Ideally you need one signature from two different people; however, one person can sign both boxes. The first signature on a safety inspection report is generally the name of the inspector who has completed the work.
The second signature is a declaration, which DVSA’s Guide to maintaining roadworthiness exemplifies by stating:
“I consider that the above defects have been rectified satisfactorily and this vehicle is now in a safe and roadworthy condition.”
The second signature can be completed by a competent person such as a transport manager, technician or workshop manager. In all cases the Traffic Commissioner would like to see two signatures as this is an audit trail for your maintenance programme.
TRADE PLATE RULES TIGHTENED
We are a local authority and currently do not hold trade plates. We previously held plates (years and years ago), but the belief of our workshop manager is that we had to surrender the plates as local authorities were somehow prohibited from holding them. Would we be eligible to have plates which we would use for ‘vehicle testing’?
The rules regarding trade plates were tightened in 2017 and DVLA introduced new validation requirements for first applications and renewals.
The new requirements launched on 30 January 2017 for first applications have also applied to renewals since June 2017.
Since June 2017, existing trade licence holders are required to provide one of the following to support their application when renewing:
· a Companies House registration number which clearly demonstrates a link to a motor trade activity;
· a copy of the ‘motor trade’ insurance certificate, ensuring the name matches the applicant’s;
· a copy of the ‘public liability’ insurance certificate showing motor trade activity, ensuring the name matches the applicant’s.
If DVLA does not receive one of these validation documents, it will reject the application and return it unprocessed. If the garage is a separate entity with its own identity at Companies House, then it should be able to argue for replacement plates. Unfortunately, if they can’t prove that they are maintaining third party vehicles, ie those in their temporary possession, then DVLA will not issue the plates.
EARN WHILE YOU LEARN
The company has decided to run a CPC course and has told the drivers that it is already paid for and that they should attend. Would this count towards their working time?
This would come down to whether the drivers are under instruction. For drivers who are attending CPC training courses under instruction, this time does count towards their working time.
If the drivers are attending the training course under their own volition and are not under instruction to attend, this time does not have to count towards working time.
HGV NOT PULLING ITS WEIGHT
We have received a notice of intended prosecution about one of our 26t vehicles using a road with an 18t weight limit restriction. At the time the vehicle was unladen and would have weighed far less than 18t. Can we appeal this?
Where the 18t weight limit restriction is inside a red circle, this is known as a prohibitive sign. These signs give a command and must be obeyed. The 18t weight limit relates to the maximum authorised mass (MAM), or gross weight of the vehicle (GVW), immaterial of its actual weight. If the sign had a plate underneath that stated ‘except for access’ or ‘except for empty vehicles’ and you could show evidence of your vehicle’s compliance, then you could appeal the notice. Failing this, operating the vehicle would be a breach of the relevant traffic order for that road.
FUEL FOR THOUGHT
We have a driver that is using a vehicle fitted with a 3,000 litre IBC that is carrying diesel to refuel plant vehicles on private land. Would driver awareness training suffice?
Unfortunately, the Scope of ADR does not differentiate between public and private areas. The driver would have to hold a full ADR certificate. Under regulation 1.3.1 Scope and applicability,
Persons employed by the participants referred to in Chapter 1.4, whose duties concern the carriage of dangerous goods, shall be trained in the requirements governing the carriage of such goods appropriate to their responsibilities and duties. Employees shall be trained in accordance with 1.3.2 before assuming responsibilities and shall only perform functions, for which required training has not yet been provided, under the direct supervision of a trained person. Training requirements specific to security of dangerous goods in Chapter 1.10 shall also be addressed.
SEEING RED
We have just received our OCRS (operator compliance risk score), and it is saying that we are in the red, but we have just had a clear score at a roadside check and a pass at the ATF. How can this be right?
The OCRS is used to calculate the risk of an operator that is not complying with the rules on roadworthiness (the condition of its vehicles) and traffic, for example drivers’ hours or weighing checks site visits and desk top assessments. When a vehicle is stopped or visits an ATF it would be awarded an ‘event score’, then at this event if a fault or infringement is found it is given a score ie, 50-200 points. These are then added to your total score and divided by the number of events, and this will give you an overall score. The impact of the offence or defect decreases over the three-year period. For the first 12 months after the offence or defect, its score stays the same. After 12 months it falls by a quarter and then it is halved in the final 12 months.
You can also move up and down the scale through no fault of your own. This could simply be the result of not being stopped at the roadside and/or not presenting many vehicles for annual test. Other operators that regularly have stops that for instance are in the red band and have a clean stop will move up the list. Operators that have not had an event will move down the list.
MARKING TIME
Are we allowed to keep our tachograph, working time and vehicle maintenance records at a location other than the operating centre?
Yes. There is no place specified in the regulations or operator’s licence conditions for these records to be kept. However, you must be able to produce such records for any enforcement officer within a reasonable amount of time. Tachograph charts must be retained for at least 12 months, working time records for two years (following the period in question) and vehicle maintenance records for at least 15 months.
MAINTAINING STANDARDS
We use a vehicle maintenance contractor, who regularly delivers and collects our vehicles, including passenger carrying vehicles, to and from our site to their maintenance garage. However, they have expressed that their employee can drive a Category D vehicle on their HGV licence if there are no passengers on board at the time of driving. Is this correct?
There has previously been a concession for holders of a category C licence to be able to drive a category D (passenger carrying) vehicle. But only provided the entitlement had been held for at least two years, that the vehicle was either defective or damaged and being driven to a place of repair or on a road test following a repair or inspection. Plus, no passengers were carried that were unconnected with such work. The Third EU Driving Licence Directive removed this concession completely.
A consultation has been sought to reinstate this concession which will allow for a driver holding category C entitlement for two years to drive PCVs for maintenance and repair purposes. This closed on the 28 October 2022. Logistics UK is awaiting detail of the findings.
A TESTING WEEK
If a vehicle’s MOT and six-weekly inspections are due in the same ISO week, can we count the MOT as the PMI?
The PMI will still need to be conducted, even if it was MOT’d, or the MOT is due, in the same ISO week.
The annual test is essentially the minimum safety standards the vehicle must meet to be considered roadworthy and only takes account of the vehicle’s condition on the day it is presented. The annual test could also be used as a quality check against your maintenance standards.
The Guide to maintaining roadworthiness states:
“Vehicles that are subject to a statutory annual test may have their year’s programme planned around the anticipated test date to avoid duplication of work associated with the test, such as cleaning and major servicing.”
It will be an undertaking of your operator’s licence to inspect the vehicles at the stated intervals eg, every six weeks, and the MOT will not count as a PMI.
FINE PRINT
One of our drivers is currently having to do two vehicle print outs, one at the start of their shift and one at the end of the shift until he gets his replacement card (card was faulty). The driver wants to know the reason for taking the first print out since all the information is on the printout at the end of each day.
If the driver card is damaged, malfunctions or is lost or stolen the driver must print out, at the start and end of their day to show the amount of time (rest) between shifts. They must also record on each print out sufficient detail to enable them to be identified, for example the driver card number and/or name and/or driving licence number. The driver must also sign the print out.
*www.logistics.org.uk/mac
