When it comes to operator licence compliance, timing is everything. If issues have been identified, the best time to act is immediately. Waiting until a Traffic Commissioner's Public Inquiry or hoping things will resolve on their own is a risky strategy that rarely ends well.
Transport Solicitor Georgina Power explains why operators should never delay when compliance issues have been identified, and how taking swift, effective action can make all the difference.
The legal foundation: what the Upper Tribunal says
The importance of swift action was made crystal clear in the Upper Tribunal's decision in 2013/82 Arnold Transport & Sons Limited v DOENI (PDF). The Tribunal stated:
"The attitude of an operator when something goes wrong can be very instructive... prompt and effective action is likely to be given greater weight than untested promises to put matters right in the future."
This isn't just legal commentary. It's a roadmap for how operators should respond when things go wrong.
Common compliance failures and what to do immediately
Let's break down some of the most common compliance issues and the immediate steps you should take:
1. Prohibition Notices Issued
- Action: investigate the cause immediately
- Next steps: Report the prohibition to the Office of the Traffic Commissioner along with your investigation findings and a clear plan of how you will prevent a reoccurrence
2. DVSA maintenance or Traffic Investigations
- Action: don't wait for the report, begin to address any shortcomings found straightaway
- Next steps: Consider booking a full compliance audit with a DVSA Earned Recognition auditor to identify any other areas of non-compliance
3. MOT failures
- Action: Speak with your maintenance provider, find out the cause
- Next steps: Document the steps taken and the reasons for the failure along with any changes to your maintenance processes to prevent future failures
Proactive measures that make a difference
Taking action isn't just about fixing what's broken. It's about showing that you're serious about compliance. Here are some proactive steps that can make a real difference:
Book a compliance audit
An independent review can uncover issues you might miss internally.
Audit your maintenance provider
Checks should be made on the quality of the inspections and the repairs being carried out.
Invest in driver training
If training gaps contributed to the issue, address them immediately.
These actions demonstrate a commitment to improvement and can significantly influence how your case is viewed.
The Public Inquiry timeline: a window of opportunity
It often takes several months from the time of a DVSA investigation or serious compliance issue to be called to a Public Inquiry or Preliminary Hearing. This delay is your opportunity to get your house in order.
Operators are usually required to submit compliance documents covering the previous 3–6 months. If those records are clean and show no trace of the earlier issues, you're in a much stronger position. Make sure your records tell the right story.
The four types of operators: which one are you?
The Upper Tribunal in the case above identified four types of operators:
- Those who recognise the problem at once and take immediate and effective steps to put matters right
- Those who only begin to act just before the Public Inquiry
- Those who come to the Inquiry with promises of future action
- Those who wait to be told what to do at the Inquiry
You want to be in group one.
That's the group that shows leadership, responsibility, and a genuine commitment to compliance.
If operator licence compliance issues have been identified in your business, don't delay. The longer you wait, the harder it becomes to demonstrate that you're taking the matter seriously.
Contact our Transport Law team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
This blog originally appeared on specialist road transport website: Keep Me On The Road.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
