A traffic commissioner may proceed with an inquiry in the absence of any person entitled to appear if the traffic commissioner is satisfied that it is fair to do so, proper notice having been given. On an application if the applicant fails to meet the statutory requirement of professional competence it will fail to obtain a licence. By Larry SpearsListening - Traditionally, leaders have been valued for their communication and decision making skills. The presiding traffic commissioner retains absolute discretion to move up or down from the suggested starting points. In some cases, applicants are only able to demonstrate the availability of finances by way of a closing balance. If you or the teams you are a part of consistently achieve good results, then you are making decisions well. The Transport Tribunal expressly dissented from the proposition that a traffic commissioner must invariably set out all the criteria that they have considered, as each case turns on its own facts. You may need to download version 2.0 now from the Chrome Web Store. Inaccurate submissions may affect the fairness of the process and result in a procedural irregularity 2014/071 W. Martin Oliver Partnership. Your IP: 103.227.62.93 First, to ensure that the algorithm is used as per the function and objectives stated in Principle 1. See decisions in NT/2017/027 Easy Go Transport Ltd, 2016/003 Ian Lambert trading as IKL Transport,2015/072 Rose Transport Ltd, Jacqueline Walters and Gilchrist Walters, 2015/068 Malcolm George Millard trading as M&M Haulage, and 2004/439 Surrey CC v Ripley. In determining an application the traffic commissioner must be satisfied that all of the requirements are met. False. Per 2009/225 Priority Freight Ltd & Paul Williams, limited weight may be attached to untested promises – also see 2013/057 T Henderson Transport Ltd, NT/2013/082 Arnold Transport & Sons Ltd. Any such finding shall be duly reasoned and justified. When considering whether the mandatory requirements are met the traffic commissioner may only make an adverse finding if there is sufficient evidence to satisfy him or her on the balance of probabilities (whether a fact is more likely than not). For example, did the operator respond quickly and was it positive? On the other hand, it does not follow that a traffic commissioner is prevented from taking into account, where appropriate, some considerations of a disciplinary nature and doing so in particular for the purpose of deterring the operator or other persons from failing to carry out their responsibilities under the legislation. A more detailed examination of the case law as it applies to the repute of transport managers is set out in the relevant Statutory Guidance and Statutory Directions on Transport Managers. Be plugged in with the body of believers. Each application must be dealt with on its own facts. Did the operator co-operate with the DVSA investigation? Traffic commissioners will note that a case that may appear to be very serious from an initial reading of the brief can in fact turn out not to require severe regulatory action once all the evidence and submissions has been heard and conversely that a case that initially appears not to be serious can then in fact require severe regulatory action. (6A) The traffic commissioner by whom any order disqualifying a person was made under subsection (1) above may at any time—. These applicants can offer an undertaking to submit further financial evidence within 6 months of grant showing that on an average the requirement is met. The level of infringements against the provisions shall reflect the risk categories provided in Annex II to Directive 2004/112/EC, in such a way that risk category I = VSI (except those infringements which are already defined as MSI in Annex IV to Regulation (EC) No 1071/2009); risk category II = SI. Operators are usually provided with an opportunity to comment in response to the findings of a DVSA investigation. Welingkar’s Distance Learning Division CHAPTER-06 DECISION-MAKING We Learn – A Continuous Learning Forum 2. By definition, decisions involve uncertainty, ie, the likelihood and impact of possible outcomes cannot be totally predicted, and no particular outcome can be guaranteed. Carrying goods exceeding the maximum permissible laden mass by 20% or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25% or more for vehicles the permissible laden weight of which does not exceed 12 tonnes. The operator’s licence is granted on acceptance by the applicant of certain restrictions and requirements. A multiple licence holder may face regulatory action against one or more of its operator licences, and any determination which is made may only relate to those operators’ licences which fall to be considered by the traffic commissioner (see Statutory Guidance on Delegations and Multiple Licence Holders). On the standard of proof, the House of Lords has cited with approval the proposition that “the more serious the allegation the more cogent is the evidence required to overcome the unlikelihood of what is alleged and thus to prove it” (see Re Dellow’s Will Trusts [1964] 1 WLR 451 at p455 as approved in Re H and R [1995] UKHL 16 and Re L (1996)(1) FLR116). They will need to demonstrate the steps they have taken since the incident to equip themselves with the range of knowledge to implement satisfactory arrangements. Checklist - 10 Principles for Value-based Decision Making 1. These are as follows, 1. The operator must be notified and should be given a limited time (because of the implications for fair competition), for instance 14 days, to make written representations before the traffic commissioner decides whether to allow time for rectification and for what period. Paragraph 16(2) of Schedule 3 of the Goods Vehicles (Licensing of Operators) Act 1995 provides that where a traffic commissioner determines that the transport manager is no longer of good repute the traffic commissioner must order the disqualification of that transport manager but paragraph 17 allows the traffic commissioner to cancel or (with the consent of the disqualified person) to vary the order and to specify measures with which the disqualified person must comply before the order can be cancelled or varied. (b) notwithstanding section 5(4)(b), no other operator’s licence held by the person in question shall authorise the use by him of any vehicle at a time when its operating centre is in a traffic area in respect of which he is disqualified by virtue of the order. Having balanced the evidence heard at a public inquiry, and the negative and positive features that are present, a traffic commissioner should be able to arrive at a starting point within one of the four broad categories of regulatory action. A satisfactory reply might result in a recommendation for an alternative disposal to a public inquiry. Principles of Biblical Decision Making 2 In the context of this paper, we refer to godly wisdom as applying the mind of Christ (1 Cor. In the event that the operator fails, without good reason, to respond to the meeting invitation, the senior member of staff must refer the case back to the traffic commissioner forthwith, with a recommendation that the operator be called to public inquiry. What is more important to this jurisdiction is how the operator approaches the management of risk both generally and with regard to the authorised fleet, reflecting Parliament’s intent that the licensing system deliver road safety and fair competition through consistent application of the licence requirements. Learn more. Decision-Making: Technique # 10. Where there are no regulatory concerns the caseworker should recommend grant however where there is history of opposition at the site further detailed consideration will be required. In cases of deception traffic commissioners are entitled to ask: would other operators who have heard of this ruse consider the perpetrator to be of good repute (see 1996/H46 Mark Anthony Browne trading as Brownes Transport Appeal, as approved in 2002/009 George Gollop and Direct Movement Services Ltd). There may be cases in which the seriousness of the operator’s conduct is such that a traffic commissioner may properly consider that both revocation and disqualification are necessary for the purposes of enforcing the legislation (see 2001/074 Brian Edward Clark applying 2000/005 Marilyn Williams trading as Cled Williams Coaches and 2000/018 Euroline Transport Ltd). 2 . Guidance; 2. There is a difference in the legal framework to be applied as between a refusal to grant an application for an operator’s licence (on the one hand), and a subsequent revocation for loss of repute after a licence has been granted (on the other). An STL interview is unlikely to be appropriate in the following circumstances: When recommending an STL interview to the traffic commissioner, the following approach is to be adopted. 2016/055 Raymond Kyle Heard trading as Kyle’s Executive Travel confirmed that a traffic commissioner, or those acting on behalf of the traffic commissioner, are not required to go through an application point-by-point to identify gaps and tell the applicant how to go about filling them. In the decision making process, we choose one course of action from a few possible alternatives. Section 35 of the Act provides that it is for the traffic commissioner to decide whether a public inquiry is necessary for the proper exercise of the commissioner’s functions under the Act and may decide to join two or more cases in one hearing (see 2011/028 Heart of Wales Bus & Coach Co Ltd & Clayton Francis Jones). (b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50% or more without taking a break or without an uninterrupted rest period of at least 4.5 hours. In conducting our review of opinions of wraparound experts about the principles, this has been one of several points of contention; specifically, how … Regulation 6 of the Goods Vehicles (Community Licences) Regulations 2011 provides that, subject to the provision of relevant information, a person issued with a standard licence authorising international operations is entitled to be issued with a community licence by the competent authority (in this case the traffic commissioners). (7) Where an operator’s licence is suspended under this section, the licence remains in force during the time of its suspension subject to the limitation that no vehicles are authorised to be used under it. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. The role of a public inquiry clerk (caseworker) is to provide administrative support to the traffic commissioner to allow him/her to carry out their statutory duties in relation to public inquiries and/or driver conduct hearings. It is good practice to notify the related operator of the reasons for the traffic commissioner’s decision. The question of the likely effect upon the operator should be properly examined and advocates are expected to assist in this exercise. Staff processing applications on behalf of the traffic commissioner make recommendations as to whether the application should be granted based on the statutory criteria being met and the ability of the applicant to meet the undertakings on the licence. When considering repute generally traffic commissioners should remind themselves that the opportunity for rehabilitation through the completion of specified measures is only available to transport managers, which allows the decision to be tempered (see 2012/071 Silvertree Transport Ltd). That responsibility cannot properly be fettered, the Public Passenger Vehicles Act 1981 and the Goods Vehicles (Licensing of Operators) Act 1995 both make it clear that a presiding commissioner may hold such an inquiry as he or she thinks necessary for the proper exercise of his or her functions (see Statutory Guidance and Statutory Directions on Case Management for further references regarding independence). Upon receipt of the above and satisfactory financial evidence where there has been no previous licensing or compliance history, the caseworker should recommend grant of the application. driver training on matters such as, (a) how to conduct the driver daily walk round check and/or the completion of the driver daily defect report; (b) the EC drivers’ hours’ rules and tachograph regulations, or the domestic drivers’ hours’ rules of the working time directive rules; (c) the safe loading of vehicles and vehicle security generally. The Upper Tribunal has stated two clear principles on the issue of proportionality: As stated above, the licensing regime exists to promote road safety and fair competition. The term “infringement” has been deliberately adopted although this is not a punitive exercise. At sites where conditions and/or undertakings have been attached the applicant will need to agree for them to be transferred. Notwithstanding the above new operators are more likely to be called to a public inquiry if, during their first year, there are grounds to suggest (possibly from a DVSA new operator check) that the systems required and the operator has recently undertaken to implement, are not functioning as required by the licence or the operator is not committed to ensuring compliance. It follows in the case of administration, liquidation or receivership, where there are no current compliance issues and no associated applications or additional linked licences. The STL can therefore: 1 - issue the warning letter and make a note on the record provided that the traffic commissioner has already indicated this is an acceptable potential disposal. However the significance of a formal warning is that if it is ignored it will become one of the factors to be taken into account at a future public inquiry should there be one. Similar to regulatory matters, there are many variables in applications and a variety of different variations in applicants failing to satisfy the traffic commissioner. (b) any operator’s licence issued to him on the application, or (as the case may be) the operator’s licence obtained by him, shall be void. However it is open to the holder of a standard licence to request a period of grace (see Statutory Guidance and Statutory Directions on Case Management) and a traffic commissioner should consider the potential impact of not allowing a period of grace. There is no requirement to point out that an operator or applicant has failed to supply material as requested. This appears to suggest that the operator is not responsible when the driver is at fault. The traffic commissioner will also exercise their gatekeeper function to promote fair competition within the industry. No other test applies. There is now power to disqualify a transport manager. pay and employment conditions in the profession; trafficking in human beings or drugs; and, Revocation with detailed consideration of disqualification, Suspension for an extended time period that materially affects the transport operation, Significant indefinite curtailment that materially affects the transport operation, Revocation with consideration of disqualification, Significant time limited curtailment that may materially affect the transport operation, Indefinite or time limited curtailment that does not materially affect the transport operation, such as removal of the margin, Formal warning that attendance at a further public inquiry will be likely to lead to regulatory action being taken against the licence, curtailment includes attachment of a condition limiting the number of PSVs on the licence, nothing in the above precludes the traffic commissioner from recording further undertakings and/or statements of intent from the operator. (a) an offence under section 53 of the Road Traffic Act 1988 (plating certificates and goods vehicle test certificates; (b) an offence committed in relation to a goods vehicle consisting in the contravention of any provision (however expressed) contained in or having effect under any enactment (including any enactment passed after this Act) relating to: Part V of the Transport Act 1968 or section 233 or 235 of the Road Traffic Act 1960 so far as applicable (by virtue of Schedule 10 to the 1968 Act) to licences or means of identification under that Part. Operators who are called to public inquiry will be required to demonstrate that they continue to meet the requirement to be of appropriate financial standing or, in the case of restricted goods licences to have sufficient financial resources. Benefits should be specific, comprehensive and compelling, applicants and/or drivers submit... 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