When the DVSA identify potential breaches of the regulations, it can, amongst other things, carry out investigations that involve site visits, document reviews, interviews with staff, and vehicle checks. The aim of such an investigation is to establish the facts and to determine whether regulatory action might be necessary. For all operators, this is an extremely stressful and disruptive process with the potential of serious implications for their business.
The time and resource required to respond to an investigation is not insignificant. The DVSA might request copious amounts of information and documents, diverting resources away from other areas of the business.
Another challenge is the potential impact investigations have on the reputation of an operator. Even if no regulatory action is taken, the mere fact that an investigation has been carried out can lead to negative perceptions of the operator by customers, suppliers, and the wider industry.
Should the DVSA find evidence of serious breaches of the regulations during an investigation, the matter would be referred to the Traffic Commissioner and inevitably a Public Inquiry looms upon the horizon and if the warning shots have not been recognised and acted upon, severe action may be taken upon the licence, directors, and transport managers. Even where the action has been taken, if this is not deemed sufficiently suitable and robust significant action by way of curtailment or suspension may occur.
Notwithstanding the uncertainty surrounding the outcome of a Public Inquiry and the difficulties in planning for the future, the financial and reputational impact of regulatory action has ended the livelihoods of some operators. Undertakings which increase the administrative burden and can add expense to the day-to-day operation can usually be avoided if an operator recognises the triggers before any investigation begins, ensuring that their compliance systems are robust and effective. Systems that are simply left to run themselves will ultimately fail as they weaken over time. Ensuring that you have proactive policies and constant supervision, and monitoring will help protect the Operator Licence.
If you have any questions or need advice, then please contact us.
