How do you know if one of your drivers is constantly speeding (breaching CoR laws) if you don’t receive confirmation from them or their authorities? Is it okay for your driver to just ‘pocket the speeding ticket’ and, potentially, keep re-offending without your knowledge?
Obviously, the answer is ‘no way!’
That’s just one of the ongoing issues surrounding the control of speeding drivers within fleets – how can operators and employers access information when it comes to the private driving records of employees?
Even when speeding in a company vehicle, an employer may not know of the offence if the driver is intercepted by a traffic officer who gives the driver an on-the-spot fine but does not notify the business-owner.
And while some authorities who issue speeding fines will notify the vehicle operators with a notice of speed breaches by vehicles registered to that operator, there have been instances when those notices have not come to the attention of the relevant person within the organisation (until too late, if ever). For example, the notice may be sent to the registered office rather than directly to the relevant person in the business.
Notification of incidents
Therefore, it is important for operators to liaise with road authorities to make sure that in the event of any incidents or breaches, they know precisely who to contact and how to notify them – whether by phone, email or post.
A similar issue arises when vehicles are subject to inspection at heavy vehicle inspection stations. Drivers may sometimes be cautioned, but they may not pass this information onto their employers – for obvious reasons.
We are aware that there have been some discussions with road authorities around authorising those them to notify employers when breaches occur.
In New South Wales, for example, Road and Maritime Services (RMS) has updated the Driver Licence and Demerit Point Check service, which is now available to heavy vehicle operators, to help them determine if their drivers are licensed appropriately.
The updated service will allow multiple driver licences to be checked in one transaction, as well as a longer term Driver Consent Form.
RMS says this updated service is designed to assist the road freight industry operate safely and compliantly.
Transport lawyer and Editor-in-Chief of CoR Adviser Geoff Farnsworth advises business-owners that their employment policies need to stipulate that drivers must be appropriately licensed and that they must report any incident or dealing they have with road authorities, whether the driver believes it to be trivial or not.
To find out more about how you can meet your CoR obligations while protecting your business from CoR breaches by your own employees and third parties in your supply chain, subscribe to CoR Adviser.
Written in plain English by transport lawyers and industry experts – like Geoff – the monthly newsletter has all the information you need about meeting your CoR obligations under Heavy Vehicle National Laws.
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