The RHA is also calling for VOSA to consider the impact on an operator’s OCRS Score in each case where action has been taken recently, and for Traffic Commissioners to look sympathetically on both drivers and operators records should these matters be drawn to their attention.

RHA Chief Executive, Geoff Dunning, said today: “We accept that custom and practice in the industry appears to have fallen behind best practice standards, with customers often insisting on loading practices that do not stand up to recent Health and Safety guidance. It is unreasonable to embark on a new enforcement approach without an agreement across interested parties about a way forward, and the industry being given reasonable notice of the arrangements that they are expected to establish. The RHA is working with

HSE and others to establish a new standard, and we hope to reach agreement soon. In the meantime, we hope that enforcement organisations will be flexible in their approach”

Since 28 May 2009 Graduated Fixed Penalties have been issued by VOSA examiners and those drivers that fail to confirm a satisfactory address within the UK are required to pay the penalty ‘on the spot’.

The rules are part of a wider scheme and depending on the severity of the offence a one off deposit requirement of between £300 and £900 can also be issued. Since the scheme was launched it has generated nearly £ 3.5million.

The number of fixed penalties issued to UK drivers is more than 11,500 and to foreign drivers nearly 22,000.

VOSA Sanctions Manager, Karen Farr said: “The introduction of graduated fixed penalties and deposits has strengthened VOSA’s enforcement capabilities. This has meant that not only has the scheme provided an effective sanction for dealing with offending foreign drivers, but has also proved to be a valuable deterrent to all drivers regardless of nationality.”

“We have already seen increases in compliance for certain offences now that drivers are aware that we are serious about tackling road safety.”

Payment will only be accepted in sterling or using a chip and pin card. Euros will not be accepted. UK drivers will have the usual 28 days to pay the fine or if they choose not to accept the fixed penalty have the case heard in court.

The information, held by the Vehicle and Operator Services Agency (VOSA), will be put on the website www.data.gov.uk which is designed to enable people outside of Government to make use of public data.

The details being published are:

• Trading Name

• Address

• Contact Telephone No

• Classes of vehicles tested

• Vehicle Test Station number

VOSA says it will make MOT stations and MOT data more readily available so that complying with road laws becomes easier for motorists.

In January, the agency published a summary of vehicle make/model MOT failure rates on the website.

Bosses of Flixborough-based Intake Transport pleaded guilty to 30 offences of driver’s exceeding legal daily driving periods and not taking the necessary rest.

They were sentenced at Scunthorpe Magistrates court on Monday (17 May) where the firm was fined £500 for each offence and ordered to pay a further £30,000 towards prosecution costs.

Two of the firm’s drivers appeared at court and pleaded guilty to creating false drivers hours records.

Fines were also handed out to six further employees for driving for too long and not taking proper rests. The drivers were fined a total of £3,290 including costs and victims surcharge.

It follows an18-month investigation by government road safety agency Vehicle and Operator Services Agency (VOSA). Examiners from VOSA began looking at the companies records in December 2008 and discovered that it had been ignoring the regulations which protect the safety of the drivers and other road users.

Alex Fiddes, VOSA Chief Operating Officer said:“Tired drivers run the risk of causing serious or fatal accidents. This case shows what a dim view the courts take of drivers and operators who abuse driver’s hours rules and don’t take proper rests.

VOSA is determined to find and prosecute those people who endanger the lives of other road users in this way.”

Intake Transport will now face a public inquiry before the Traffic Commissioner where it could have its licence to operate revoked.

The information, held by the Vehicle and Operator Services Agency (VOSA), will be put on the website www.data.gov.uk which is designed to enable people outside of Government to make use of public data.

The details being published are:

Trading Name
Address
Contact Telephone No
Classes of vehicles tested
Vehicle Test Station number

VOSA says it will make MOT stations and MOT data more readily available so that complying with road laws becomes easier for motorists.

The positive meeting moved forward discussions that will see DfT actively promoting the positive benefits of Code subscription to VOSA garages.

Recognised as the UK’s largest consumer code for motorists, and backed by the Office of Fair Trading, Motor Codes plans to expand its subscriber base to include MOT testing stations as part of VOSA’s requirements for these businesses.

The Motor Codes team demonstrated to Mr Clark its capability to extend the self-regulatory Code of Practice to the entire service and repair industry, enhancing and maintaining standards across the sector. This latest meeting builds on earlier DfT encouragement of MOT centres to subscribe to the  Code to identify themselves as trustworthy businesses.

“We are proud of the high levels of support that Motor Codes has gained from various government departments, consumer groups and industry,” said Chris Mason, Motor Codes director. “As discussed today with the DfT, our plans for this year focus on recruiting MOT service stations and demonstrating to them how the Service and Repair Code can enhance their good customer service image, complementing the high standards set by VOSA.”

Only last week, IAAF Garage chairman Jonas Zambakides sang the praises of Motor Codes. He said that the whole service and repair industry could benefit from the improved reputation that Code subscription offers and went on to say that the sector had been “crying out for a reliable and cost effective means of self-regulation” – now offered by Motor Codes.

Motor Codes will soon announce the regional winners of its Golden Garages competition. The national hunt for the best service and repair centre in Britain has generated in excess of 6,600 public nominations at www.goldengarages.co.uk. The national Golden Garage will be named on 6 April.

Following a ten week investigation by the VOSA Eastern Region investigations team, Coach Operator, EPI Coaches Ltd were found guilty of 63 drivers’ hours offences at Croydon Magistrates Court.

On Monday 25 January the court imposed a fine of £217,500 and ordered the company to pay VOSA’s costs of £37,065.

EPI Coaches Ltd were initially investigated by VOSA last June in to the apparent abuse of EC drivers’ hours regulations. Multiple offences concerning failure to take adequate rest and other tachograph abuses were found.

The company were offered the opportunity to be interviewed by VOSA several times but failed to attend.

Alex Fiddes Operations Director for VOSA said: “This is a substantial fine and should send a strong message to the Public Service Vehicle industry.

Tired drivers are dangerous drivers. This case really highlights the consequences of breaching drivers’ hours regulations.

VOSA are dedicated to improving road safety and a large proportion of that is ensuring drivers are adhering to the rules set in place.”

Tony Khan, aged 52 was the sole director of EPI Coaches at the time of the court case which was authorised to use 20 vehicles.

The case against eleven drivers who worked for the company has been adjourned until 16 February 2010.

However, foreign trucks operating on UK roads, are not as well maintained, according to VOSA figures.

Roadside prohibitions rose by 1,800 last year. And in the year to the end of March 2009 the number of UK roadside checks on foreign-registered trucks and trailers rocketed, with prohibitions up almost 10,000 to 24,493.

The Vehicle and Operator Services Agency (VOSA), The Highways Agency, Transport Scotland and Traffic Wales have all signed up to the government backed Road Safety Action Plan and will combine on various initiatives to target rogue haulage operations.

HGVs account for about four per cent of road traffic accidents in the UK, but they had a “disproportionate impact” on the subsequent congestion, causing 20 per cent of all incident-related congestion.

The FTA has been strongly critical of VOSA’s plans to close test centres without having any viable alternatives in place.  In the past few months alone, three centres have been closed, leaving commercial vehicle operators high and dry and with no alternative but to travel some distance to fulfil their legal duty.

Peter Staines, Vice Chairman of the FTA’s Road Freight Council and member of the South East England Freight Council, said: “If I change my maintenance arrangements for my fleet I need to get the Traffic Commissioner’s nod that they are ok.  By closing test stations, VOSA is changing the arrangements for annual testing on hundreds of operators so why not get the Traffic Commissioners to check that the alternative arrangements offered by VOSA will not jeopardise road safety and operating practices?”

This year VOSA has closed three test centres, in Cornwall, Cheshire and Wales, with a fourth schedule

d for closure in West Yorkshire, early next year.  The seemingly random closures have made it more expensive and difficult for hauliers to find suitable testing facilities, adding pressure to an already fully-stretched system of testing.
James Hookham, FTA’s Managing Director of Policy and Communications, concluded:

“The bottom line is road safety, and, especially in this heavy recession, we should not be making it harder and more expensive for honest, compliant operators to meet their roadworthiness commitments.”

The Judge at Ipswich Crown Court heard from prosecuting Barrister, Miles Bennett how the son had allowed his name to be used on tachograph record sheets to hide excess driving and insufficient rest.

Father, Colin Linder was sentenced to six months in prison after knowingly making 20 false records and disqualified from driving for 12 months. His son Sean Newson, also the CPC holder was sentenced to four months for knowingly falsifying 16 tachograph records due to, as the Judge described “misguided loyalty towards his father”.

The Judge at Ipswich Crown Court has sent a clear message out to the industry – drivers who allow their names to be used on tachographs records by others will face a custodial sentence.

Alex Fiddes, Chief Operating Officer for VOSA said: ‘’This case highlights the severity of fraudulent records. ‘’We are dedicated in improving road safety and a large proportion of that is ensuring drivers are adhering to the rules. We take falsification of tachograph records extremely seriously. As this case has proved it can result in a prison sentence.”

No costs were incurred by either perpetrator due to their financial circumstances.

Kevin Reid, the investigating VOSA Traffic Examiner has been awarded a Judges Commendation for his diligence in the case.

The European Commission have taken advantage of this opportunity by organising a conference to coincide with the 10th anniversary, which will see representatives ranging from Directors to Examiners working side by side for two days.

The conference will include a roadside check and interactive workshops, with the emphasis being placed on cargo securing and roadside technical checks. VOSA have been invited to speak on the subject of technical checks, an area in which many countries recognise VOSA’s expertise.

A great deal of work has been undertaken since ECR was created in 1999. ECR now boasts fourteen member states, bound by an Administrative Arrangement signed by the Transport Ministers from each country, and six observers. The ultimate objective of ECR continues to be the improvement of safety on European roads by harmonisation.

VOSA continues to take the lead in Europe in many ways. The agency  hosted the pilot European enforcement conference at a management level in September 2008. The pilot was successful, and Euro Controle Route has confirmed that they will continue to support this type of work. Managers will have the chance to take part in a similar conference in the Netherlands later this year.

Commenting, RHA Head of Communications Kate Gibbs said: “Of course we support the intention of bringing vehicle testing closer to operators and improving the flexibility of testing hours but we fear that these benefits may fail to materialise in practice.”

“Change is inevitable and we appreciate VOSA’s efforts to engage with the industry. However, we are concerned that these efforts have not gone far enough to ensure that the service to hauliers will not be compromised either in terms of cost or site availability.”

At the request of the RHA’s Midlands and Western Regional Director, Mike Farmer, VOSA recently called a meeting attended by 85 operators at which they revealed that the site had been sold to a leading supermarket chain and was part of the transformation of testing. This includes moving testing from VOSA sites (the majority of which will face closure) to a new system of contracted sites; Authorised Testing Facilities (ATFs).

Despite the fact that the Llandrindod Wells testing station is due to close in three days time, as yet there is still no agreement with a local ATF provider. In addition, it seems unlikely that any local firm entering into such a contract would be capable of taking large articulated trucks or would be prepared to commit to such an undertaking due, in no small part, to the financial investment needed..

“Hauliers are already facing uncertain future and this represents an additional worry that they can well do without,” Gibbs concluded.

HGV and PSV test fees are affected by:

* The removal of supplements paid for testing at non-VOSA premises leading to small increase in fees for tests at VOSA premises;

* The final transfer of enforcement costs from operator licence fees to test fees – the operator licence fees affected are being abolished by the end on 2009/10;

*  Increasing weekday core hours in which no out of hours supplements are payable

* Removal of supplements paid for reduced pollution certificate at non-VOSA premises

The proposed changes also include refunds to be made of advance payments of operator licence fees, which are being abolished.

VOSA is asking stakeholders for views on the changes.

Chief Executive Alastair Peoples said:  “VOSA plays a vital role in improving road safety, ensuring that buses and trucks are safe to drive on our roads, and our proposed changes will improve the service we offer.”

“These changes will save operators time and money by removing certain supplements and reducing administrative burdens by replacing two separate fees with one, fairer charge.”

“Improved test delivery will, over time, allow operators to save hundreds of pounds of lost earnings per vehicle each year.”

The consultation will until 14 October 2009 and is available here:

VOSA’s Merseyside and Cheshire Area Manager, Geoffrey Whitley said: “Our objective is to save lives, improve road safety, reduce vehicle related crime and protect the environment. We have sophisticated targeting systems, including ANPR at our disposal and whilst compliant goods vehicle and passenger carrying vehicle drivers have nothing to fear, those who flout the rules relating to road transport face immediate financial penalties and even immobilisation.”

In the first month of operations, enforcement action has been taken against at least 250 drivers for a variety of offences relating to vehicle condition, overloading or apparent failure to comply with the rules governing drivers’ hours and tachographs. The Police also made several arrests.

A VOSA spokesperson said it welcomed the report, which “highlights the valuable enforcement work” carried out by the agency.

The spokesperson said the agency had already made  “significant progress” in some of the areas mentioned in the report and had introduced new enforcement powers enabling examiners to issue on the spot financial penalties to drivers from the UK and abroad.

“Enforcement against foreign trucks is highlighted as a key issue. Foreign trucks are eight times more likely to be involved in a killed or serious injury (KSI) accident and three times more likely to be breaking haulage rules.”

“The committee is right to welcome progress and to urge that this effort is further intensified,” said RHA Director of Policy Jack Semple.

“Let’s be clear. We are not being xenophobic on this, nor are we tarring all drivers and all hauliers from abroad with the same brush. The report comes against a background in which there has been a complete imbalance in enforcement between UK and foreign trucks. Drivers from abroad have had an open invitation to break the law in this country because, until May 1st thisyear, there was in effect no penalty that could be imposed upon them unless they killed or were in a serious crash. The penalty and enforcement regime has gone some way to redressing that but we need to go further.

“We welcome the committee’s comments and recommendations on the Operator Compliance Risk Score. The RHA has long supported OCRS as a targeting tool for VOSA but expressed concerns over its limitations and use by third parties,” Semple said.

Unsafe vehicles, often foreign registered lorries, cost lives. VOSA must have access to ports to prevent dangerous vehicles from entering the country. Licensing rules for buses and coaches should also be tightened, says the Transport Select Committee in its latest report.

In its report on the enforcement activities VOSA MPs also calls for VOSA to be given IT systems and better information sharing arrangements with other agencies, such as HRMC.

Launching the report, Committee Chairman Louise Ellman said: “Britain has some of the safest roads in Europe but more must be done to ensure compliance with our safety standards for lorries, buses and coaches. VOSA is recognised as a model of best practice and a leader within Europe but it lacks sufficient access to our ports to inspect vehicles and drivers effectively.

“The work of VOSA is also hampered by some of the data sharing regulations. It is clear that with many unsafe foreign registered lorries and drivers entering the UK, it is crucial that VOSA can share information with colleagues in other European countries to bring cowboy operators to book. Better arrangements are needed so that the tracking methods used so effectively to nail non-compliant British vehicles can be employed to target foreign registered lorries and coaches also,” adds Louise Ellman.

With regard to UK vehicles, the committee calls for the Government to close loopholes in PSV licensing arrangements so that bus companies are barred from operating unfit vehicles by transferring licenses between vehicles.

MPs also recommend that the task of assisting the Traffic Commissioners in monitoring punctuality and (bus) service reliability to be transferred away from VOSA and passed to local Integrated Transport Authorities.

In addition, the Committee warns against privatising the entire network of safety testing centres for HGVs / PSVs on the basis this could significantly reduce access to testing, particularly in more remote areas of the country.

The Vehicle and Operator Services Agency (VOSA) has recently introduced a £200 fixed penalty fine for the use of low-loader trailers behind tow vehicles without a tachograph. This is being implemented by traffic enforcement officers at the roadside.

Dealers could be caught out if they believe that their tow vehicle is too light to require a tachograph. The law states that a tow vehicle can have a gross vehicle weight (GVW) up to 3500kgs without a tachograph being required. However these vehicles will have a gross combination weight (GCW) in excess of 3500kg when towing a trailer. Therefore the tow vehicle has to be fitted and operated with a tachograph. This regulation also covers heavy 4×4 cars as well as commercial vehicles that are towing trailers.

The law on the use of tachographs for vehicles with a GVW/GCW over 3500 kgs in weight has been operational for many years but it is only recently been enforced since the implementation of VOSA’s fixed-penalty regime in May this year.

RMIF Director Sue Robinson commented: ‘A number of dealers have already been fined for operating their low-loader trailers without a tachograph fitted or used in the tow vehicle. To avoid incurring a fine, dealers should consider the fitting of a tachograph on any tow vehicle that is likely to be used in combination with a low-loader.’

The test station is due to close on September 25, but local hauliers want the decision delayed until another site is found in the town.

Local hauliers are furious over the closure and say they will have to travel to Hereford, Shrewsbury or Llanrhystud, near Aberystwyth, to have their vehicles tested.

Under the plan, testing will be moved from VOSA sites, most of which willclose, to a new system of contracted sites, or ATFs (Authorised Testing Facilities).

The RHA says it supports the stated aims of bringing testing closer to hauliers and improving the flexibility of testing hours but has fears that these benefits may fail to materialise in practice.

RHA concerns fall into three categories: the viability and the desirability of the ATF programme; the absence of clear guidelines on availability of minimum service going forward; the quality and consistency of the engagement process with stakeholders throughout the out-sourcing review and ATF project.

Issues have been brought to a head by the announcement that the VOSA test site in Llandrindod Wells, mid-Wales, will close on September 25.

At the request of RHA regional director Mike Farmer, VOSA called a meeting with operators in the area last Wednesday evening. At that meeting, VOSA revealed that the site had been sold to a leading supermarket chain and was part of the transformation of testing.

VOSA conceded that there were discussions but as yet no agreement with a local ATF provider; and that any local firm that did enter into an ATF contract was unlikely to be capable of taking large articulated trucks. Artics would have to travel at least 40 miles to the nearest test site, VOSA said.

The reaction from the 85 hauliers who attended the meeting was strongly negative, and the fears expressed mirrored closely those that have been stressed by the RHA in meetings with VOSA and the Department for Transport.

Strong representations have been made by the RHA to VOSA and the DfT in meetings on the ATF system that have been held on the basis of confidentiality. One point, which emerged just one month ago, was the intention to allow ATFs capable of testing only rigid trucks. “We opposed this measure as introducing further uncertainty and risk to full-range ATFs, with consequential risk to hauliers with artics, and the Welsh closure adds strength to our argument”, said RHA Director of Policy Jack Semple.

The RHA is seeking an urgent meeting with senior DfT officials. “Change at VOSA is inevitable and we appreciate the efforts being made to engage with the industry. Our concerns are that these have not gone far enough or been early enough; that the policy has not been adequately thought through; and that, despite assurances, the service to hauliers will be compromised in terms of cost and site availability,” concluded Jack Semple.

Earlier this year police mounted a number of high profile multi-agency checks targeting operators that consistently flouted the law.

The checkpoints were mounted in the wake of information received from the Vehicle and Operator Services Agency (VOSA), which claimed that Irish hauliers were among the most frequent offenders in terms of road safety.

Staff based at Llandrindod Wells will transfer to neighbouring sites to carry out tests and VOSA will ensure that customers affected by the closure are kept informed and will assist them in making future test bookings at alternative locations. A customer seminar is being held on 15 July in Llandrindod Wells to discuss the closure and future plans for testing in the area.

VOSA has already announced the closure of 3 test stations and a further 10 test lanes across the country.

Alex Fiddes said “VOSA’s plans for a modernised service include refreshing the current Designated Premises network with the creation of Authorised Testing Facilities (ATF) run by private companies such as operators and maintenance providers. VOSA staff will continue to provide independent, regulated tests for the ATFs.

“We want to provide a modernised, more efficient service for our customers.  VOSA has been working with operators and maintenance providers for some time to offer testing at designated premises with great success.  Taking our services to the customer reduces the amount of vehicle downtime and, as a result, is more economical for operators. This closure is part of a programme looking at transforming VOSA’s testing operations.  VOSA will continue to discuss proposals for change with the trade and its customers.

Alex Fiddes added: “VOSA has a strong vision of transformed testing that will be delivered by expert staff closer to the point of operation and maintenance. It’s a vision that supports our aim of saving lives on Britain’s roads.”

The new tests will be carried out on HGV’s and public service vehicles equipped with Euro 4 engines or better from 1 July.

VOSA says the engine will go through a standard test cycle during the annual test. Euro 4 engines usually easily meet the new standards, but if the smoke level falls short of the requirements then a smoke opacity test will ibe carried out.

VOSA has been in consultation with stakeholders about the new tests and carried out tests at a number of VOSA stations.

Some 30 HGVs were stopped and inspected at Leatherhead last Thursday, June 4, and a series of on the spot fines were handed out including five immediate and two delayed mechanical prohibitions, five prohibitions for overloaded vehicles and one prohibition for a drivers’ hours offence.

Agency officials handed out nine deposit notices for various offences to the value of £880, while an imobiliser was fitted to a Bulgarian vehicle whose driver failed to make a payment of £260 for a tyre bulge and overload.