Avoiding non-compliance with the FORS Standard

Avoiding non-compliance with the FORS Standard

The role of the FORS compliance team is to uphold the FORS Standard and to ensure that members comply with the requirements at Bronze, Silver and Gold accreditation. Among its functions, the team is in place to react to complaints about FORS members which may arise from a range of sources including enforcement agencies, FORS specifiers and members of the public. In addition, the team conducts weekly reviews of all the Applications and Decisions published by the Traffic Commissioner.

In June, July and August 2018, the FORS compliance team handled 251 complaints against FORS operators; six resulted in suspension and one in termination.

In order to safeguard your FORS accreditation and to avoid the most common FORS-related complaints, it is essential that you adhere to the FORS Rules and Procedures (R&Ps) and the FORS Terms and Conditions (T&Cs), as well as the FORS Standard.

The compliance team deals with all complaints in accordance with the FORS Compliance and Enforcement Guidance for Operators. This document provides guidance on all FORS compliance and enforcement activities and explains how an operator’s FORS accreditation may be affected if they breach the FORS Standard or the T&Cs. It also includes a table of compliance outcomes depending on the type of complaint.

Here is a list of the most common complaints and the action that is taken:

Most common complaints Correct process In accordance with  Timescale and consequences
Failure to respond to the FORS Compliance team Fleet operators must respond to correspondence from the FORS compliance team within five working days FORS Compliance and Enforcement Guidance

Within five working days

Failure to respond will result in a reminder email being sent. Failure to respond within the second five day period will  result in the company being suspended until a satisfactory response has been received

O Licence suspended Fleet operators shall hold all regulatory licences necessary for their operation M4 Regulatory licensing

FORS will suspend the company for a minimum period of three calendar months

If the company holds Multi Operating Centre Accreditation (MOCA) or Whole Fleet Accreditation (WFA), the suspension will be specific to the operating centre affected by the Traffic Commissioner’s decision

O Licence revoked Fleet operators shall hold all regulatory licences necessary for their operation M4 Regulatory licensing

Termination of accreditation

Termination is for a minimum of six months and re-entry into the scheme can only be following the successful completion of an enhanced audit

Failure to conduct a second Enhanced Audit as requested by the FORS Compliance team Fleet operators must complete two enhanced audits within the six month probationary period if suspended FORS T&Cs 15.1.2 Time of suspension will be until the Enhanced Audit is passed and the company receives confirmation of this

If you have any concerns or queries about compliance with the FORS requirements please contact the FORS Compliance team on compliance@fors-online.org.uk