The Issue of Overlooked Compliance: Vans and LGVs
There is an abundance of information available regarding compliance when operating a fleet of HGVs and PSVs, in order to protect the Operator’s Licence. There is much less publicity surrounding van and LGV compliance, perhaps because it is not a specifically licensed activity in the UK. However, failure to keep these vehicles and drivers compliant can have serious ramifications, including:
- Fixed Penalties
- Prosecutions
- Prohibition Notices
- Damage to Repute for Licensing of HGVs.
So, how can you protect your business and your drivers from financial and reputational risk? With our LGV fleet guide, we can help you minimise the risk of your drivers and business inadvertently falling foul of legislation or overlooking key compliance risks.
Legal Responsibility
As a business instructing a driver to act on your behalf, the law regards the business as a user of that vehicle. It is therefore possible that, where an offence is committed, the company or business owner could be prosecuted for the use of the vehicle or for permitting the driver to commit an offence. This can result in substantial fines and penalty points.
Time Recording
It is often understood that driving limits and recording requirements apply only where there is a requirement to use a tachograph. This is not correct. In all cases, businesses must consider the GB Domestic Drivers’ Hours and the Working Time Regulations 1998, which limit working hours and require rest periods. Drivers must not drive for more than ten hours in any one day and must not be on duty for more than 11 hours in any one day.
Overloading
Vans do not generally have a large capacity to carry heavy goods. They are at a real risk of overloading when used to carry bulky tools or equipment, or when undertaking deliveries. In cases of minor overloading, a fixed penalty may be issued at the roadside. However, in most cases, where there is a significant overload, the offence is prosecuted at Court where both the driver and the business face significant financial penalties. The Court has an unlimited cap when imposing fines, and it is not unheard of for these to amount to tens of thousands of pounds.
Our advice is to take the vehicle unladen to a weighbridge and calculate its available payload. Keep a log of the weight of equipment or loads usually carried and, on every occasion, estimate the overall weight. Drivers can use weighbridges to check weights where there is any doubt.
Operator’s Licence
Where you have a vehicle and trailer combination exceeding 3.5 tonnes, you may need to apply for an Operator’s Licence and use a tachograph to record driving. There are some limited exemptions for 4×4 and dual-purpose vehicles, but these should be examined very carefully to ensure that the exemption genuinely applies and will stand up to scrutiny.
If you are working in Europe, a vehicle between 2.5 and 3.5 tonnes used for a commercial purpose will need an LGV Operator’s Licence granted by the Traffic Commissioner.
Speed Limits
Different speed limits apply to some LGVs. Check the guidance on the Government website to see which vehicles are affected and what limits apply, and make sure the guidance is shared with your drivers.
Notice of Intended Prosecution
Where an offence is committed and the driver cannot be stopped at the roadside, for example, for speeding offences, a Notice of Intended Prosecution will be sent to the Registered Keeper. If no response is provided, the directors, business owners or named drivers on the insurance policy may also be contacted.
You are under a legal duty to provide the details of the driver or show that it is not reasonably practicable to do so. You should ensure that you keep accurate records of driver allocation, maintain an up-to-date V5 address, and have systems in place to adequately deal with post and notice responses. Failure to do so can result in significant fines and six penalty points, even where the owner was not the driver.
If your drivers or your business requires any assistance with a prosecution, call our Team today for a free initial assessment – 01908 464480
