The issue of relying on self-employed drivers has surfaced again at a public inquiry, with the traffic commissioner determining that a Spalding international operator was no longer in control and lacked continuous management.

Nored Transport, which held a licence for six HGVs and three trailers, appeared before Eastern region TC Richard Turfitt after one of its drivers told the DVSA at the roadside he was in control as a self-employed driver and invoiced the firm for his services.

In response to the DVSA’s subsequent inquiries, the operator admitted its drivers were engaged on a self-employed basis, or a limited company contractor basis.

A DVSA traffic examiner then began an investigation into the firm and found drivers were employed on a contract basis as limited companies and identified a lack of management control and inadequate disciplinary procedures. Drivers’ hours offences were also identified among several drivers

Nored Transport then attempted to begin moving drivers into PAYE employment, and at a preliminary hearing the operator said two had eventually agreed, with another two leaving for work at other companies.

The TC accepted that the operator had struggled as a result of being let down by its drivers: “This is a case where the behaviour of the drivers described by the operator risked the impression that they thought they could be in control,” he said.

“Where a transport manager finds himself overridden, then he can expect his repute to be put at issue. However, the record keeping was also far below the required standard.

“This was very far from effective and continuous management.”

Its licence was revoked.

Further information:

https://www.commercialmotor.com/legal-news/article/limited-company-drivers-under-tcs-spotlight