If your advice about the safety of vehicles or drivers is being ignored, what should you do?
If you know there’s a conflict between winning customers and being compliant, how should you respond?
At a recent public inquiry, North West Traffic Commissioner Simon Evans said it’s “scarcely possible” for any transport manager to have continued, effective control over transport operations in these circumstances.
He was dealing with a CPC holder who said he’d spoken to his company director about vehicles being operated with AdBlue emulators. But the cheat devices weren’t removed immediately.
Despite the transport manager knowing about this, he only took action himself a year later – by resigning from the role to take up another position in the business. He had hoped things would change before then.
The Traffic Commissioner outlined the actions which should take place in this situation:
First, notify the operator in writing.
If the matter is not resolved, take appropriate action.
In certain cases, this may include resigning, rather than staying on the licence and attempting to carry out the required duties when being prevented from doing so by an employer.
Darran Harris Solicitor & Director of CheckedSafe says
” This case highlights the unusual position a Transport Manager can find themselves in. The Transport Manager has, like all employees, duties to their employer but unusually the TM also has independent duties to the regulatory authorities that override their duty to the employer. If there is any conflict between the 2 positions then the duty to the regulatory bodies supersede the duty to the employer.
Effectively the TM’s obligations make the TM a whistle-blower for any safety and compliance failing with the operator. This is an invidious position for a TM who will feel conflicted between the employer who pays their wages and their professional obligations as a TM. In such circumstances as the Judgment says all the TM can do is follow the advice set out by TC Simon Evans”.
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