It doesn’t matter what type of business you run, if you have a lorry you come under operator licenci
- NTP
- May 31, 2018
- 7 min read
There was an article recently published about a jeans importer who had their operator licence revoked after a series of compliance failings. The director of the firm knew nothing about running a transport operation and it was commented by their solicitor that this was a classic case of a restricted operator whose focus was on the main part of its business – importing and delivering jeans – rather than operating HGVs.
We are trying to get the message out to restricted operators who need to get up to speed before its too late! The message is simple, it doesn’t matter what type of business you run, if you run a lorry then you come under operator licencing and MUST follow the rules!!
We understand that when transport is not your main business and is simply a way of transporting your goods that it can be very confusing and difficult to understand what you need to do and how to do it.
As a training provider our job is to give you the information you need and tell you exactly what you need and how to do it. Our guide below will get you through your responsibilities from starting your operation right through to maintaining your compliance for your business, forever!
If you haven’t done the things listed within our guide below then we suggest you get on with it and quickly, its only a matter of time before you find yourself up the creek without a paddle!
As ever we are here to help and guide you every step of the way so if you have any questions you can call us on 01406 424500, chat with us live on our website or send us a email through to customerservice@ntpservices.co.uk and don’t panic, all our calls are confidential! We are here to help you.
Don’t wait until it’s too late, get legal and stay legal with our advice and our services today!
Oh and if you want to read the article on the firm that lost their licence due to non-compliance, you can do so by clicking here.
YOUR TO DO LIST AS A RESTRICTED OPERATOR – URGENT!
APPLY FOR YOUR OPERATORS LICENCE
It seems obvious but if you are going to move your products by road using a lorry then you must apply for an operators licence. You can go it alone and apply online or you can use a company like us to apply for it on your behalf.
We will help you decide which type of ‘O’ licence you need and complete the application for you. Our full package will help ensure a successful outcome.
Find out more about our ‘O’ Licence Application Service - https://www.myoperatorlicence.co.uk/o-licence-application
GET A TRANSPORT MANAGER WHO KNOWS WHAT THEY'RE DOING
Yes you do need a transport manager!! As a restricted operator there is no requirement to have a fully qualified transport manager however, you must have someone in charge of your transport and this someone must know what they’re doing. What I mean by this is that they must be fully up to date with legislation, know the legal obligations of having an operator’s licence and be capable of working within the law to run a cost effective and safe operation.
If the person who is going to be responsible for transport in your business hasn’t updated in the last year or hasn’t got a clue what they need to do then you need help and fast!
The easiest and safest option is to get your nominated transport manager fully qualified and have them complete and gain Certificate of Professional Competence in Transport Management in Road Haulage Operations - https://www.myoperatorlicence.co.uk/cpconline . This is a recognised qualification and is a lifelong award. Getting this qualification for your nominated TM will show your serious about compliance and will also ensure that you’re running legally because your TM will 100% what they need to do and how to do it.
If your nominated Transport Manager is already qualified and needs an update or isn’t qualified but has knowledge but just needs to refresh then we recommend they undertake and annual refresher course. You can find out more about our refresher training here https://www.myoperatorlicence.co.uk/transport-manager-refresher-online
MAKE SURE ALL YOUR DRIVERS HOLD A DQC (DRIVER QUALIFICATION CARD) CARD
Drivers CPC is a mandatory qualification that states all professional drivers driving vehicles 3.5 tonnes or over should hold unless they come under an exemption.
It’s highly unlikely you’ll come under an exemption but to make sure you can see the list of exemptions here – https://www.gov.uk/guidance/driver-cpc-exemptions-examples
Your drivers will need to attend 35 hours of driver cpc training every 5 years for the rest of their driving life, it’s up to you and your drivers to decide who is going to pay. The law states that drivers must ensure they hold a valid DQC and operators must ensure that drivers have a valid DQC. Most companies choose to pay for their drivers however, this isn’t mandatory and its perfectly fine for drivers to pay for their own training.
Time away from work will be required to attend driver cpc sessions and they must be carried out during face-to-face sessions with a trainer, its up to you to work your schedules and pay options around this.
You will not be able to employ anyone who does not hold a DQC and its illegal to drive commercially without one.
You can find out more about Driver CPC Training - https://www.myoperatorlicence.co.uk/driver-cpc here.
HAVE A SYSTEM IN PLACE FOR ANALYSING TACHOGRAPHS
You must keep a record of your driver’s hours and working time and you must keep tachograph records. Records should be analysed to ensure drivers are operating within the law. The rules for drivers hours, working time and tachographs can be complicated and its very important that you fully understand your legal obligations however, we’ll cover this in the next step. For now you should get on with setting up a tachograph analysis system for your business.
We can help you with this of course, to find out more about our service for Tachograph Analysis visit - https://www.myoperatorlicence.co.uk/tachographanalysis
MAKE SURE DRIVERS AND STAFF INVOLVED IN THE TRANSPORT SIDE OF YOUR BUSINESS UNDERSTAND AND KNOW HOW TO COMPLY WITH THEIR LEGAL OBLIGATIONS
You as the employer must ensure that your staff are suitably trained however, it is also their responsibility to comply with legislation. Ensure ALL your staff are suitability trained with a range of courses to undertake in addition to your in house company training.
These courses will ensure that everyone knows what they need to do and how they need to do it, we recommend everyone involved in the transport side of your business does them.
Click the links to find out more about each course and don’t panic, these start from just £10 per person including VAT!
Vehicle Safety at Work and Banksman Awareness - https://www.myoperatorlicence.co.uk/banksman-awareness
Understanding Drivers Hours and The Working Time Directive - https://www.myoperatorlicence.co.uk/drivers-hours-working-time-directiv
How to Use a Digital Tachograph and Understanding Pictograms - https://www.myoperatorlicence.co.uk/how-to-use-a-digital-tachograph
Managing Driver Infringements
Digital Tachograph Training for Drivers and Managers - https://www.myoperatorlicence.co.uk/digital-tachograph-training
Forklift and Plant Training –
Shunter and Banksman Training –
CHECK EVERYTHING YOU DO IS COMPLIANT WITH LEGISLATION
Every transport business must adhere to undertakings they agreed to on the operator licence, failure to do so could result in the operator losing the licence and the business having to close. Operators could also face prosecution and even prison so compliance is extremely important. We can help you and have a range of compliance services to help you, just click on the links to find out more about them.
Audit your own business – Self audit for Transport Companies - https://www.myoperatorlicence.co.uk/self-audit-for-transport-companies
Bring in an external auditor – Compliance and Maintenance Audits - https://www.myoperatorlicence.co.uk/tc-audits-operator-maintenance
Seek the help of an outside provider to help manage your compliance with a compliance management service - https://www.myoperatorlicence.co.uk/compliance-management
GET THOSE MISTAKES SORTED OUT NOW!
I hope you never need this one however, the reality is, is that there are thousands of operators who are non-compliant for many different reasons. Unfortunately sometimes the law is broken and non-compliance is found by the DVSA Traffic Commissioners. In these cases it’s extremely important that you take immediate action to sort out any issues and prove to the TC that you are making changes to ensure future compliance and show that it will not happen again.
We can help you if you find yourself in this situation, find out more about our Traffic Commissioner Assistance - https://www.myoperatorlicence.co.uk/traffic-commissioner-assistance here
STAY UP TO DATE WITH LEGISLATION
Don’t miss out on the latest legislation or news from the transport industry. Buy magazines, subscribe to monthly publications and join mailing lists where you’ll find all the info you need.
Follow our Transport Blog - https://www.myoperatorlicence.co.uk/ntpblog here. Don’t forget to subscribe!
LEGAL AND READY TO GO!
By following everything above you can be 100% compliant with the undertakings you must adhere to in order to keep your operator licence.
A lot of the links we’ve given you are for online training and services , so not only will this save you having to release staff to attend training sessions, it’ll also save you money. Online courses start from just £10 including VAT and the benefits of online far outweigh those of classroom courses.
You can get started with this plan straight away to ensure compliance within your business. You really do need to understand how serious it is if you don’t comply and get caught (trust us, it’s only a matter of time)
Lets be blunt here, it’s like this: can you afford to outsource your transport? Can you afford to lose your business? Could you imagine being in prison all because you didn’t comply?. For the small investment of time and money it takes to run a legal operation it’s simply not worth not doing it.
The choice is yours to make and we really hope you make the right choice.