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M10 Transport infringements

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Evidence required


Requirement

To record, investigate and take action against all transport-related infringements.

Purpose

To ensure operational risk exposure is minimised, costs are controlled, and drivers operate legally, safely and professionally.

Demonstration

FORS Operators shall have a policy and supporting procedure in place to record, investigate and monitor all transport-related breaches and offences.

The procedures shall include the actions to take in the event of:

  • Moving traffic offences
  • Fixed Penalty Notices (including Graduated)
  • Penalty Charge Notices
  • Roadworthiness Prohibitions
  • Drivers’ hours and tachograph infringements
  • Notices of intended prosecution or action
  • Notices and the outcomes of public inquiries

The procedures shall also include compliance with transport related schemes, such as:

  • Road user charges, such as congestion charge and tolls
  • Safety zones, clean air zones and low emission zones
  • Out of hours restrictions
  • Other permit schemes and traffic management orders

Transport-related infringements shall be recorded and investigated to identify whether control measures have failed and if operational improvements can be made. Any corrective action taken shall also be recorded.

Investigations of infringements shall be conducted by a person with competence to:

  • Review and monitor infringements
  • Identify direct and root causes
  • Take corrective action to prevent recurrence
  • Deal with any consequences
  • Review the effectiveness of any corrective action taken

Corrective action should include:

  • Changes to operational procedures
  • Refresher or remedial training
  • Continued professional development
  • Disciplinary action

The policy, procedure and records relevant to transport infringements shall be:

Prepare the following evidence

Transport infringements procedure

A documented procedure explaining how transport-related infringements are:

  • Reported
  • Investigated
  • Managed
  • Reviewed

Infringement records

Provide records of any transport-related infringements relevant to your fleet operation, such as:

  • Penalty Charge Notices (PCNs)
  • Notices of Intended Prosecution (NIPs)
  • PG9 prohibition notices
  • Public Inquiry (PI) outcomes
  • Tachograph infringements
  • Other transport-related enforcement action or infringements

Investigating infringements

Provide records showing how infringements have been investigated and any action taken. This could include:

  • Infringement investigation reports
  • Driver debriefs
  • Formal warning letters
  • Retraining records
  • Updated policies or procedures
  • Communications to staff
  • Management review records

Investigation records must show:

  • The cause of the infringement
  • Action taken to prevent it happening again
  • How lessons learned were shared with relevant staff
  • Any changes made to operational controls

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