Woodfines’ Autumn

Transport Conference 2019

Mock Driver Conduct Hearing

The tale of …

First things first – Driver ‘Conduct’

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• Traffic Commissioners’ expectations

• Giving drivers the right tools

• Statutory Document Number 6

First things first – Driver Conduct

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• 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!

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).

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.

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

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

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

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“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.”

Interview under caution

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• “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.”

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?

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Reminder to staff: Bodycam on DVSA and EA

Officers

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Driver Conduct – Wood Signs Ltd

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• £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

Driver Conduct Hearing – The Process

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Driver Conduct Hearing – The TCs

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The Hearing…

(Remember to send us your

questions and comments at

www.sli.do – event code #8888)

Decisions, decisions, decisions

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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

Woodfines’ Autumn

Transport Conference 2019

Mock Driver Conduct Hearing

The Decisions

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

Lessons Learnt

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• 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)

Thank you for listening

@woodfines

@MichelleOGarro

@Lorry_Lawyer

@ntaylorallkins

@WoodfinesMikeH