There are a myriad of rules, regulations and undertakings that operator licence holders must comply with when operating goods vehicles or PSVs. A breach of any one of them can result in enforcement action by the DVSA (VOSA) and the Traffic Commissioner.
The most serious of the infringements are referred to by the Traffic Commissioner as the “Seven Deadly Sins”. Committing any one of these offences will result in serious regulatory action against your licence.
The 7 most serious offences:
- Exceeding weekly and fortnightly driving time limits by 25% or more or exceeding daily drive limits by 50% or more.
- Not having a tachograph fitted, creating false tachograph records, or interfering with the recording equipment.
- Operating dangerously unroadworthy and poorly maintained vehicles.
- Transporting dangerous goods in an unsafe manner, and failing to identify dangerous goods.
- Carrying passengers or goods without holding a valid driving licence.
- Driving with a fraudulently obtained driver card or using someone else’s card.
- Overloading vehicles by over 20%, or by over 25% if the vehicle is 12 tonnes or under.
If DVSA officers believe you have committed one of the offences listed above you may be interviewed under caution and face a Public inquiry in front of the Traffic Commissioner, where you could potentially face having your licence revoked.
A Public Inquiry can be fairly daunting. For this reason many operators instruct a transport lawyer to help them to prepare and present their case at the Inquiry. The Traffic Commissioner will want to know what steps you have taken to prevent a repeat of any of these offences. When deciding what regulatory action to take, considerations of road safety and unfair commercial advantage are will be foremost in their minds.
At Rothera Sharp, our experienced transport lawyers regularly assist transport operators during the course of DVSA investigations. We also represent operators at Public Inquiry hearings with the Traffic Commissioner. Speak to a transport lawyer today on 0115 910 6218 for a confidential free initial consultation.