Truck UK - Improving Compliance

Large number of truck drivers caught and fined for not wearing their seat belt

The following article was published recently in the Bury Free Press Newspaper in Suffolk

 

“Steering with elbows while rolling a cigarette is just one of the activities of law breaking lorry drivers on our roads, say police.

 

A five-day campaign which saw officers cracking down on bad HGV drivers who put other road users at risk showed 170 offences in Suffolk.

 

Suffolk Police’s casualty reduction team carried out the campaign last week. Officers patrolled the A14, A11 and the A12 dual- carriageways with the aim of detecting a range of offences, particularly those that cause distractions such as the use of mobiles.

 

During the five-day period, 120 drivers were not wearing seatbelts and received a graduated fixed penalty at the roadside of £60.00.

 

One driver found to be committing a driving licence offence will be later reported for court.

 

A £60.00  fixed graduated fixed penalty notice and three points added to the drivers licence were handed out to 25 vocational drivers who were seen to be carrying out mobile phone offences, three were speeding and there were 11 instances where the driver was found to not be in proper control of the vehicle. In some cases, this meant the driver was steering with elbows in order to roll a cigarette as stated above, or even using a PDA.

 

Defects such as cracked mirrors, brake defects and a cracked windscreen were also found on 10 of the vehicles stopped and the appropriate penalties issued to both the driver and where appropriate the operator.

 

Sergeant Paul Ward, from Suffolk Police’s casualty reduction team said: ‘The consequences of a driver of a large goods vehicle losing control could be catastrophic’

 

‘Using a mobile phone whilst driving, speeding and not wearing a seatbelt are three of the four main contributors to serious or fatal road traffic collisions. This, together with the summer drink drive campaign will hopefully go some way to reducing the number of casualties on Suffolk’s roads.”

 

Due to the success of the enforcement campaign, plans are under way to conduct similar over the next few months.”

 

While the offences above may seem relatively minor to operators who are struggling to find decent work for their vehicles they could all have led to death or injury for other road users and/or members of the public. What’s more, it must never be forgotten that the Traffic Commissioner will expect every single prosecution to be thoroughly investigated and appropriate action to be taken, including informing the Commissioner as to what your findings were and what has been introduced into your procedures to avoid such non-compliance in the future.

 

The wearing of seat belts is mandatory - true, you cannot be expected to physically check that your drivers have put their seat belts on after each pick-up and delivery, but do you have in place procedures and terms and conditions of employment that clearly state that it is an offence not to wear a seat belt when driving your vehicles?  Furthermore, do you have company driver handbooks that again state that seat belts must be worn? Have your drivers’ been provided with a copy of the handbook and induction and refresher training that emphasises the wearing of seat belts is mandatory and why? If a driver is found not to be wearing a seat belt do you have disciplinary procedures in place that can be implemented?

 

All of the above questions should be answered with a yes.  If not you are failing to comply with the obligations of being authorised to operate commercial goods vehicles and you are liable to be called up in front of the Traffic Commissioner to answer for your shortcomings.

 

Operating a mobile phone - using a mobile phone while driving a vehicle of any description, whether using a hands free device or not if it is seen to be causing a distraction to the driver, is a very serious offence and you need to make your drivers’ aware that Traffic Commissioners are actively suspending the vocational driving licences of those who have been issued with a prosecution such as this, even when it relates to while driving their own car.  Drivers’ must be very clear in that the Traffic Commissioners’ have far reaching powers over vocational driving licence authorisation and can take additional punitive action over and above what the police or the courts decide, if they feel it is correct and appropriate. Anyone who holds a valid vocational driving licence is expected by the Commissioner to be a professional driver and as such of a higher standard than ordinary driving licence holders. What procedures do you have in place to confirm your position on this with both your drivers’ and the Commissioner?

 

Speeding - speeding is an offence that brings with it a great deal of cynicism from drivers’ who have been allegedly caught by a speed camera exceeding 40mph on a clear single carriageway road. The accusation of this being another form of tax collecting is often heard when we discuss this at driver and management training sessions. However, the law is very clear and the speeds permitted are clearly shown on the roads and available to check by consulting the highway code. Failure to do so can lead to prosecutions against both the driver and the operator.  What is your procedure regarding this?

 

Not in proper control of a vehicle - Again, we regularly discuss with drivers just what is deemed dangerous driving and it is virtually impossible to quantify. So, if someone with the correct authority decides that they have seen evidence of a driver not being in proper control of a vehicle it is then up to that driver and his employer to decide if that allegation is correct and if it is not to fight it. However, if you haven’t got in place practice and procedures to clearly show that you are a compliant operator then you may be wasting your time.

 

So, the clear message is …………….. have robust procedures in place and ensure that all your staff are aware of them and adhere to them ……………………… if not, then operator beware!

 

Driver information sheets relating to all the issues above are available to Truck UK Onlne Associates to use as part of their ongoing driver training. 

Steve Williams  

 

06 July 2012
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