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The O-licence was revoked on the grounds of professional competence – not having a transport manager given the transport manager’s disqualification – and financial standing.