Response to COVID-19 Advice for Operators

On 20th March 2020, the OTC released advice for operators as a result of the COVID-19 outbreak.

The full guidance can be found on the government website. A summary is set out below:
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Can I temporarily operate more vehicles than authorised to meet an urgent public demand?

• You need to ask a traffic commissioner to grant a temporary exemption (in writing) from any requirement to hold a standard licence.
• It is recommended that you seek advice with this to ensure you will be able to persuade the TC to grant approval.

Due to challenging trading conditions I can no longer meet the requirement to be of the appropriate financial standing?

• You can request a period of grace from the TC.

I hold a restricted licence and cannot meet the requirement to have sufficient financial resources available due to restrictions on trade.

• There is no power to grant Periods of Grace to an existing restricted operator.
• Operators should consider offering an undertaking to the traffic commissioner for a financial check to be carried out in the future and on a specified date.

Due to restrictions on movement I no longer have access to my operating centre. What steps do I need to take?

• Operators should request a Period of Grace to operate from an alternative site.

Operational needs require me to operate more vehicles from my operating centre than the current authorisation. I am still within my overall vehicle authorisation.

• It is recommended that you apply to obtain grant of a variation using the digital services.
• Operators should consider submitting a complete application as soon as the need arises and seek an interim direction.

I cannot maintain my vehicles in line with the stated intervals that I made a commitment to.

• Operators should never operate a vehicle in an unsafe condition.
• You should adopt a risk-based approach.
• Maintenance intervals can be extended in limited situations

I am a transport manager but am required to self-isolate or I am absent from work through ill health.

• The operator must notify the traffic commissioner depending upon the length of absence and request a period of grace where necessary.

I, or my transport manager, have an undertaking on my licence to complete training by a date before 30 June 2020, what should I do?

• You should follow the general Government advice on travel and attendance at events.
• If you cannot attend a required training event within the period set out in the undertaking you should notify the traffic commissioner as soon as possible.

I have been called to a Public Inquiry or a Driver Conduct hearing, will it go ahead during the coronavirus outbreak?

• If a public inquiry or driver conduct hearing is postponed all parties will be advised as soon as possible.

For further advice, contact Jared Dunbar at Dyne Solicitors on 01829 773105 or jid@dynesolicitors.co.uk.

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