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The worse you behave
Page 28
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The guidelines recommend "a series of graduated sanctions", starting with a warning letter (and a satisfactory response from the operator). A Public Inquiry will be recommended if: .,.-!.*. The operator does not act on the warning;
A credible report is received indicating a serious risk to the public or a deliberate flouting of the law;
. There has been a previous Public Inquiry and the problems have reoccurred.
When dealing with new operators the LRB is likely to call them to a Public Inquiry if there are any reports of non-compliance from the VI.
Restricted licence holders may be treated as a special case and the Public Inquiry may be largely educational because they do not need to employ CPC holders. However, they are still expected to comply with the regulations and each case will be dealt with on its merits.
If a case is serious enough to merit a Public Inquiry the guidelines indicate that TCs should consider the following:
• The seriousness of the allegations against the operator; • What action is being taken to remedy the situation;
• The size of the operator's fleet; II The operator's history; • Promised improvements (although the guidelines indicate that these undertakings do not carry as much weight as the other factors).
The guidelines do not include rigid tariffs unless the TO rinds that the 0-licence holder is no longer of good repute; no longer has appropriate financial standing; or no longer shows professional competence. In these case the TO has no discretion—revocation is mandatory.
If the Public Inquiry is being called because of maintenance problems the TC will take any previous warning letters into account. Every operator must respond positively to such a letter: in fact it should be taken as seriously as a letter calling him to a Public Inquiry and professional advice should be sought.