10 principles of decision making

A more serious view will be taken of repeated failings or a combination of apparent infringements. When an individual has been involved in an entity that has entered insolvency they should provide a copy of the insolvency report. Contents 1. Guidance; 2. When considering regulatory action traffic commissioners will need to consider a number of factors, which are not limited to the impact on the operator. (b) where that person operated the vehicles used under the licence in partnership with other persons, in relation to any of those other persons and any reference in subsection (6A) below to subsection (1) above or to subsection (4) above includes that subsection as it applies by virtue of this subsection. if the meeting with the operator leads the STL to a different conclusion or the operator is not prepared to agree the proposed outcome, the matter must be referred back to the traffic commissioner, by way of submission, for further consideration. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. The case law indicates a general principle that at the time the disqualification order is made that the operator cannot be trusted to comply with the regulatory regime and that the objectives of the system, the protection of the public and fairness to other operators, requires that the operator be disqualified (see 2009/011 Katherine Oliver and J W Swan & Partners). Each of these can be useful, depending on the circumstances and the problem that needs to be solved. The accurate definition of the problem affects all the steps that follow; if the problem is inaccurately defined, every step in the decision‐making process will be based on an incorrect starting point. See the stay decision in Fredrick R Miller Ltd – As part of the deterrent effect action against a licence may cause contractual and commercial difficulties. Paragraph 2 of Schedule 4 of the Goods Vehicles (Licensing of Operators) Regulations 1995 provides the following: The traffic commissioner may direct that the whole or any part of an inquiry be held in private if he is satisfied that by reason of: (a) the likelihood of disclosure of intimate personal or financial circumstances; (b) the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. 10 - Public sector organisations should commit to evaluating the impact of the algorithms they use in decision making, and publishing the results. Gravity. the Article 1, First Protocol rights of other operators, where it is said that a commercial advantage has been gained (including the question of fair competition). Taking account of the guidance from the Upper Tribunal that each case must be looked at on its merits, traffic commissioners may wish to use as a starting point for a first public inquiry consideration of a disqualification period of between 1 and 3 years. In that case the position of a goods operator, who might seek interim authority to continue operating may differ from that of a PSV operator where that opportunity is not available under the legislation. Not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. (c) the presentation of any other matter, which the traffic commissioner considers to be irrelevant, repetitious, frivolous or vexatious. Travel, 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, 2007/459 KDL European Ltd and Kevin Lumsden, 2010/035 Steven Alan Curtis trading as S & A Curtis Transport and Alan Fredrick Curtis, 2015/039 Firstline International Ltd and William Lambie, George Gollop and Direct Movement Services Ltd, 2005/236 Neil Alldritt trading as Maple Motors, Vehicle Inspectorate v Nuttall [1999] UKHL 14, 2008/780 South Lincs Plant Hire & Sales Ltd, 2003/107 R A Meredith & Son (Nurseries) Ltd and Article 13 Regulation (EC) 1071/2009, 2014/050 Andrew Harris trading as Harris of Leicester, 2002/197 A Mason trading as Mason Haulage, 2016/039 Daren Michael Smith trading as DMS Scaffolding, 2002/094 Brian Kenneth Gover and BKG Transport Ltd, 2002/030 Steven Lloyd trading as London Skips, 2000/005 Marilyn Williams trading as Cled Williams Coaches, 2009/011 Katherine Oliver and J W Swan & Partners, 2014/084 Timothy Robinson trading as Robinsons’ Removals & Stuart Robinson, 2015/078 Black Velvet Travel Ltd, Western Greyhound Ltd and Michael John Bishop, 2005/457 Leslie John Ings trading as Ings Transport, 2014/040&41 C G Cargo Ltd and Sukhwiunder Singh Sandhu, 2012/56 & 57 Deep Transport Ltd and Midland Transport Ltd, 2005/426 Kuldev Singh Oakhal trading as Premier Transport Services, 2018/072 St Mickalos Company Ltd and Michael Timinis, 2019/072 Cavendish School of English Ltd and Marcus Barber, 2004/373 Rai Transport (Midlands) Ltd and Amardip & Daljit Singh Ra, guidance on transfer of operating centres, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, Stable and effective establishment – operating centre and available vehicle, Availability of financial resources to support maintenance, Deliberate or reckless act(s) that compromised road safety and/or gave the operator a clear commercial advantage and/or operator caused or permitted driver offending and/or any attempt by the operator to conceal offences or failings, Persistent operator licence failures with inadequate response or previous public inquiry history, Two or more negative features not already detailed under “Conduct” above and some positive features, Limited negative feature(s) not already detailed under “Conduct” above and several positive features. Don’t worry we won’t send you spam or share your email address with anyone. This might include alternative undertakings that the operator has indicated that it is willing to give or a public inquiry as further issues have been uncovered or other courses of action. A case submission should be made to the traffic commissioner to this effect. are executed by the manager making a decision. 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. For the purposes of point (b) of the third subparagraph of paragraph 1: (a) where the transport manager or the transport undertaking has in one or more Member States been convicted of a serious criminal offence or incurred a penalty for one of the most serious infringements of Community rules as set out in Annex IV, the competent authority of the Member State of establishment shall carry out in an appropriate and timely manner a duly completed administrative procedure, which shall include, if appropriate, a check at the premises of the undertaking concerned. (6) A traffic commissioner shall not make any such order or give any such direction without first holding an inquiry if any person affected by the proposed order or direction requests him to do so. If you or the teams you are a part of consistently achieve good results, then you are making decisions well. 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. Where there have been serious failures in maintenance and/or repeated failures to ensure the roadworthiness of vehicles and/or trailers a traffic commissioner is not required to give an operator more time to put systems in place which should have been effective from the outset of operation. No other test applies. 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. Maintain accurate, comprehensive and accessible records They can, as indicated above, order measures to be taken by a disqualified transport manager, for instance re-taking and passing the examinations to obtain a Certificate of Professional Competence. Subject to paragraph 2 of this Article, Member States shall determine the conditions to be met by undertakings and transport managers in order to satisfy the requirement of good repute laid down in Article 3(1)(b). In Person Sunday 9 and 11:15 AM Streaming Sunday 9 and 11:15 AM The presiding traffic commissioner may exclude a person who, in the opinion of the traffic commissioner, is behaving in a disruptive manner. Taken from 1 Corinthians chapters 6, 8, and 10, this resource can help you think through many aspects of making a decision. Members of staff should anticipate, when preparing written submissions, that the traffic commissioner will wish to consider formal regulatory action where: At any stage, either prior to a decision being made whether to call an operator or applicant to a hearing or during the hearing, further undertakings can be offered in which the operator or applicant legally promises to do something in order to satisfy the traffic commissioner that a statutory requirement will be met. In the event of the revocation of an operator’s licence a commissioner will wish to consider disqualification of the licence holder and any director of a company or partner (as appropriate). It is always open to a disqualified person to make application for to vary or cancel an order. There is no “‘five-year rule’ relating to previous public inquiries or regulatory action” and a traffic commissioner is therefore entitled to go back as far as they need to in order to determine whether an operator can be trusted to comply in the future 2014/008 Duncan McKee and Mary McKee. Footnotes have also been incorporated into the body of the text, as have some tables. What appears on the face of the papers to be very serious may not in fact be a barrier to grant. (5) The powers conferred by this section in relation to the person who was the holder of a licence shall be exercisable also—, (a) where that person was a company, in relation to any officer of that company; and. This can be beneficial in narrowing or crystallising the issues or assurances as to future compliance or, alternatively, might result in the traffic commissioner concluding that they can deal with the matter by some other method. A traffic commissioner may not take into account any written evidence or other matter in writing received by him from any person before an inquiry opens or during any inquiry unless the traffic commissioner discloses it. You can use it to improve decisions at work, life, business, love or anything really. It is only on those rare occasions on which the facts are exactly the same that another decision is likely to be of any assistance on the question of the appropriate length of disqualification (see 2012/044 Highland Car Crushers Ltd, 2012/56 & 57 Deep Transport Ltd and Midland Transport Ltd). Whilst issues of proportionality come into play in determining whether there has been a loss of repute those principles have limited application in a case where the operator has failed to have a transport manager as required by the legislation (see Anglorom Trans (UK) Ltd v Secretary of State for Transport [2004] EWCA Civ 998 on appeal from 2003/343 , and see Statutory Guidance and Statutory Directions on Transport Managers). Holders of standard goods and PSV licences and transport managers are required to be of good repute. The question of the likely effect upon the operator should be properly examined and advocates are expected to assist in this exercise. ... An inclusive world, where we work consciously to ensure fair processes of collective decision-making, where creativity is prioritised, and where our diversity of gifts are recognised, celebrated and flourish. No operator fault, recklessness or negligence with no undue risk to road safety or unfair commercial advantage, Isolated incident and/or driver deliberately disregarding appropriate instruction and/or legislation, Effective management control and appropriate systems and procedures in place to prevent operator licence failings, Effective analysis procedures in place to detect falsification, drivers’ hours (EC & domestic) and/or Working Time Directive infringements, Proper and effective driver/maintenance staff training with appropriate monitoring and disciplinary procedures in place, Isolated incident with no previous offending history, Sufficient and effective changes made, with tangible evidence in support, to ensure compliance, Driver deliberately disregarding appropriate instruction from employer, Operator co-operated with enforcement investigation, No road safety critical defects or “S” marked prohibitions, Above average first time pass rate at MOT. It is understood that an applicant who submits an application following a vehicle encounter may wish to legalise their position however it is likely that their fitness to hold a licence will be called into question. Also see 2016/046 R & M Vehicles Ltd, Graham Holgate and Michael Holgate – once a traffic commissioner had answered the Priority Freight and the Bryan Haulage questions in the way he did, he did not then need to explain why curtailment was not an option as revocation was inevitable. the operator is operating more vehicles than it has authority for; the operator was abusive to the DVSA Examiner/investigating officer or failed to stop when requested to do so; there are real concerns about repute, professional competence or financial standing; the failings are across a number of areas required by the operator licence; there are large scale failures to comply with the drivers’ hours’ rules and tachograph regulations. The Senior Traffic Commissioner considers that by following these principles in hearings traffic commissioners will be able to actively manage the case whilst ensuring that cases are dealt with justly, so far as is practicable by: (a) ensuring that all evidence is served by the Office of the Traffic Commissioner in a timely manner; (b) ensuring that any written evidence and representations from the operator and/or its representative is provided to the presiding traffic commissioner sufficiently in advance of the hearing so that it can be read and considered by the commissioner in advance; (c) ensuring that operators provide the documents requested by the Office of the Traffic Commissioner in advance of the public inquiry where requested to do so; (d) identifying the issues for determination by the traffic commissioner at an early stage; (e) ensuring value for money in the use of time and resources (including considering the need to call witnesses whose evidence may be agreed); (f) dealing with the case in ways which are proportionate to –. 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