An operator obviously needs a cpc and an operators licence.
If the operator exceeds the vehicles allowed on the ‘O’ licence, what happens?
Are they insured?
And what would be the situation with VOSA?
The vehicles would still be insured, but they would be in breach of the o-licence so could potentially lose it if the Traffic Commissioner found out.
I think if I was working there I’d be job hunting sharpish.
khdgsa:
The vehicles would still be insured, but they would be in breach of the o-licence so could potentially lose it if the Traffic Commissioner found out.
Thanks for that.
Just asking from a drivers point of view.
Muckaway:
I think if I was working there I’d be job hunting sharpish.
+1
Is it true that DVSA can impound/immobilise the offending vehicles?
If so you’d hope they’re paid for.
Provided an application is in for a major variation probably not much more than a wrist slap TBH.
If it was caught without a valid disc at a roadside you can usually blag it, provided there is a valid o-licence in force, as there is a 30 day grace period to put a new vehicle on the licence and they’re known not to be super efficient at sending new discs out.
Provided it can be established the person operating the vehicle holds an o-licence it would be rare for them to impound.
Own Account Driver:
Provided an application is in for a major variation probably not much more than a wrist slap TBH.If it was caught without a valid disc at a roadside you can usually blag it, provided there is a valid o-licence in force, as there is a 30 day grace period to put a new vehicle on the licence and they’re known not to be super efficient at sending new discs out.
Provided it can be established the person operating the vehicle holds an o-licence it would be rare for them to impound.
I tend to agree that it would be unlikely for action to be taken if there is an O licence in operation. However DVSA do have the power to seize vehicles being operated without an O Licence.
One thing that does happen though, are site visits prompted by a vehicle arriving in a check point without a licence in the window. The purpose of the site visit is to investigate further to find out if the operator may have been using more vehicles than licenced for. This can easily be identified via tachograph records and I have experienced this personally. We had to produce hire agreements and evidence to show that we didn’t exceed our O licence entitlement and they did dig deep. This was prompted by a hire vehicle being stopped and no disc in the window. The driver told DVSA he had been driving this vehicle for 3 weeks (which didn’t help). In the end we were OK and everything was as it should be. They were checking to see if we had taken out a long term hire or an open day to day hire. If it had been a long term hire then the vehicle should have been specified on the licence straight away.
All I am saying is any operator who thinks they can get away with it at the roadside is probably right … it’s back at the depot the problem occurs.
Thanks for your post Shep.
Where does the operator stand if he knowingly operates more than is on his o-licence?
Especially if VOSA are involved.
Steve66:
Where does the operator stand ?.
Usually about five feet from the TC or judge! 
^^^^^^ 
Steve66:
Thanks for your post Shep.
Where does the operator stand if he knowingly operates more than is on his o-licence?
Especially if VOSA are involved.
DVSA would refer it to the TC. ultimately it could end in loss of licence, curtailment of the licence or just a suspension of the licence. I would guess loss of licence.
Hi first time poster here, I’ve always wondered if you work for someone who’s had a curtailment/suspension etc where’d you stand in terms of redundancy/benefits etc? If you were not to blame, obviously. Please note I’m not in any trouble, it’s just something that I’ve often wondered when reading the legal bits in truck magazines. Thanks.