woodfines’ autumn transport conference 2019 · 2020. 11. 12. · first things first – driver...
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Woodfines’ Autumn
Transport Conference 2019
Mock Driver Conduct Hearing
The tale of …
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First things first – Driver ‘Conduct’
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• Traffic Commissioners’ expectations
• Giving drivers the right tools
• Statutory Document Number 6
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First things first – Driver Conduct
3
• Consultation from 29 May 2019 – 24 July 2019
Proposed changes concern:
• driver disqualification
• abusive behaviour and intimidation of officials
• hearing cases when drivers fail to attend without notice
• additional language support for drivers during hearings
• the increased penalties for mobile phone use
• armed services personnel
• the entry points, aggravating features and case examples
• Keep an eye out for the updated version!
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Driver Conduct
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• Secretary of State must be satisfied that a driver (or applicant) is or
continues to be a fit person to hold the licence applied for/held.
• If there are concerns relating to the fitness of an applicant, or
someone who already holds a vocational licence, the Secretary of
State may refer the matter to a traffic commissioner for
consideration.
• Referrals are usually made by the Driver and Vehicle Licensing
Agency (DVLA) but can also be made by other sources, notably
the Police or the Driver and Vehicle Standards Agency (DVSA).
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Driver Conduct
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• When considering the conduct of an applicant or existing licence
holder, traffic commissioners can:
• grant the vocational entitlement;
• refuse an application (including indicating a period of time where
the applicant is expected to drive ordinary vehicles without
incurring further offences);
• suspend an existing entitlement for a period of time;
• revoke an existing entitlement
• disqualify an existing licence holder for a period of time from
driving large vehicles.
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Driver Conduct
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Traffic Commissioners Annual Report 2018-19
Regulatory work
• 1568 public inquiries
• 335 preliminary hearings
• 126 Senior Team Leader (STL) interviews
• 21,715 driver conduct cases closed
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Driver Conduct
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Driver Conduct – Wood Signs Ltd
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• The company has started to source the materials for their signs
from Europe
• In September 2019, one of Wood Signs Ltd’s drivers, Mike
Hayward, was stopped on return from France by Border Force and
then by the DVSA.
• Border Force found:
• 4 clandestine entrants within the vehicle
• DVSA found:
• Damaged wing-mirror roadside prohibition
• Mr Hayward was not carrying his driver CPC card
• Roadside interview took place
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Interview under caution
• Voluntarily
– Letter requesting attendance
• Following arrest (depending on circumstances of alleged
offence(s))
• At the roadside?
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Interview under caution
1 0
“You do not have to say anything. But it may harm your defence if you do not mention,
when questioned, something that you later rely on in Court. Anything you do say may
be given in evidence.”
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Interview under caution
1 1
• “You do not have to say anything.
• But it may harm your defence if you do not mention, when questioned, something that
you later rely on in Court.
• Anything you do say may be given in evidence.”
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Interview under caution - options
• Should you decline to attend interview?
• Should you give ‘no comment’ i/v OR prepared statement OR
answer questions?
• Strict liability offences – does an explanation need to be put on
record?
1 2
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Reminder to staff: Bodycam on DVSA and EA
Officers
1 3
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Driver Conduct – Wood Signs Ltd
1 4
• £50 fixed penalty was issued to the driver for failing to carry DCPC
• DVSA visit of Wood Signs Ltd’s operating centre.
• Driver had recent, notifiable motoring convictions and
endorsements on his driving licence for:
• 1 offence of using a mobile phone whilst driving (CU80) – 6 penalty
points and £200 fixed penalty; and
• 1 offence of exceeding statutory speed limit (SP10) – 3 points and
£200 fine.
• A civil penalty was also issued by the Home Office Border Force to
the driver and has been accepted and is not subject to an appeal.
• CALL UP TO DRIVER CONDUCT HEARING
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Driver Conduct Hearing – The Process
1 5
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Driver Conduct Hearing – The TCs
1 6
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The Hearing…
(Remember to send us your
questions and comments at
www.sli.do – event code #8888)
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Decisions, decisions, decisions
1 8
What regulatory action, if any, would you take if you were the Traffic
Commissioner?
• Warning only
• Suspension for less than 4 weeks
• Suspension for 4 weeks or more
• Revocation
As a result of the hearing, would you call the operator/company to a
Public Inquiry?
• Yes
• No
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Woodfines’ Autumn
Transport Conference 2019
Mock Driver Conduct Hearing
The Decisions
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The Decisions
What regulatory action, if any, would you take if you were the Traffic
Commissioner?
• Warning only
• Suspension for less than 4 weeks
• Suspension for 4 weeks or more
• Revocation
As a result of the hearing, would you call the operator/company to a
Public Inquiry?
• Yes
• No
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Lessons Learnt
2 1
• Responsibility of driver to inform operator regarding TC’s decision
– is that too late?
• Encourage proactive action from driver at the point of receiving the
call up letter – allows an opportunity for the driver to get their
“ducks in a row”
• Encourage drivers to attend their hearings
• Remember that any matter relating to a driver’s professional
conduct can be taken into account
• Drivers are expected to fully understand the relevant laws and
legislation before carrying out their professional duties – as an
operator/transport manager, how confident are you of this?
• Driver Conduct Hearings can and do lead to DVSA investigations
into the operator and can lead to further regulatory action (i.e. a
Public Inquiry)
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Thank you for listening
@woodfines
@MichelleOGarro
@Lorry_Lawyer
@ntaylorallkins
@WoodfinesMikeH
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