Earned Recognition incentives and transport manager training key topics at NW conference

The DVSA is looking at a range of options to make its Earned Recognition (ER) scheme for 'exemplar' operators more commercially attractive.

Speaking at the recent Invergold North West transport conference, DVSA head of Earned Recognition Phillip Breen said there would be a limited number of new authorised testing facilities (ATFs) given the go ahead in future and ER operators would be “at the front of the queue”.

The DfT is also considering a trial allowing ER operators to employ their own private inspectors to carry out annual tests of vehicles in ATF lanes.

Local authorities and large public sector procurement projects are also being urged to specify ER when tendering for transport contracts, a move that could set ER in competition with the privately run Fleet Operator Recognition Scheme (FORS). Many large procurement bodies including TfL already require operators to have FORS Silver and hauliers may have to choose which voluntary recognition scheme they see most benefit in joining.

The DVSA is also talking to the Office for the Traffic Commissioners about “fast tracking” applications from ER operators and insurance companies about discounts on premiums.

“If you can prove you are a consistently compliant operator why should you pay average insurance premiums?” asked Breen.

The DfT has asked the DVSA to add a counter terrorism module to the ER scheme and this will be in place “soon”.

“If you take that module you will be pre-approved for critical national infrastructure projects,” said Breen.

Carolyn Evans, founder of transport law practice CE Transport Law, told delegates that the traffic commissioners (TCs) were placing increasing emphasis on the role of the transport manager, and in the last TCs' annual report 105 transport managers were disqualified, up from 69 the previous year.

“I expect to see that number double again next year,” said Evans. “There is now an emphasis on ongoing training and although it is not a legal requirement the CPC should not be seen as a ticket for life.”

At present, although HGV drivers are required to undertake 35 hours approved Driver CPC training every five years, there is no equivalent requirement for transport managers to undergo continuous training to keep their CPC.

However, the latest TCs' guidance strongly recommends continuous professional development (CPD) for transport managers (TMs): “A two day transport manager CPC refresher course is a good starting point. This should be run by a trade association, a professional body or an approved exam centre offering the relevant transport manager CPC qualification.

“There is no set frequency. For TMs, traffic commissioners would expect CPD to have been undertaken every five years as a minimum.”

The TCs are also looking more closely at part-time TMs and how well they fulfil their duties. They would not expect an external TM to work for more than four operators running a maximum of 50 vehicles in total, Evans said.

“A TM must be a natural person not a limited company,” she warned. “They cannot do the job remotely – while it is possible with today's digital systems to monitor drivers' hours and vehicle periodic maintenance inspections from home, the TM needs to be there to talk to drivers at the end of their shifts.”

North West TC Simon Evans (pictured) echoed her comments, saying in 2018/19 he had held 234 public inquiries and disqualified 21 TMs. “One of the biggest compliance issues is the TM's failure to exercise continuous management,” he said. “That underlies almost every case.”

Evans recommended that TMs download the vehicle tachograph data at least monthly and the driver card at least weekly.

He then turned to the issue of self-employed drivers and warned operators they faced huge fines from HMRC if they were caught treating drivers who should be employed as self-employed.

“Being self-employed is not a lifestyle choice,” he said. “One key test is substitution – could a self-employed driver send someone else to do his shift? Would you be happy with that? I'm certainly not – you have no idea who that driver might be.”

He added: “HMRC believe the only true self-employed driver is an owner driver. They have imposed huge penalties on drivers and operators for employing bogus self-employed drivers.”