Maintenance investigations: questions - GOV.UK

2022-04-02 09:42:51 By : Mr. Yi Ming

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This publication is available at https://www.gov.uk/government/publications/maintenance-investigation-visit-report-mivr-guidance/maintenance-investigations-questions

Legal entities include limited companies, charities, voluntary groups, partnerships, public authorities, or sole traders.

The operator must hold the licence under the correct legal entity and must notify the Traffic Commissioners for Great Britain of any changes to the legal entity within 28 days.

An operator that has changed their legal entity will need to apply for a new operator licence.

The examiner will check that legal entity details and directors listed on Vehicle Operator Licensing system (VOL) match the records on Companies House.

In the case of sole trader or partnership entities, the examiner should make enquiries with the operator to confirm that the legal entity is correct and up to date.

The examiner will contact the Traffic Commissioners for Great Britain if the legal entity is incorrect. The traffic commissioner will confirm if the operation can continue. The examiner must tell the operator they are operating illegally.

Under these circumstances the examiner will continue the investigation and report all the facts to the Traffic Commissioners for Great Britain.

This is the number of vehicles and trailers at operating centres that are in scope of this investigation.

Where possible, carry out an unannounced inspection of the operator’s vehicles and trailers. On the maintenance investigation report form, the word “vehicle” refers to vehicles and trailers.

The purpose of the fleet check is to work out if the operator’s maintenance system is effective in making sure vehicles are used in a roadworthy condition.

The examiner must inspect enough vehicles need to establish the general condition of the fleet.

The scope of the investigation could:

Vehicle inspections should be as detailed as possible, based on the available inspection facilities.

The examiner can include operator-owned trailers and third-party trailers where the operator is responsible for the trailer at the time of the visit in the fleet check.

Where possible the inspection should cover vehicles and trailers of a range of different types, of various ages, and at different stages in their inspection and annual test cycle.

The minimum number of vehicles the examiner should inspect as part of an investigation:

This is a recommended minimum. The examiner may need to change the number of vehicles they inspect depending on the circumstances.

An operating centre with 3 vehicles and 6 trailers will be considered to have a fleet of 9.

The vehicle examiner must be satisfied that the threat to road safety has been mitigated by the extent of the fleet check carried out If serious defects are found during the fleet inspection.

The examiner should make a short-notice appointment if vehicles are unavailable for an unannounced inspection. They should use full inspection facilities where possible.

Examiners will not usually inspect or prohibit vehicles under repair or vehicles that are partially dismantled awaiting spare parts.

When an operator is carrying out limited repair work and the vehicle looks like it was last used on a road in a dangerous condition, the examiner may carry out an inspection and take prohibition action for dangerous defects that existed before the repair.

The examiner will note that the vehicle was off the road and stated to be under repair on the prohibition and include this note in their investigation report.

This also applies to any vehicle which the operator claims has been withdrawn from use pending disposal.

The examiner may inspect vehicles that do not come under operator licensing if there is cause for concern and report the results to the traffic commissioner.

Vehicles which are out of the scope of operator licensing (for example light goods, agricultural or small passenger carrying vehicles) but are controlled by the operator, may also be inspected where there is cause for concern, and the results reported to the traffic commissioner.

The examiner should record all notices (clear and prohibition) against the operator licence number, even though these vehicles are not on the operator licence

The examiner should note any prohibition they issue to a vehicle in the ‘out of use’ or ‘out of scope’ in Question 10a.

The operator compliance risk score does not consider vehicles that are out of scope.

The fleet check table must show all vehicles and trailers inspected at the fleet check.

The examiner must record the vehicle inspection against the most serious action level on the table, making it clear whether the prohibition was S marked.

The examiner will assess prohibitions issued at the fleet check at Question 10.

The operating centre is where the operator normally keeps authorised vehicles when not in use. When applying for an operator’s licence, the applicant gives the address of the proposed centres and information about the numbers of trailers and vehicles they’ll keep there.

The operator needs to show that the operating centre:

The examiner will check the current operating centres against authorised operating centres recorded on the vehicle operator licensing system (VOL), including a check of licence undertakings and conditions which may be relevant to the individual sites.

Any breach of undertakings or conditions is assessed in Question 12.

The operating centre is where the operator normally keeps authorised vehicles when not in use. When applying for an operator’s licence, the applicant gives the address of the proposed centres and information about the numbers of trailers and vehicles they’ll keep there.

The operator needs to show that the operating centre:

The examiner must check current operating centres against authorised operating centres recorded on the vehicle operator licensing system (VOL) and the vehicles authorised to be parked at that centre.

For third-party operating centres shared by several operators, the examiner should check that the operator has adequate parking arrangements in place with the owner of the premises or land.

Record sampling must be representative of the fleet of vehicles included within the scope of the maintenance investigation, which may involve checking records from various operating centres.

The examiner can carry out record sampling that:

The sample should also include records covering different types of maintenance provider the operator uses, such as:

The sample should also include records that cover a range of vehicle or trailer types, such as:

The examiner will carry out detailed record analysis for the last 12 months using the safety inspection period calculator and analysis tool (SIPCAT), which will help to identify trends, strengths or weaknesses within the operator’s maintenance system.

The examiner must check a minimum number of vehicle files based on the number of vehicles in scope of the fleet inspection. A ‘file’ is all relevant maintenance documents for a vehicle or trailer.

The examiner will increase the sample size if there are significant problems so that they can establish if there is a systemic issue or if these are just isolated problems.

Where possible, the examiner will check all files for encounters that have resulted in a prohibition notice. The encounters the examiner will check are for the most recent out of:

The examiner will check files since the issue date of the operator licence if this is less than 15 months ago.

The examiner will carry out detailed record analysis for the last 15 months using the safety inspection period calculator and analysis tool (SIPCAT) to help work out the root cause of any prohibition defects.

Examiners must check a minimum number of vehicle files based on the number of vehicles in scope of the investigation and the number of prohibitions issued to the operator in the last 15 months. A ‘file’ is all relevant maintenance documents for a vehicle or trailer.

Where the Driver and Vehicle Standards Agency (DVSA) has issued any prohibitions to the operator in the last 15 months, the examiner should check all prohibition (PG9) files where possible. They should check a random sample of files as well if the number of prohibition files is less than the minimum file sample for the fleet size.

The examiner will assess inspection and maintenance records against the recommendations in the guide to maintaining roadworthiness.

The safety inspection record must include:

All details should be legible.

Additional requirements for electronic systems:

Completion of inspection and maintenance records should be assessed against the recommendations in the guide to maintaining roadworthiness.

Safety inspections must include items covered by the MOT test (also known as ‘annual test’).

Any work carried out as a result of safety inspections must be recorded.

Operators must keep a complete set of safety inspection records for at least 15 months for all vehicles, including vehicles that have been removed from an operator licence.

The operator must have fully completed safety inspection reports for each safety inspection for both vehicles and trailers. The operator does not need to keep a paper version if they store the safety inspection report electronically.

Important features of a computerised system:

Every safety inspection must assess the braking performance of the vehicle or trailer. There are 4 ways to check brake performance at a safety inspection:

A road test to check brake performance for all planned safety inspections is not enough to provide a satisfactory assessment throughout the year.

Operators should complete at least three successful brake efficiency tests for each vehicle or trailer spread throughout the year as well as the MOT test.

The safety inspector must record how they tested braking performance on safety inspection reports.

Operators must make sure that safety inspections are carried out at the intervals specified on their operator licence and that the inspection intervals meet the operational needs of the vehicles being used.

When deciding how often to inspect a vehicle, operators should consider the:

Operators need to monitor the results of safety inspections to make sure their safety inspection intervals are effective and that vehicles are used in a roadworthy condition.

First-use inspections are essential for operators who lease, hire or borrow vehicles. These are especially important where vehicles and trailers have been off the road for some time.

Operators must keep a complete set of safety inspection records for at least 15 months for all vehicles, including vehicles that have been removed from an operator licence.

The operator must plan the dates when safety inspections are due. They can use a manual or digital system.

Manual systems can use a simple planner or wall chart to identify inspections, annual tests and calibration dates at least six months in advance.

Digital systems should also contain this information and can also automatically schedule from the last inspection.

When a vehicle is declared off the road (VOR) the operator must record this on the vehicle maintenance file, stating the date and reason.

The operator must have a robust system in place to make sure they do not use vehicles with VOR status. This is particularly important when the vehicle is unsafe.

An operator can suspend the safety inspection schedule for a vehicle if the period of VOR extends over the next planned safety inspection. Operators often use this for seasonal-use vehicles or vehicles that need extensive repairs.

Operators can only bring a vehicle that has VOR status and has missed the scheduled safety inspection back into service after a safety inspection confirms that it is roadworthy. The operator can reschedule future regular inspections based on the date of this inspection.

The examiner should check a sample of VOR records and compare this against records of actual vehicle usage, which could include tachograph records, vehicle telematics or vehicle schedules. An operator can legitimately move a vehicle with VOR status before it’s brought back into service, for example for a journey to a maintenance facility, MOT inspection or road test after repair.

The examiners should check VOR records, including removed vehicles to establish what vehicles are being used and compare to the operator’s records.

If the operator has no VOR records, the examiner must establish whether the operator is aware of the requirements and has a robust system in place.

Operators must act promptly to make sure rectification work is carried out if they receive notification of a safety recall for a vehicle from a manufacturer. This will remove the risk that the potential defect may cause the vehicle to become unsafe to drive or break laws.

Operators must record a vehicle safety recall notification and evidence of rectification on the vehicle maintenance file.

Operators must have a robust system in place to make sure:

Operators should normally carry out rectification work at the next scheduled safety inspection, unless parts are unavailable or there is a long lead time for the manufacturer’s workshop.

The operator should take a vehicle out of service immediately if the recall notification is urgent until the safety recall is actioned. They should get advice from the manufacturer about the nature and severity of the recall.

Operators should be aware of how to:

The examiner must find out if the operator is aware of safety recall requirements and has a robust safety defect system in place, if the operator has no safety recall records or defects.

By law, all public service vehicle (PSV) operators must report any incident involving a failure or damage which affects the safety of the passengers or other road users to the Driver and Vehicle Standards Agency (DVSA). They must use the Report an incident involving your organisation’s bus or coach form, also known as the PSV112.

If no reportable incidents or recalls exist, the examiner must find out if the operator is aware of PSV112 incident reporting requirements and has a robust incident reporting and vehicle recall system in place.

A driver or responsible person must carry out a daily walkaround check, preferably immediately before a vehicle is used.

Drivers must be well-trained and given clear written instructions about their responsibilities

The driver is always legally responsible for the condition of the vehicle while in use. Therefore, conducting a daily walkaround check is an important part of a driver’s job. Operators can arrange for a responsible person to carry out the daily walkaround check. At least one walkaround check must be carried out in any 24-hour period of vehicle use.

It is good practice to have ‘nil defect’ reports as they are a useful means of checking that drivers are carrying out their duties and these forms can be used for audit purposes. A ‘nil defect’ reporting system shows that someone has carried out a walkaround check and is a positive report that the vehicle is free from defects.

A traffic commissioner may ask an operator to use a ‘nil defect’ reporting system. Where applicable this should be assessed in Question 12a.

Drivers must promptly report any defects or symptoms of defects that could adversely affect the safe operation of vehicles.

The driver or someone responsible for recording defects must write a report of any defects found during the daily walkaround check, while the vehicle is in use or on its return to base.

The details recorded should include:

The daily walkaround check can be done using a handheld device, and the results stored digitally.

This can include devices like tablets or smartphones, which can be given to the driver or allocated to the vehicle.

The system should also include:

Drivers should give all defect reports to a responsible person with enough authority to take appropriate action, which may include removing the vehicle from service immediately.

For any defects the operator does not need to repair immediately, the operator should keep a record of why this is with the defect report.

The operator must keep any manual or electronic report listing defects for at least 15 months, along with details of the rectification work and repairer.

Owner-drivers may not have anyone to report defects to, so they should record defects and repairs when they are found and rectified and keep the records for at least 15 months.

Operators are responsible for the condition of vehicles and trailers that are inspected or maintained for them by agents, contractors or hire companies.

Operators who have contracted out their safety inspections must draw up a formal written contract with an inspection agency or maintenance provider and keep a copy of the contract on the maintenance file.

Operators must have a written contract that sets out the details of the vehicles covered, inspection interval and the work the contractor will carry out.

The current maintenance contractors must be up to date and match vehicle operator licensing system records.

Operators must update the vehicle operator licensing system (VOL) with any changes to arrangements for safety inspections.

Not applicable (N/A) for operators that only have in-house inspection and maintenance arrangements.

Operators who carry out their own safety inspections must have the right tools, facilities and staff for the size of the fleet and type of vehicles operated.

All operators should have access to a means of measuring brake efficiency and setting headlamp aim. Operators should use a diesel smoke meter to test the level of smoke emission from vehicles showing signs of visible exhaust smokes to make sure the level of smoke emission is within legal requirements.

Operators that provide their own safety inspection facilities for contracted inspections must make sure that they are suitable.

Operators are responsible for the condition of vehicles and trailers that are inspected or maintained for them by agents, contractors or hire companies.

Operators must make sure that the facilities the contactor uses are adequate and that the staff are competent. They should make sure that the contractor uses up-to-date information and has suitable inspection sheets.

Operators should review maintenance records and have a means of regularly monitoring the quality of work provided by the contractor.

Facilities for both in-house and contracted maintenance should include:

Someone who carries out safety inspections must:

They need to be trained in:

They must have a good working knowledge of the DVSA inspection manuals for the types of vehicles they inspect.

A safety inspector can also prove that they are capable of carrying out safety inspections through experience gained over time. They must keep their skills and knowledge up to date.

It’s recommended that your maintenance staff either:

There must be enough maintenance staff to inspect the fleet and maintain it in a roadworthy condition.

A safety inspector should not be expected to carry out repair or servicing work during the examination. They should list repair work and this should be done after the inspection is complete.

The examiner must establish whether the operator’s maintenance facilities or arrangements are satisfactory. They should record an unsatisfactory outcome if they cannot determine whether contracted maintenance arrangements are adequate.

The examiner should review MOT test results to establish whether maintenance standards are satisfactory. Failure of safety-critical defects, multiple failure items, multiple retests and repeated pass with rectification (PRS) failures would indicate poor maintenance standards.

The examiner will consider management unsatisfactory if a vehicle or trailer has been operated without a statutory annual test or with the incorrect test class certificate.

The examiner will set the investigation reason to most serious infringement (MSI) if the operator has been or is reported for prosecution for this offence, which will automatically default to report the operator to the traffic commissioners.

If prosecution action is not being considered and if there is clear evidence that a vehicle or trailer is deliberately being used without the correct annual test , this should be reported directly to the Traffic Commissioners for Great Britain.

The examiner must use final fail rate percentage for this assessment by removing pass with rectification (PRS) failures from initial test fail rate.

Prohibitions or variations are assessed in Question 10a.

The examiner will enter “not known” if there is no record of test history. The examiner must add comments to the maintenance investigation visit report.

The operator must make sure that any emissions control equipment fitted to the vehicles they operate meets the manufacturers’ standards and is always in working condition. Unless the vehicle has type-approval, the operator cannot fit any other equipment to the vehicle or remove any equipment in order to reduce the effectiveness of the original fitted systems.

The operator must have a system in place to make sure wheels are securely fitted to vehicles and trailers. The system needs to include effective daily monitoring of wheel security and ensure correct wheel fitment maintenance and torquing procedures are followed.

The operator must have arrangements in place to ensure the vehicles’ tyres are legal, safe and effectively managed.

The system needs to monitor that:

Operators must notify the Driver and Vehicle Standards Agency (DVSA) if they change the size of tyres, load indices or whether they are fitted in single or twin formation using the form to either:

Operators must also get the tachograph recalibrated if the tyre size change is on the drive axle.

Operators can get more information from the British Tyre Manufacturers’ Association guide to tyre management and maintenance on heavy vehicles.

The assessment should look for tyre management systems that are in place and assess their effectiveness by reviewing tyre failures and encounters resulting in tyre-related prohibitions.

Operators need to make sure that everybody in the transport chain is aware of the rules set out in the Department for Transport code of practice: safety of loads on vehicles, and that appropriate load security arrangements are in place for all vehicle types and goods carried.

There is guidance for vehicle operators about load securing.

The operator should make sure drivers and any staff who are involved with the loading, transportation or unloading of the vehicle are appropriately trained for the types of loads, securing systems and vehicles used.

The training needs to include:

To get an accessibility certificate:

A local service is a bus service where passengers are carried at separate fares over short distances. The route can be of any distance, as long as passengers can get off within 15 miles of the point where they boarded the vehicle.

Most local services operate to a timetable and are registered with the traffic commissioner. Some services are exempt from registration, such as local authority education provider school services and rail replacement services.

Passengers can pay fares to:

Some home to school and rail replacement services may have a temporary exemption from PSVAR. The exemption certificate (also called a ‘special authorisation’) must be kept on the vehicle or with the driver. Operators must follow the conditions of the exemption.

A scheduled service uses one or more buses or coaches to carry passengers:

The operator must have a robust system to make sure vehicles used on local or scheduled services meet PSVAR, if the vehicle can carry more than 22 passengers.

The examiner should carry out sample checks on vehicle technical records, compared against route allocation, to establish that:

The examiner should inspect vehicles that have to meet PSVAR and their maintenance records to check if:

Drivers or staff who deal directly with or help the public when they are travelling must be trained in disability awareness and assistance (Article 16 of Regulation (EU) No 181/2011).

They must follow accessibility regulations for buses and coaches.

Training of staff that deal directly with the travelling public includes:

Training of staff directly assisting disabled persons and persons with reduced mobility include:

The examiner must assess all roadworthiness prohibitions issued during the sample period.

These include the operator’s roadside enforcement encounters, the current fleet check and prohibitions issued at annual test.

For third party trailers where the operator was not responsible for the safety inspection, the examiner must check if the driver would not have been aware of the defect either with a walkaround check, system warning or by towing the trailer.

The encounters the examiner will check are for the most recent out of:

The examiner will record the sample period in Question 10b.

The examiner must check any prohibitions and records reviewed by a desk-based assessment by the Driver and Vehicle Standards Agency (DVSA) remote enforcement office as part of the prohibition assessment.

Against each defect, it is necessary to categorise its significance in terms of roadworthiness compliance and maintenance as follows:

Roadworthiness prohibitions, both immediate and delayed, should be endorsed ‘S’ if, in the examiner’s opinion, any of the defects which led to the prohibition were an indicator that there is significant failure of roadworthiness compliance. These are defects that the operator and driver should have been aware of through any or all of the following circumstances:

The ‘X’ category, for defects(s) not considered to be maintenance related, is appropriate for defects of an entirely random failure nature such as a lighting bulb failure or a new fracture in a road spring leaf, where it is also apparent that it would not have been noticed by the driver.

The defect is not endorsed when it is not possible to determine whether a defect is attributable to poor maintenance and whether or not the operator, driver or the maintenance arrangements are at fault.

An investigation generated from a roadworthiness most serious infringement (MSI) must be reported to the Traffic Commissioners for Great Britain, regardless of the maintenance investigation outcome.

A roadworthiness MSI is a penalty or conviction incurred by the transport manager or operator as a result of using a vehicle with a dangerous defect associated with either brakes, steering, wheels, tyres or suspension. A category 1 ‘S’ endorsed prohibition would generate an MSI investigation.

The examiner must confirm prohibitions that have been endorsed either ‘S’ or ‘X’ by checking the operator’s records and maintenance system.

Prohibitions which have not been endorsed can be given an appropriate endorsement assessment (S or X), with supporting evidence from a review of the operator’s maintenance records and system during this investigation.

The examiner should note details of any confirmed prohibition endorsement, or amendment to the endorsement marking in the comments on the MIVR (Q10a).

The examiner should review the prohibition history over the sample period to confirm that prohibitions have been issued on multiple occasions for safety critical defects.

Vehicles on UK roads could be targeted or stolen by individuals for use in an attack.

The operator should have systems in place to promote a good security culture and help keep vehicles secure and employees safe.

The system needs to include:

Effective security measures at operating centres and maintenance facilities can help to create a controlled environment which will encourage positive security behaviours amongst staff and act as a deterrent, protecting the facilities and assets from theft and other potential criminal activity.

Basic security measures can help prevent unauthorised access to a vehicle when it is left unattended at unsecured premises, for example maintenance workshops or operating centres.

Having clear signage in place can discourage unwanted access by vehicles and people. Security measures can include:

fitting locks or tamper-proof seals to lockers and equipment boxes

controlling access to operating centres with appropriate security arrangements, such as fences, gates, security codes

storing vehicle keys in a secure locker with security codes, not left in vehicles or on hooks in the office easily accessible to anyone

Operators and drivers should follow:

Drivers should visually check their vehicle at the beginning and end of their journey.

Also, whenever they leave or return to their vehicle, they should look for any signs that something has been concealed or the vehicle tampered with.

Vehicles should not be left unattended at the roadside with the ignition running.

Ignition keys should not be left in the vehicle whilst the driver is not present.

Alternative security measures should be considered for vehicles not requiring an ignition key.

Security measures should be put in place at bus and coach stations to prevent unauthorised access to vehicles.

Drivers and bus and coach operators should report any concerns about unusual behaviour that occurs on or close to their vehicle.

Vehicles on UK roads could be targeted or stolen by individuals for use in an attack.

The operator should have procedures in place to promote a good security culture in their organisation and help keep employees safe.

Operators can follow security guidance for goods vehicles and drivers.

A security culture is a set of values, shared by everyone in an organisation, that determine how people are expected to think about and approach security.

Operators should carry out robust pre-employment checks for all employees. There is advice on employment screening from the Centre for the Protection of National Infrastructure.

A security plan is the cornerstone of a secure goods vehicle operation and sets the basis for strong security behaviours, culture and practice. A company security plan, which can take the form of a risk assessment, should cover the items listed in the guide referenced below.

The examiner needs to check any conditions or undertakings on the licence.

The examiner should review the last public inquiry or previous maintenance investigation report (MIR) or remote enforcement desk-based assessment (DBA), within the past 5 years, to establish whether the operator has previously been made aware of any of the current shortcomings identified in this investigation.

The review should look at any assurances given by the operator to address the issues raised and check that the operator is complying with any undertakings or conditions on the licence.

The examiner should assess any written decisions from a public inquiry and any responses by the operator to requests for explanation (RFE) resulting from previous maintenance investigation reports or remote enforcement desk-based assessments.

Not applicable if there are no previous investigations or public inquiries.

Operators with a standard licences must have a transport manager who has a certificate of professional competence (CPC), acquired rights or other qualifications accepted by the traffic commissioner.

The operator must correctly specify the transport manager on the operator’s licence.

There should be a genuine link (be employed or contracted to work for the operator) with the operator and the transport manager should be senior enough within the operation to make decisions relating to their responsibility.

Part-time transport managers that have certificate of professional competence (CPC) holders should devote the required number of hours to the operation.

Operators must follow the traffic commissioner guidance for transport managers.

Not applicable if the operator has a restricted licence.

**Checks would have to be made with the Traffic Commissioners for Great Britain before ‘yes’ is chosen.

The transport manager should carry out continuous professional development (CPD), as well as having a certificate of professional competence (CPC) or acquired rights.

The responsible person should also carry out CPD to make sure they are able to carry out their duties effectively, such as operator licence awareness training.

CPD can take many forms such as:

For CPC holders, if it has been more than 5 years since the last CPD was undertaken the starting point for evidence would be the completion of a 2-day transport manager CPC refresher course, run by a trade association (including Logistics UK, RHA, British Association of Removers, and Confederation of Passenger Transport), a professional body (including the Institute of Transport Administration, the Chartered Institute of Logistics and Transport, the Society of Operations Engineers and IRTE) or an approved exam centre offering the relevant transport manager CPC qualification for the type of licence held.

Transport managers will need to provide evidence of their continuing professional development when an operator:

The responsible person must attend a suitable course such as example operator licence awareness training if there is no evidence of CPD within the last 5 years.

The transport manager or responsible person should prove any CPD and evidence should be available.

Transport managers must follow the traffic commissioner guidance for transport managers.

The transport manager must effectively and continuously manage the operation.

Transport managers must follow the traffic commissioner guidance for transport managers.

A ‘responsible person’ should have a position in the business which enables them to manage the operation effectively in the same way as a transport manager

The role should include the following responsibilities to make sure operators follow the law and keep vehicles safe and in good condition:

The transport manager/responsible person assessment should be made once a full review of the maintenance system has been carried out.

It shall also consider if the transport manager/responsible person has obstructed the investigation or provided false or misleading information.

Does the response received to a request for explanation (RFE) satisfactorily address the reported shortcomings?

The request for explanation response should be received within 14 days from the date the maintenance inspection visit report was provided to the operator. Exceptionally, a further 7 day extension may be allowed for the operator to respond but justification will need to be detailed in the maintenance inspection visit report.

The assessment will be made based on the detailed content of the operator’s reply. The operator may not be able to give evidence of the solutions to all the issues during the request for explanation response timescales. Suitable assurances will be accepted and where required confirmed at a later date.

The recommended action for the examiner to report the operator to the traffic commissioners will not change even if the request for evidence response is satisfactory.

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