Richard Turfitt, The Senior Traffic Commissioner, has issued
an updated version of the statutory document on driver conduct (Statutory document 6). This follows a consultation on proposed changes to how the traffic commissioners determine driver conduct issues.
The update follows a consultation on proposed changes to how the traffic commissioners determine driver conduct issues.
The changes include (among others):
- revised entry points with case examples (for instance route planning and bridge strikes)
- the approach to abusive behaviour towards officials
- determining cases when drivers fail to attend without notice
The other statutory documents (excluding number 13 - small public service vehicle operations) have also been updated.
Many of the changes relate to bringing the legal position up to date and incorporating recent key Upper Tribunal decisions.
The documents now also have hyperlinks included to improve navigation around the documents and to Upper Tribunal decisions as a result of previous feedback.
By way of summary, the most significant changes include:
- references added to withdrawal from EU
- the requirement for transport managers to exercise continuous and effective management further to Article 4
- an updated position on driver employment with reference to recent Upper Tribunal decisions
- references to Upper Tribunal decisions about representations made before a traffic commissioner decides whether to disqualify an operator or transport manager
- the inclusion of a decision on distinction between financial standing and financial resources and expansion of ‘technically available’
- further explanation around applications for periods of grace, including starting points
- an update to serious offence details around community orders and relevant convictions in line with legislative changes
- an expansion on bridge strikes/collisions with infrastructure with reference to Network Rail guidance
- reference to best practice guides including vehicle security, diesel spillages and safety recalls
- the inclusion of requirement for unique usage of VOL log-on details
- guidance on dissolved company rights and restoration to Companies House register