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Ask the MAC – February 2023


Discover answers to questions frequently put to the Member Advice Centre.

STATUS SEEKERS

Does the DVA in Northern Ireland produce something like DVSA’s OCRS reports?

Within DVA, operators’ OCRS scores are computed solely based on enforcement compliance outcomes at the roadside. This serves to assist and inform enforcement officers to target vehicles used by operators who are more likely to offend. Scores are not available at present but are rather computed as a RED/AMBER/GREEN (RAG) status indicator via tablet devices.

Should an operator wish to find out their OCRS RAG status indicator they should email dvtaenforcements@infrastructure-ni.gov.uk quoting their operator licence number and requesting this information.  

HIT THE STRAPS

What is the background and methodology for safe and secure carriage of IBCs (intermediate bulk carriers) please?

Two straps, or a suitable restraint system, must be used to prevent the external frame being damaged, or else an immediate prohibition would be issued. DVSA adopted this policy following feedback from the industry and Health and Safety Executive. Evidence produced indicated that one strap in the centre of the IBC caused crushing of the frame and the straps to work loose. Two straps placed towards the edges of the frame prevents this.

A suitable restraint system would depend on the type of vehicle being used, but any lashings/strappings would need to be appropriately load rated and secured properly to lashing points to prevent movement in line with DVSA’s load security guidance.

ON THE BUTTON

One of our drivers also uses manual handling equipment (MHE) when working in the warehouse. Due to the positioning of the alert button when reversing, the driver is saying it is causing injury, and wants it moved so they do not have to turn around. What can we do?

The important element here is that the button has been mounted in such a position by the manufacturer to assist operatives when carrying out a reversing operation. By moving or adjusting this so that the operative is not facing the direction of travel, this could have large implications for the health and safety of others in the immediate vicinity. A full risk assessment would need to be undertaken with consideration for potential referrals to your occupational health provider for the operative in question if there is injury involved.

WILD CARD

We had an agency driver who had driven at the end of his shift without a card. The plan they had been given had them planned to night-out. But for some reason the driver decided to remove their card and continue to drive, thinking it would not be noticed. We have notified the agency but have concerns as drivers have been imprisoned for similar offences. Should we also notify the Office of the Traffic Commissioner?

As this has been caught and dealt with internally, there is no requirement to inform the Traffic Commissioner. The difference in this case to the drivers being imprisoned will have been that it was an external element that caught the driver, such as DVSA, with the resulting prosecution resulting in imprisonment.

Best practice would be to ensure that the agency is aware of this issue so that they may take any appropriate action in line with their policies.

A TESTING ISSUE

We have had someone apply for a driving job with our company. The applicant passed their category C test three months ago. On checking the licence, it says, ‘C unclaimed test pass.’ What does this mean? Can they drive with this on their record?

An ‘unclaimed test pass’ is where the driver has passed in the category the claim is against but has not yet sent off the certificate for this to be added to their licence. This should be done as soon as possible after the test. The driver has two years to claim the entitlement. If this does not happen, then the entitlement will be lost, and the driver would have to retake their theory and practical tests for this entitlement.

If they have the test pass certificate, they can drive as evidence of pass, but it may be worth taking a photocopy of this when they claim their licence pass, so you have a record to show if stopped by enforcement.

DIRTY PLATES

Following a recent gate check I noticed that some of my vehicles are quite dirty and on occasions the number plates are obscured by the dirt. Would the drivers face any sanctions for this offence?

The driver would not receive penalty points on their driving licence for an obscured registration plate. However, the offence is covered by Section 43 of the ‘Vehicles Excise and Registration Act 1994’ and the DVSA Enforcement Sanctions Policy guidance refers to a driver receiving a financial penalty of £100 for this offence.

The drivers should check that the registration numbers on the vehicles are clearly visible as part of the vehicle walk round check and periodically during their working day. This should also include obligatory lights, mirrors, and glass.

OFF-SITE PARKING

We would like to park one of our operator licence vehicles at another company’s yard. The owner has supplied us with authorisation to park one of our vehicles on their site. Would this give us permission to operate from this centre without applying for our own operating centre or does it give us a grace period until we apply for one?

Unfortunately, this does not give permission for you to park and operate from that operating centre. You would have to apply to the Traffic Commissioner, through the VOL (Vehicle Operator Licensing) system to use that centre as an operating centre. An advertisement would also have to be put into the local paper. If the operating centre is in a different traffic area, then you would have to apply for an operator’s licence in that traffic area. The authorisation from the owner only gives permission to use their site.

A WEIGHTY ISSUE

Can a vehicle that has a gross vehicle weight (GVW) of 32 tonnes enter an 18-tonne weight limit if the vehicle is empty and weighs 12 tonnes unladen?

No, the weight limit relates to potential weight not actual vehicle weight. Where this type of sign is displayed, it means that no vehicle with a ‘gross vehicle weight’ exceeding the displayed weight should pass this point. (The Highway Code - Traffic signs - Guidance - GOV.UK (www.gov.uk). This means that it is an offence to enter these roads/areas with a vehicle that has a gross vehicle weight exceeding the weight displayed on the sign. It references the maximum a vehicle can weigh when loaded not the unladen weight of the vehicle.

If, as this picture denotes, has a sign saying ‘Except for loading’ then the driver MUST have a delivery or collection note for an address on that road/street to access this road.

*www.logistics.org.uk/mac

Published On: 02/02/2023 16:00:25

 


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