Driver defect reporting – Will an ‘S’ marked prohibition land me in a Traffic Commissioner Public Inquiry?

25 April 2022

In short, it is highly likely that an ‘S’ marked prohibition due to failings in driver defect reporting will mean an operator will end up before the Traffic Commissioner in a Public Inquiry.  This could in turn lead to revocation of that operator’s O-licence.

An ‘S’ marked PG9I is a prohibition for a defect that renders the vehicle immediately dangerous and which indicates a significant failure in the operator’s maintenance systems.

Kevin Rooney, Traffic Commissioner for the West of England, disqualified a transport manager indefinitely in one reported Public Inquiry after concluding that he appeared to “care nothing of the condition of his fleet”.

It was reported that the DVSA gave evidence that the operator had done nothing to investigate a safety critical immediate prohibition issued to a vehicle displaying a red EBS warning light and when questioned had merely shrugged his shoulders.

The O-licence was revoked on the grounds of professional competence – not having a transport manager given the transport manager’s disqualification – and financial standing.

If you would like more information on how to avoid this happening to your business, join us on 5 May 2022 for our e-training “Reporting BACK”.  This session will highlight frequent problems regarding defect reporting, how it can lead to more serious issues and wider ramifications regarding how drivers should be disciplined and the impact of Trade Unions.  Book your place here or call us on 01254 828300 for more information.