Backhouse Jones Solicitors

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1

2 The Role of the Driver in your Business Jonathon Backhouse Backhouse Jones

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4 1. Driving 2. Drivers Hours 3. Maintenance 4. Health

5 He/she is your front line operator She delivers your service He delivers your product She drives your advertisement around He/she is your first and main contact with your customer He/she has a professional qualification

6 Who has to keep a record? Who has to decide to stop when necessary? Who has to switch the mode? Who completes the chart, or digital entry? Who is in Control of these liabilities? Who needs minimum daily and weekly rest? Who hands the cards in?

7 Who should take the correct brake? Who knows when they have been working too long? Who knows when they have worked too many consecutive days? Who should know whether their job is EC or domestic?

8 Two main areas of concern Criminal court Magistrates 5000 / offence(max) Crown court in some cases unlimited fine and Prison Public Inquiry Revoke operators Licence Disqualify Directors Transport Manager Loses repute

9 Drivers are the most critical part of your Maintenance system First use inspections Continuing obligation to report defects Decision on the severity of a problem Is it safe? Bodged repairs

10 This is the most important part of the Drivers Maintenance responsibilities. What does the driver Think he has to check? Does the driver really realise the importance of the checks? What is the dialogue between the driver and the Maintenance dept. It all comes down to training!

11 Is the driver taken seriously? Does he have the skills to properly describe the symptoms? To whom is he speaking, is he an engineer? Who makes the decision the vehicle is safe, are they qualified to make that decision? Not just a morning obligation but an on going obligation!

12 Death Serious injury Serious offence Manslaughter(prison) Causing death by Dangerous Driving(prison) Causing Death by Careless driving(prison) Health and Safety at Work Act (Unlimited Fines) Public Inquiry Revoke Operators Licence Disqualify Directors Transport Manager Loses Repute

13 Is your driver sick Is he fit to drive Often only the driver knows the truth Can she see the truth (Eye Test) Even the driver may not know (Sleep Apnoea) Feed back from his work colleagues

14 Death Serious injury Serious offence Manslaughter(prison) Causing death by Dangerous Driving(prison) Causing Death by Careless driving(prison) Health and Safety at Work Act (Unlimited Fines) Public Inquiry Revoke Operators Licence Disqualify Directors Transport Manager Loses Repute

15 Training Induction (comprehensive) Retraining annual (Driver CPC) Tool Box Talks Regular review Training Matrix

16 Testing Initial driving skills test Annual appraisals (DSA courses) Competitions (Driver of the year awards) Health Tests Alcohol tests Lifestyle tests

17 Auditing Tacho Analysis Spot checks of DDR nil sheets (eg with PMI s) Tracking Independent spot checks (FTA/RHA)

18 If all the Training, Auditing, Testing fails Managing Disciplining Dismissing Being Firm If disciplining drivers you need to be legal, but this should not put you off, Proper Procedures should avoid claims. Steven Meyerhoff

19 Those who are left will be the best You will attract the better more responsible drivers to replace those who do not wish to be part of a well managed system There will develop a firm respect for drivers within the organisation which will spill over to your customers and the enforcement authorities I believe the whole transport operation will improve not only with safety and the Traffic Commissioners but also in performance as there will be less breakdowns and accidents.

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