Frequently asked questions

I have a C+E driving licence, which I have held for over 20 years. However I find that under my C1E entitlement I have the 107 restriction code which appears to limit me to a maximum of 8.25 tonnes when driving a 7.5 tonnes vehicle and trailer. Can you please explain why this is?

Answer: The 107 restriction to 8.25 tonnes on your C1E entitlement would have been granted when you passed your B Licence (private car). It only becomes a requirement if, for any reason, your C+E licence expires or your entitlement is lost - you would then revert to having the 8.25 tonnes restriction on a vehicle up to 7.5 tonnes and associated trailer.

When considering dismissing an employee with a final written warning for a further act of misconduct, does the employer have to consider whether previous warnings were fair?

The short answer is no – unless an earlier warning was manifestly disproportionate or issued in bad faith. For example: if a previous warning was appealed by an employee and that appeal was rejected out of hand with no proper consideration, this may be a good reason to challenge whether that warning was valid or not, and therefore whether the dismissal was fair.

However, a previous warning which appears on the face of it to be issued fairly, with proper procedure and a correct appeal process followed, is unlikely to be reconsidered when it comes to dismissal for accumulated warnings.

One of my drivers was stopped by the police and has been issued with a fixed penalty notice for allegedly exceeding four and a half hours’ driving. What should I do as the operator?

The first thing is to understand that while the offence relates to the driver and the fixed penalty is the responsibility of the driver, such offences raises questions over compliance of the operator. Do they have effective and continuous management systems in place? A full investigation should be conducted.

Drivers must be instructed as part of their conditions of employment to notify the operator immediately in the event of such an occurrence. A driver has 28 days in which to make the decision to pay/not pay the fixed penalty. They should only do this after consulting with the operator and, if necessary, after getting expert help.

If the driver accepts the fixed penalty, this must be reported to the Traffic Commissioner’s office in accordance with the Operator Licence requirements.

I understand that if a mobile worker carries out night work, as defined as hours between Midnight and 4-00am that the daily working time should not exceed 10 hours in any 24-hour period. I employ a number of drivers who operate during the night-time hours and I understand that the night work limit can be exceeded where there is a relevant agreement. Can you please confirm what the relevant agreement is?

Answer: There are two types of agreement covered by the term “relevant agreement”. There is a “collective agreement” between the employer and an independent trade union, or a “workforce agreement” which is between the employer and a group of employees. Workers who have their conditions determined by a collective agreement cannot be subject to a workforce agreement.

A drive axle nearside wheel came off our vehicle. No one was injured. The DVSA attended the scene and issued an “S” marked prohibition. What should we do?

The first action is to get the vehicle removed from the scene safely and legally. It is then essential that a full investigation be conducted to establish the cause of the wheel loss. This would include interviewing the driver about his inspection of the vehicle that day and the events leading up to the wheel loss. Check the vehicle maintenance records and most recent PMI and driver daily defect sheets for three to five days before the incident. Secure the defective parts of the wheel assembly, hub, studs and wheel nuts along with any photographs.

Compile a full and comprehensive report of the investigation including any actions taken and send to the Traffic Commissioner, as “S” marked prohibitions invariably lead to Public Inquiry (PI). It is essential that all evidence be secured as early as possible after the incident.