is essentially a remote audit of an operator’s compliance systems.
Operators will receive a letter from the DVSA requesting documentation that demonstrates their compliance, including system details and any other relevant information. The DVSA will review this information and prepare a report identifying any issues with the operator’s systems. Operators will then have the chance to address the DVSA’s negative findings. After this, the DVSA will compile a final report for the Traffic Commissioner outlining their findings. If significant concerns arise, the Traffic Commissioner may invite the operator to a public inquiry. To respond to a desk-based assessment, operators may need to provide substantial documentation to support their responses.
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DVSA Road-Side Check for HGV and PSV Vehicles

As a commercial driver, you may be stopped by the police or the DVSA (Driver and Vehicle Standards Agency), as they have the authority to stop vans, lorries, buses, coaches, and limousines. They can conduct spot checks on your vehicles and issue prohibitions if necessary. A prohibition could prevent you from driving until the issue with your vehicle is resolved. The police and the DVSA can also issue fixed penalties. Therefore, it is your responsibility, as an operator or a Transport Manager, to ensure that your vehicle is roadworthy.

During a stop, the police or DVSA will conduct checks either roadside or at dedicated testing sites. These checks are intended to keep unsafe and unroadworthy vehicles off the road. The officer (from the police or DVSA) will verify that the vehicle is complying with all rules and regulations. This includes:

  • Checking authorized load weights and the type of load permitted.
  • Inspecting vehicles for roadworthiness and mechanical faults.
  • Reviewing tachograph records.
  • Checking driving licenses.

Your vehicle may be impounded if you commit a series of serious offenses. It is the driver’s responsibility to ensure that their vehicle is safe to drive before setting off on a journey.

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Drivers must conduct a walkaround check before any journey begins. They should check:

Lights

Tyres

Wheel fixings

Bodywork

Trailer coupling

Load and other equipment

Drivers are responsible for reporting any defects in writing and informing the operator about them. The operator is responsible for ensuring that safety inspections are carried out before a vehicle is used for the first time. Additionally, operators must ensure that regular safety inspections are performed, that drivers are clearly instructed about their responsibilities, and that procedures are in place to keep unroadworthy vehicles out of service.
If you need advice regarding a roadside check, please contact The Transport Consultant, and we will be happy to help you.
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