| Q: I understand that HGVs are required to have spray suppression equipment fitted and that, if a defect is identified during a roadside inspection, the driver and operator may face enforcement action, including fines and prohibitions. If spray suppression equipment is missing, can the vehicle still be driven to a repair facility?
A: Where a vehicle is missing spray suppression equipment, this would likely result in a delayed prohibition, as per DVSA’s categorisation of defects.
If the vehicle is being driven to a repair facility, any enforcement decision would ultimately be at the discretion of the inspecting officer. Factors such as the distance being travelled and whether there is evidence that the vehicle has been booked in for repair may be taken into consideration. Where there is no clear evidence of a planned repair, or the journey is considered excessive, a delayed prohibition would be more likely.
In addition, if the vehicle is deemed unsafe, for example where loose or damaged components could become detached, further enforcement action may be taken.
As a matter of best practice, vehicles should be repaired as soon as the defect is identified, ideally before continuing their journey. This helps maintain compliance, supports road safety, and reduces the risk of enforcement action.
Q: We have a driver that has received an SP30 whilst “off duty” driving their car. This was committed in May this year but discovered on our routine licence check in July. Could you please confirm we if would need to report this to the Traffic Commissioner’s office?
A: Yes. The conviction should be reported to the Traffic Commissioner, even though the offence occurred while the driver was using a private vehicle and was off duty.
Operators are required to notify the Traffic Commissioner of relevant convictions within 28 days of becoming aware of them. As the offence was identified sometime after it was committed, the Traffic Commissioner may seek clarification as to why the notification falls outside the usual reporting timescale. Maintaining accurate records and documenting when the conviction came to your attention will help demonstrate that appropriate checks and processes are in place.
Logistics UK has a Fact Sheet on notifying the Traffic Commissioner, which can be found here.
Q: One of our directors has heard that driver-facing or in-cab cameras may become a legal requirement for HGVs in the future. Is there any truth to this, and can you provide some clarification on the current position?
A: We are not aware of any plans for driver-facing or in-cab cameras to become a mandatory legal requirement for HGV operators. That said, the use of in-cab camera technology is becoming increasingly common across the industry. Many operators choose to install these systems to support safety, compliance, risk management, driver development, and insurance requirements.
Driver-facing cameras can also provide valuable evidence in the event of an incident or complaint. In situations where a driver is not at fault, footage may help establish the circumstances of the event and support the driver’s account, potentially protecting both the driver and operator from unwarranted claims or allegations.
As with any form of driver monitoring technology, operators should ensure that its use complies with data protection requirements and that drivers are informed about how any footage is collected, stored, and used.
Logistics UK has a Fact Sheet about cameras and data protection, which can be found here. |