I recently led a delegation of RHA members in Northern Ireland including representatives from Oliver Transport, Bondelivery, McCulla Ireland and Blair International to meet with officials of the Driver & Vehicle Agency and the Department for Infrastructure to discuss growing concerns within the region that the DVA and Department are not effectively regulating the industry within NI.
Recent events have highlighted that serious problems remain within the NI transport sector and the Department and DVA are failing to ensure proper and effective regulation against rogue operators who continue to float the law and these fears were not allayed during the meeting.
A number of specific issues were raised by the delegation including:
• The lack of targeted enforcement by DVA Enforcement on operator’s who appear not to be established in NI in accordance with EC Regulations and in particular operators licensed in other Member States who are operating and based within NI and foreign based operators who had goods vehicle operator’s licences within NI but were operating their vehicles from outside the jurisdiction in an apparent attempt to avoid the need to pay the HGV road user levy, get around cabotage provisions and to protect themselves against potential effects of Brexit.
• Concerns surrounding the apparent lack of understanding, guidelines or training for enforcement staff on combined transport under EU Council Directives.
• The apparent confusion in relation to the number of NI based operators who have allegedly committed Most Serious Infringements in GB with these not apparently being effectively communicated to the TRU to consider the impact on an Operator’s or Transport Manager’s repute.
• The long delays in regard to operator licence applications if a hearing or Inquiry is deemed appropriate and the significant impact this is having on businesses wanting to invest or expand. It’s estimated there may be in the region of nearly 100 cases pending some form of Inquiry or hearing.
• Concerns in regard to the Department’s non-compliance with various EC requirements.
• Recent enforcement action on operators who had sufficient margins on their operator’s licences and had hired a vehicle for less than a month and despite this being acceptable as stated on the back of the operator’s licence cases were still being taken with a view to prosecution with operators being told that vehicles must be specified immediately.
• The lack of effective and meaningful engagement by the Department and DVA with the sector.
Tough Talking
The delegation “didn’t miss and hit the wall” during the discussion in regard to the DVA’s and TRUs inaction and the impact this is having on the sector within the province on fair competition, the environment and road safety. This is seriously undermining legitimate hauliers businesses and keeping rates at unsustainable levels threatening the viability of long established businesses who employ thousands of staff.
The feedback from members in attendance afterwards was extremely positive with the following quotes:
• “I thought the response from the Dept around the lack of enforcement was very poor.”
• “The department should be somewhat red-faced that they were shown not to be acting proactively in virtually every area that was on the agenda.”
• “I believe we all came across as speaking with a united voice telling the department that they need to get their finger out and address the rogue operators out there who are tarnishing the reputation of Northern Ireland operators, whilst also competing with an unfair advantage against us.”
• “It’s ironic that we’re talking about the same issues that were discussed 15 years ago and despite the increased funding DVA got for enforcement through the vehicle test fees, the introduction of the Goods Vehicle Act in 2012 and the establishment of the TRU the only thing that has changed is that the industry is paying more and getting less.”.
• “Well worth the effort of attending, a good constructive meeting and without doubt has applied pressure on the relevant departments to sit up and take heed! They need to start coming back with some tangible answers to the issues very well highlighted by all who attended. Hopefully progress will be made in the very near future!”
Positive Points
Commenting, RHA National Chairman, Ashley McCulla, said: “It’s superb that the RHA’s policy team is able to help us, the legitimate/compliant hauliers to get our points across to the authorities.”
The delegation welcomed some positives including the TRU proposals to recruit officials (Existing Deputy Traffic Commissioners in GB) on a temporary basis from GB to preside over Public Inquiries and the reintroduction of the NI Freight Forum however the delegation pressed for a longer term solution with possibly the establishment of a Traffic Commissioner in NI.
Despite this, there remains considerable work to be done by Government in ensuring effective regulation of the sector within the province and this needs to start by ensuring the Department complies with a number of EC regulations and directives.
I intend to engage directly with all relevant Government Departments within NI to represent our members concerns to ensure accountability and effective regulation. Now that I’m settled into my new role as the RHA Policy Manager for NI, members can be assured they have someone who has an unrivalled insight into all aspects of transport including regulatory, compliance, testing or licensing matters who can comfortably engage or challenge Government bodies where necessary.
This will take the level of representation for members within NI to a new level. If you wish to discuss any issues of concern or feel the RHA could assist you with your business feel free to contact us.
