INTERVIEW The Transport Secretary also wants to focus on HGV


drivers and the intention is to double the number of points a trucker would get to six. It all sounds fair and reasonable, except for the problem


of enforcement. The RAC pointed out that the number of traffic police officers in England and Wales declined by 23% between 2010 and 2014 – a reduction of over 1,279 officers. That leaves the Government with no alternative but to hope that the threat of the punishment will be enough to make most motorists think before messing with their mobiles. It’s not the best way to tackle a growing problem.


AH: Are there any changes you would like to see introduced? AK: As a motor transport solicitor, I would like to see more consistency with prosecutions across the EU in order to make it a more level playing field for all European companies and drivers. There’s lots I could say but put simply the transport


industry needs better regulation, not more regulation. The Senior Traffic Commissioner has recently revised the


Statutory Guidance that sets out the approach and legal basis that Traffic Commissioners take when dealing with errant operators and vocational drivers. This is really helpful for transparency and consistency of approach. Finally, this year, the process of applying for and obtaining a licence online from the Traffic Commissioner is also to be introduced. More use of guidance and IT in legal application would be welcome. The legal profession is constantly evolving and in terms


of the future, I’m particularly concerned by what has been the gradual erosion of access to justice and the reductions in both civil and criminal legal aid, together with the cuts to court services and court closures and rising costs of justice. At least the Government saw fit to do a U turn on the Criminal Courts Charge, scrapping it before Christmas.


AH: There have been calls to lower the drink drive limit in England, Wales and Northern Ireland to that introduced in Scotland (50mg/100ml instead of 80mg/100ml). What is your stance? AK: This is such a divisive subject, and a confusing one if you believe the results of several surveys that have been released. The real question for me has to be is the limit reduction in Scotland actually working? In the first three months of 2015, there were 1,337 offences recorded for drink and drug driving in Scotland, compared with 1,388 in the same period in 2014 – a fall of just 51. Some would say this shows that the lowering of the limit has virtually no impact on the number of criminal offences. Of course, the true impact of the changes should


become clearer when the first full-year results are released.


AH: Looking to businesses here in the East Midlands, fleet managers have responsibilities not just for ensuring that vehicles are properly maintained but also for making sure drivers are properly trained and licensed. What are the main pitfalls for fleet managers and how do they differ from grey fleet management? AK: Being a fleet manager is no easy job. Fleet operators have to consider an ever-growing spectrum of legislation, from safety to taxation. Duty of care is paramount and it’s vital that drivers are provided with adequate training where appropriate. Licence checks are a necessity to ensure drivers can


legally drive the vehicle they’ve been allocated. Many fleet managers have had to develop new procedures for this following the abolition of the paper counterpart licence. The issue of random drink and drug testing and an annual


medical remains a bone of contention for many. However, the reality is that it isn’t just the driver who could be held liable if they’re caught with drink or drugs in their system. Management of grey fleet drivers differs slightly. The


term refers to those who drive their own vehicle for business use. Arguably, having such drivers can be beneficial for those


firms that don’t have high business mileage. However, on the flip side, they can sometimes be harder to manage, especially when it comes to accidents, mileage and general vehicle maintenance.


24 business network February 2016


Anton is a champion for better regulation of the transport industry


If such a driver is out for work purposes and they have an accident, then the company could be liable.


AH: The East Midlands is at the heart of the UK’s supply chain and we have thousands of HGV drivers passing through the region every day. Is the issue of stowaways still a big one for the industry? AK: Very much so. It may have dropped out of the headlines but it’s still a big issue. This is an area of legislation that we have been involved


in for many years, initially advising the RHA and FTA trade associations on the likely impact for their members. In my view, truckers are being “used as scapegoats” by


the Government to make it look like they’re taking action over the migrant crisis. Most of the financial penalties issued to hauliers and


drivers found with suspected illegal immigrants in their vehicles/trailers are being waived or discounted after being issued. This gives the impression that many of the civil penalty notices are being issued simply to “look busy”.


AH: You have your own website and Twitter account – how much traffic do you generate through those and what are the main questions asked? AK: The increase in technology has been one of the most dramatic changes to the legal profession in recent years. While I may feel tied to my tablet 24/7, technology has streamlined many legal processes and given far more accuracy to our work. I’m now a keen Twitter-user on @KeepMeOnTheRoad, a


tool I find extremely useful for social networking with the industry I represent and also discussing legal issues with the wider public. I publish weekly blogs on topical issues for both


businesses and private and commercial drivers via the website www.keepmeontheroad.co.uk and Twitter. Speeding remains the biggest motoring offence across


the board so, unsurprisingly, a lot of the tweets I get are relating to that. We also have companies and transport managers asking about operator licensing and drivers’ hours and drivers’ Certificate of Professional Competence, together with the occasional legal query over interpretation of regulations. Needless to say I really enjoy those.


‘While I may feel tied to my tablet 24/7, technology has streamlined many legal processes and given far more accuracy to our work’


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