CONNECTED - Issue 10 Spring 2025

BY IN THIS ISSUE:

DRIVING EFFICIENCY, COMPLIANCE & GROWTH With The HATs Group

ENSURING EFFECTIVE HGV VEHICLE CHECKS & REPAIRS

A guide for companies

TALKING COMPLIANCE

ISSUE 10 - SPRING 2025

With the compliance team

REMOTE TACHOGRAPH INSPECTIONS

Should the UK follow Germany’s lead?

CONTENTS WELCOME

2

HGV VEHICLE CHECKS & REPAIRS

3

NEWS ROUND UP

6

CUSTOMER SPOTLIGHT

9

PRODUCT FOCUS

12

LEGAL SOLUTIONS

13

CUSTOMER NEWS

15

VIEWPOINT

17

TALKING COMPLIANCE

19

ISSUE 9 - SPRING 2025

From Managing Director Mark Johnston, welcoming everyone to this Spring issue of CONNECTED ahead of the main trade show season.

Did you know between July and September 2024, the DVSA reported that over 44% of the vehicles they routinely stopped had Category 1 defects? Chris Cuffe offers companies a guide for ensuring effective HGV vehicle checks and defect repairs.

The latest company news from our IT, support, and compliance teams.

Shining the light on our work in the healthcare sector with The Hats Group.

Highlighting ClockWatcher Elite, our flagship tachograph analysis software solution.

Laura Hadzik, Head of Commercial Road Transport at JMW Solicitors, discusses the scrutiny around driver engagement in commercial vehicle operations.

A round-up of our customer’s news and recent successes.

Mark Johnston asks if the UK should follow Germany’s lead on remote tachograph inspections.

A round up of the latest compliance-related news by Marc Caplin.

Get in touch with our team: Customer Support: 0330 333 8788 Sales Team: 0330 333 8789

WELCOME Welcome to the Spring issue of CONNECTED! As we head into the main trade show season over the next few months, this issue will focus on how our integrated range of driver and fleet management solutions support operators across all different sectors within the road transport industry – and why we believe that success isn’t just about having the best technology; it’s also about having the right support to ensure it works for your specific needs, regardless of the size or type of operation.

To illustrate this ahead of the CV Show and Road Transport Expo, we’re shining the spotlight on The HATS Group – a leading provider of patient transport and home-to-school services for children with special educational needs.

Compliance also remains a key focus; Marc Caplin will be sharing all the latest updates and Chris Cuffe will be discussing ‘how you prove you have an effective system’ on pages 3-5. Plus, there’s a roundup of our latest news and updates from our customers.

Operating in a unique sector, HATS shares a common goal with all of our customers; achieving greater efficiency and compliance through digital transformation. Our customer service and IT teams have worked closely with their team to embed solutions tailored to their specific challenges.

We hope you enjoy reading this Spring issue and we look forward to catching up with all our customers and partners at the upcoming shows. In the meantime, please do get in touch if you’d like to be featured in a future edition of CONNECTED or have ideas for technical, legal, or compliance-related stories.

By embracing tools like Asset Maintenance and Driver Defect Check, HATS, as you will see on page 9, is driving operational efficiency across its two rapidly expanding divisions. This collaboration highlights not only the importance of dedicated support but also how versatile and scalable our driver and fleet management systems are for a wide range of operations.

Mark Johnston

Managing Director

Beyond customer success stories, this issue also features legal insights from Laura Hadzik (page 13), who provides timely advice on employment practices – an important topic given the National Insurance changes this month.

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By Chris Cuffe, Aquarius IT Consultant

ISSUE 10 - SPRING 2025

ENSURING EFFECTIVE HGV VEHICLE CHECKS AND DEFECT REPAIRS: A GUIDE FOR COMPANIES Maintaining road safety and vehicle efficiency is a critical responsibility for any company operating Heavy Goods Vehicles (HGVs). The Driver and Vehicle Standards Agency (DVSA) mandates that all HGV drivers conduct thorough daily vehicle checks before setting off on their journeys. Failure to do so can result in serious safety hazards,

penalties, and reputational damage. To ensure compliance and operational efficiency, companies must implement a robust process that guarantees drivers are performing these checks correctly.

You may well assume that your company has robust processes in place, but many will be surprised

1. Ensuring Effective Defect Checking “ Daily walkaround checks are a legal requirement, and operators must ensure they are carried out correctly. A thorough check helps to prevent road safety hazards and costly breakdowns.” – DVSA* Daily vehicle checks are designed to identify any defects that could impact the safety of the vehicle, driver, and other road users. These inspections cover a wide range of components, including but not limited to: • Brakes and air systems • Lights, indicators, and reflectors • Tyres and wheel security • Steering and suspension • Mirrors and visibility • Fuel and fluid leaks • Load security

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by the startling fact that, between July and September 2024, the DVSA reported that over 44% of the vehicles they routinely stopped had Category 1 defects [Category 1– an immediate prohibition, including an immediate brake, steering, or tyre defect], Source: DVSA.

To ensure compliance, companies must educate their drivers on the importance of vehicle checks and provide detailed training on how to conduct thorough inspections in line with DVSA standards.

A structured checklist, aligned with DVSA guidelines, should be used by all drivers to perform vehicle inspections. Digital solutions, such as mobile apps, can enhance accuracy and provide real-time reporting.

How software can help: Digital checklists and mobile applications can streamline defect reporting, ensuring that all required checks are completed and logged accurately. Checks can be customised to meet the requirements of different types of vehicles and provide helpful photographic evidence. Management can monitor compliance in real-time. However, it is still imperative to regularly audit such inspections, as there will inevitably be drivers who find workarounds or simply circumvent their obligations for an easier life.

2. Auditing Defect Checks [Gate Checks]

3. Creating Job Cards from Defects

“ Regular auditing of defect reports ensures compliance and highlights recurring issues that need addressing. Operators should maintain clear records to demonstrate adherence to safety regulations.” – DVSA*

“ Defects must be reported and actioned promptly. A structured job card system helps ensure that faults are repaired in a timely and accountable manner.” – DVSA*

To maintain high compliance levels, companies should implement a structured auditing process for their defect checks. This involves reviewing completed checklists, verifying their accuracy, and ensuring that defects are being reported appropriately. Audits can be performed periodically by management or external auditors to maintain an unbiased assessment of compliance.

Gate checks serve as an additional layer of accountability by ensuring that drivers are conducting proper vehicle inspections before leaving the premises. These random spot checks can be carried out by fleet managers or designated staff to verify that all essential checks have been completed correctly. If deficiencies are found, immediate corrective action can be taken, preventing unsafe vehicles from being on the road.

Data collected from audits can help identify trends, such as recurring defects or patterns of noncompliance, allowing companies to take proactive measures to address underlying issues.

How software can help: A proficient software solution will facilitate the direct comparison of a Gate Check to the last known vehicle inspection by a driver. This provides a digital audit trail that can highlight trends, flag missed checks, and ensure that all records are stored securely for compliance purposes. Most importantly, the results of cross-checking can feed into training requirements for drivers or, at the extreme, disciplinary action.

When a defect is identified, it is crucial to ensure that the issue is documented and actioned promptly. An effective way to manage defect repairs is through a job card system, be it manual or computerised. These documents outline the specific defect, the required repairs, and the assigned technician responsible for fixing the issue.

A well-structured job card system should include: • Vehicle details (registration, fleet number, etc.)

• Date and time of defect identification • Description of the defect • A picture, if appropriate • Assigned mechanic or repair personnel • Estimated repair time and completion date • An approval and sign-off process By formalising defect reporting and repair, companies can ensure that defects are addressed systematically, preventing unroadworthy vehicles from being used.

How software can help: An integrated fleet management system can allow users to generate job cards directly from reported defects, assign tasks to mechanics, and track progress until completion. This ensures that no defect goes unaddressed. For companies using external resources, systems can allocate work to third parties and provide a tracking process, including the storage of all supplied paperwork. The best systems will also allow companies to monitor all associated costs throughout the lifetime of a vehicle.

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4. Auditing Defect Repairs

ISSUE 10 - SPRING 2025

“ Defect repairs should be properly recorded and audited to verify their completion and effectiveness. This is key to maintaining vehicle safety and compliance.” – DVSA* Whilst systems may be in place to highlight defects - and furthermore, that process may include the generation of job cards or worksheets - it is still critical that repairs are carried out to the required standards. Companies should establish a system where all completed repairs undergo a final inspection before the vehicle is released back into service. Regular audits of repair records can help track the performance of maintenance teams, identify recurring issues, and prevent potential failures.

Whilst vehicles will be formally assessed during their PMI every 4 to 13 weeks [depending on vehicle type, age, and usage], it is not sufficient to await the outcome of these checks as some form of defect checklist. In fact, in most cases, any highlighted faults in the PMI should be viewed as a failure in a company’s own defect reporting and auditing processes.

How software can help: Asset Management software can keep a record of all required defect repairs and allow the company to develop highly specific processes for different types of repairs. Systems can also schedule and manage all activities required for a vehicle, such as PMIs, MOTs,

Tax, Servicing, Loler, etc. Records of repairs can be linked to an original defect, allowing auditors to verify that issues were resolved correctly. Automated alerts can ensure that follow-up inspections are scheduled and completed as required.

Conclusion In conclusion, a comprehensive and well-enforced vehicle checking process is crucial for the safety, efficiency, and legal compliance of any HGV operation. By providing proper training, utilising standardised checklists, conducting gate checks, auditing defect checks, implementing job cards, and ensuring thorough audits of repairs, companies can significantly reduce the risks associated with vehicle defects. Ensuring that drivers perform their checks correctly not only protects the business from legal repercussions but also contributes to a safer transport industry for everyone on the road. “ Implementing digital solutions for vehicle checks and defect reporting not only improves compliance but also enhances efficiency. An effective system ensures that all defects are logged, addressed, and audited seamlessly.”

– Aquarius IT Aquarius has known and worked with Chris for more than 16 years; since his early days at Tachosys when he was the Sales and Marketing Director.

Today, using his vast experience of tachographs and software, he works as a freelance consultant alongside the management team at Aquarius.

*Extracts taken from the DVSA guide to maintaining roadworthiness: https://www.gov.uk/government/publications/guide-to-maintaining-roadworthiness/guide-tomaintaining-roadworthiness-commercial-goods-and-passenger-carrying-vehicles

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NEWS ROUND UP TIME FOR THE CV SHOW The CV Show is just around the corner, and we can’t wait to showcase our latest technology-driven solutions for drivers and fleet management! Our team will be on Stand 5B85 in Hall 5 demonstrating how our digital solutions seamlessly integrate to streamline transport operations, enhance safety, and improve communication – free registration here https://www. cvshow.com/

LTS GLOBAL SOLUTIONS BRAVED THE COLD FOR A SHOWCASE AT LYMM HQ Thanks to the team from LTS Global Solutions, who braved the icy weather in January to come up to see us at our new head office in Lymm. It was a great day that enabled us to showcase our new initiatives and discuss joint plans for 2025 – plus they gave us a gift which now sits proudly in our meeting room!

Also at the CV Show, on Tuesday, the 29th April at 11:15am, Marc Caplin will be joined on the Technical Stage by Anthony Tattersall, founder of Darcica Logistics, and Amanda Duffy, the company’s Operations Director. They’ll be discussing the changing face of vehicle maintenance and how smart technology is transforming operations.

Check out the agenda https://www.cvshow.com/cvshow-agenda-2025/no-downtime-vehicle-maintenance See you in Birmingham , and if you can’t make the CV Show, we’ll also be at Road Transport Expo on the 24th-26th June on Stand G40 – register for free here https://roadtransportexpo.co.uk/rtx2025/en/ page/home

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NEWS ISSUE 10 - SPRING 2025

MARK JOHNSTON JOINS 2025 MOTOR TRANSPORT AWARDS JUDGING PANEL For nearly 40 years, the Motor Transport Awards have set the gold standard for excellence in UK road transport, celebrating the achievements of fleet operators, truck manufacturers, and service providers who drive the industry forward.

This year, we’re especially delighted that our very own Managing Director, Mark Johnston, has been invited to join the esteemed panel of expert judges - industry leaders with extensive knowledge and experience who will play a crucial role in selecting the very best.

Mark’s expertise and passion for the sector make him a fantastic addition to the panel, helping to uphold the high standards these awards represent.

Good luck to everyone who has entered!

TACHO MANAGEMENT WEBINAR – OUR BIGGEST YET! A huge thank you to everyone who joined us on Thursday, 20th February for our free Tacho Management Webinar – it was our biggest yet!

Special thanks to Laura Hadzik from JMW Solicitors LLP for providing a legal perspective on compliance requirements, and to Marc Caplin for showcasing how Aquarius systems help operators effectively manage their responsibilities.

We covered key topics including Legal obligations, Comprehensive tacho analysis systems, managing driver infringements, debriefing processes & company policy, addressing missing mileage & unaccounted vehicle movements, managing overspeeds and operator responsibilities.

Stay tuned for more upcoming webinars.

APP UPDATE! PREVENTING BRIDGE STRIKES – KEEPING DRIVERS SAFE

HOPE WE DIDN’T GET YOUR DRONES UP On 1st April, we posted a prank on our socials – did the idea of launching an Automated Driver Walk-Around Drone fool you?

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One of the more recent features added to the Driver Defect App is a vehicle height indicator, allowing drivers to input height values directly into the defect check.

Plus, the check templates can be configured to ensure that a photograph of this information is captured for added verification - giving drivers multiple ways to confirm height details before starting their journey.

“Where’s our Aquarius App?!”

That’s what drivers are asking their employers! Designed with drivers in mind, our App provides real-time access to company info, seamless two-way communication, and easy data recording. No wonder it’s in demand!

Time & Attendance: “One Less Job to Worry About”

SOUNDBITES FROM THE TEAM With our new open plan design at our HQ in Lymm, we love listening in to the customer service team’s conversations, and here are some of our most recent favourites.

Customers are loving our Time & Attendance solution! Custom exports for payroll and holidays are making life easier for transport operators, eliminating manual input and integrating directly with HR.

Asset Maintenance: “Custom-Fit for Any Sector” From general haulage to specialist equipment, our solutions really are built to fit every need. It’s great to be able to offer a fully customisable and scalable solution for even the most specialised of assets!

“Setting Them Up for Success” Noticeable increase in enquiries from new O Licence holders and small operators expanding. From tacho analysis to eSIGN and the Aquarius App, we’re getting them set up for success.

“Where are you guys based?”

We hear this a lot! Despite our accents, we’re not in South Africa, Newcastle, or Essex – we’re in Warrington and Sutton Coldfield, supporting customers across the UK.

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ISSUE 10 - SPRING 2025

CUSTOMER SPOTLIGHT

HATS OFF TO DRIVING EFFICIENCY AND GROWTH Aquarius work across the full spectrum of industries operating in road transport, from heavy haulage, plant and aggregates, pallet distribution, waste services, and more, including healthcare.

It’s healthcare we are shining the spotlight on for this issue of CONNECTED, and Subir Gupta recently sat down with James Hearty, Director of Fleet at The HATS Group.

The HATS Group is a leading provider of patient transport, mental health transport, and home-to-school services for children with special educational needs, and in recent years has undergone a significant transformation in fleet and driver management. James, who led the onboarding process for Aquarius’s Asset Maintenance and Driver Defect Check solutions, shares here how the software has benefited their unique transport operation, which functions as two separate divisions – Ambulance Division (Patient Transport Service) and a Home to Schools Division.

Q: James, can you tell us about HATS Group’s journey with Aquarius?

Absolutely. We started working with Aquarius in 2020 when we were managing a fleet of 250 vehicles. Fast forward to today, and we have over 800 vehicles, transporting over two million passengers annually. Our fleet includes a variety of vehicle types, ranging from cars and ambulances to minibuses and coaches.

When I was searching for a driver and fleet management system, I found

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Aquarius through the DVSA’s Earned Recognition (ER) approved software listings. At that time, Aquarius was the only software supplier approved for both driver (tachograph) and vehicle (maintenance) management. I’ve always had ambitions to go for ER, so from the start I wanted an all-encompassing, connected software solution with a single point of contact for support.

Q: How does HATS utilise Aquarius software across its divisions?

We run two separate systems via Aquarius for Asset Maintenance and Driver Defect Check - one for our Ambulance Division and one for the Home Schools Division. From the outset, we did it this way, so when the time comes it would simplify our compliance process for ER recognition for our Home Schools Division specifically.

Q: How did you manage vehicle maintenance prior to Aquarius?

Previously, our fleet and driver management relied heavily on spreadsheets. Now, with Aquarius’s Asset Maintenance, we can digitally manage, communicate, connect, and report on all aspects of fleet

maintenance – as well as other specialist assets like lifting equipment and medical aids.

The integration with the Driver Defect Check App has also been a game-changer. Defects and Periodic Maintenance Inspection (PMIs) can be assigned to mechanics at the click of a button. We operate two workshops in Croydon and Southwark, with plans to open another in Birmingham. While some maintenance is outsourced, the plan is to bring more in-house thanks to the efficiency gains from Aquarius’s integrated software. This has helped reduce Vehicle Off Road (VOR) incidents significantly.

Q. What about your team?

In relation to the last question, we have a highly skilled team of URTECqualified mechanics, alongside 12-15 Transport Managers who play a vital role in operations, and who have fully embraced the software.

I’d also like to mention that The HATS Group places a strong emphasis on the development of its workforce, ensuring that team members have clear career pathways through training and

apprenticeships – this not only supports their individual growth, but supports our ambitious growth plans too. I know, this commitment to upskilling aligns closely with Aquarius’s ethos, reinforcing our shared focus on investing in people and fostering long-term industry expertise and partnerships.

Q: Working in healthcare, a highly regulated industry, compliance must be a high priority across the whole organisation. How has Aquarius helped with that?

Unquestionably, safety and compliance underpin everything we do.

With Asset Maintenance, the ability to centrally control and generate a full audit trail for company assets requiring periodic maintenance or inspections has transformed our compliance processes.

With our previous paper-based system, manually verifying completed checks across a vast geographical network was a challenge.

Q: The Home Schools Division recently moved to tachographs - can you tell us more about that decision?

Yes, despite legally being able to operate under domestic rules, we decided to introduce tachographs company-wide in our Home Schools Division. This decision was influenced by our aim for ER status and a conversation with the DVSA, who asked, “How do you know how many hours your drivers are working?”

We now use ClockWatcher Elite for tachograph analysis. A major benefit is that it enables us to redeploy drivers from the school division to support our medical transport services. This flexibility helps us balance peak demand periods and ensures we can move vehicles between hospitals as needed.

Q: HATS has expanded significantly in recent years. How has Aquarius supported this growth?

Scalability is key, and Aquarius has kept pace with our rapid expansion. For instance, when we won a 165-vehicle contract in Birmingham, we had to mobilise quickly. Within just nine days, we had the entire operation up and running. Given that we transport patients for lifesaving treatments, delays were not an option.

Our “Can Do” attitude, led from the top by our CEO, means we never say ‘No.’ Our leadership team is hands-on - even our CEO will step in to drive children to school if needed. Aquarius’s software solutions have helped us maintain this level of responsiveness while ensuring efficiency and compliance.

Q: Sustainability is a growing focus in the transport sector. How is HATS addressing this?

We’ve been proactive in introducing electric vehicles (EVs) into our fleet. In 2020, we deployed the UK’s first fully electric ambulance at Great Ormond Street Hospital. Today, we have 20 EV ambulances, and as battery range continues to improve, we are working towards having the first fully electric fleet at one of our NHS Trust contracts.

Q: Finally, what’s your overall experience with Aquarius?

We see Aquarius as a long-term partner.

Their integrated software solutions have streamlined our operations, improved compliance, and reduced our administrative burden. The hands-on support from their team is first-class, and as we continue to grow, we know we have a system and a partner that can scale with us.

Plus, with the defect check function in the Aquarius App - and links to Asset Maintenance - we have a digital record that proves checks have been carried out. This has removed a major administrative burden.

Additionally, with Asset Maintenance (and now ClockWatcher Elite as we discuss later), we have one of the most comprehensive reporting suites, allowing us to prepare for DVSA audits with ease.

Compliance is a top priority for us, and Aquarius’s software solutions ensure we meet the highest safety standards for our staff, our customers and patients.

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PRODUCT FOCUS

ABOUT CLOCKWATCHER ELITE For our new readers of CONNECTED, we wanted to highlight ClockWatcher Elite, our flagship tachograph analysis software solution.

ClockWatcher Elite is a market-leading tachograph analysis solution that has been developed by Aquarius to go beyond mere compliance; by harnessing the latest technology, ClockWatcher Elite facilitates more efficient and smarter working for transport companies of all sizes.

Comprehensive Compliance Management ClockWatcher Elite excels in managing all aspects of driver and vehicle compliance in line with Driver’s Hours’ Law and the Working Time Directive. Its ease of use and robust data management capabilities, ensure that operators can effortlessly manage their legal responsibilities.

Seamless Integration with Business Tools The software integrates effortlessly with mobile and business applications, ensuring that common tasks such as the remote downloading of vehicle and driver card data is as smooth as possible.

Our API capability enhances operational efficiency by reducing manual interventions and potential errors.

User-Friendly Aquarius App ClockWatcher Elite synchronises with the driverdedicated Aquarius App – among the many key features that work hand in hand with the tachograph data are: • eSIGN: Digitally captures drivers’ signatures on infringement documents.

• Time & Attendance: For payroll purposes i.e. sick days and annual leave, ensuring accurate and efficient payroll processing.

Comprehensive Reporting Suite Underpinning these features is an extensive reporting suite that serves as an essential management tool.

This functionality is especially valuable for cross-referencing data, audit preparation, and supporting Earned Recognition, enabling continuous monitoring and enhancement of compliance standards.

“By analysing data in greater depth, businesses can uncover opportunities for improvement, optimise costs, and enhance operational efficiencies – important factors for companies of all sizes.”

Mark Johnston Managing Director

ELITE WEBINAR With record numbers of new customers coming on-board, the Aquarius team, led by Marc Caplin, our Compliance Manager, recently held a webinar on ClockWatcher Elite. If you missed it and would like to watch-back the recording, please contact us via https://www.aquariusit.com/contact

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LEGAL SOLUTIONS ISSUE 10 - SPRING 2025

By Laura Hadzik, Head of Commercial Road Transport at JMW Solicitors

SCRUTINY ON DRIVER ENGAGEMENT IN COMMERCIAL VEHICLE OPERATIONS The engagement of drivers by operators of commercial vehicles - whether lorries, coaches, or buses - has long been under scrutiny by the Traffic Commissioners.

Recently, this scrutiny has intensified. Both the DVSA (through roadside encounters and investigations) and the Traffic Commissioners (via correspondence and hearings) now actively assess whether an operator’s arrangements for engaging drivers comply with regulations.

Operators are expected to directly engage drivers as employees or workers (i.e., ‘on the books’) or to use a bona fide driver agency that supplies drivers to multiple operators. Those found engaging ‘self-employed’ or ‘LTD’ drivers, or misusing agency driver arrangements, must rectify their position or risk regulatory action against their Operator’s Licence.

‘Self-Employed’ Drivers – The Legal Position The DVSA and the Traffic Commissioners’ approach to ‘self-employed’ drivers is rooted in HMRC’s concerns that commercial vehicle operators have incorrectly classified drivers as self-employed or engaged them through personal limited companies (‘LTD’ drivers) in violation of tax laws.

HMRC guidance states that it is ‘very rare’ for a commercial vehicle driver to be genuinely selfemployed unless they are an owner-driver with their own Operator’s Licence and vehicle (i.e., a PAGE 13

subcontractor). This applies across both HGV and PSV operations.

The issue was first considered in the Bridgestep case, where a haulage company was summoned to a public inquiry following a bridge strike. The inquiry revealed that the involved driver - along with most of the company’s drivers - was classified as self-employed under contracts explicitly stating the operator did not “supervise, direct nor control” them.

The Traffic Commissioner found that: • The ‘self-employed’ classification was incorrect.

• Such an employment structure was inconsistent with the responsibilities of an Operator’s Licence.

As a result, the operator and transport manager lost their good repute, and the Operator’s Licence was revoked. The Upper Tribunal upheld this decision, determining that the operator had gained an unfair competitive advantage by avoiding costs such as national insurance contributions, pensions, holiday pay, and sickness entitlement.

The Upper Tribunal confirmed: • True self-employment is rare for lorry drivers, as they typically work under an operator’s control without bearing business risks.

• Engaging misclassified ‘self-employed’ drivers is

anti-competitive, undermining fair competition by avoiding employment costs.

• The operator’s choice to classify drivers as ‘selfemployed’ was questionable, if not a sham, leading to a lack of control over the drivers and failure to ensure effective transport management.

HMRC guidance and the Upper Tribunal’s position in the Bridgestep case have since been integrated into the Senior Traffic Commissioner’s Statutory Guidance, reinforcing the expectation that drivers should not be classified as self-employed unless they are ownerdrivers.

‘LTD’ Drivers – Legal Implications The issue of ‘LTD’ drivers was further explored in the Quick Road Transport Ltd (QRT) public inquiry, overseen

by Traffic Commissioner Kevin Rooney.

In this case, all but one of QRT’s drivers were engaged through personal limited companies (‘LTD’ drivers). The Traffic Commissioner found that: • The use of ‘LTD’ drivers amounted to lending the Operator’s Licence to each driver.

• As a result, the Operator’s Licence was revoked.

• The arrangement posed a risk of vehicle impoundment by the DVSA. The Traffic Commissioner ruled that each ‘LTD’ driver, as the sole director and employee of their own company, was not under QRT’s control. Instead, the drivers were essentially subcontractors, meaning they each required their own Operator’s Licence. Without it, their operations were illegal.

Agency Drivers – Scrutiny and Compliance Another recent public inquiry, Enero Logistics Ltd, saw Senior Traffic Commissioner Richard Turfitt assess agency driver arrangements.

While acknowledging that agency drivers provide operational flexibility, he warned that they should not serve as long-term solutions. He referred to Department for Transport guidance, which states that a person is only an agency worker if they have a contract with an agency but work temporarily for a hirer.

arrangements undermine fair competition and risk an operator’s and transport manager’s good repute.

Even in legitimate agency arrangements, operators must: • Ensure compliance with the Agency Worker Regulations 2010, including equal treatment after a 12-week qualifying period.

• Provide all agency workers with a Key Information Document.

• Collaborate with the agency to ensure proper driver induction.

• Maintain control over agency drivers as if they were directly engaged, including enforcing drivers’ hours regulations and terminating non-compliant agency drivers.

What Should Operators Do? With the April 2025 increase in employer national insurance contributions, operators may be tempted to revisit the use of ‘self-employed’ and ‘LTD’ drivers.

However, recent rulings highlight the importance of ensuring driver engagement methods are legally compliant.

Operators should: • Engage drivers directly as employees or workers (‘on the books’).

• Use bona fide driver agencies supplying drivers to multiple operators for temporary work.

• Avoid misclassifying drivers as ‘self-employed’ or ‘LTD’ drivers.

• Ensure agency driver arrangements are legitimate and not a front for continued misuse of selfemployment.

JMW Solicitors’ Commercial Road Transport team is available to assist operators in reviewing their driver engagement methods, ensuring compliance, and handling DVSA investigations, Traffic Commissioner correspondence, and regulatory hearings.

For further advice or assistance, contact Laura Hadzik at: laura.hadzik@jmw.co.uk

The case revealed that Enero Logistics Ltd had engaged all its drivers through an agency since a prior public inquiry 15 months earlier. At that time, the operator had committed to discontinuing the use of ‘self-employed’ and ‘LTD’ drivers. However, instead of directly employing drivers, the company transferred the same individuals into agency roles.

The Traffic Commissioner found this arrangement to be a sham, designed to obscure the continued use of ‘LTD’ drivers, thus granting the operator an unfair commercial advantage. He emphasized that sham agency PAGE 14

CUSTOMER NEWS

ISSUE 10 - SPRING 2025

LTS EARN HIGH RECOGNITION In March, LTS Global Solutions proudly announced that they have become a DVSA Earned Recognition Scheme Accredited Operator. This accreditation means they have met the highest road safety and compliance standards.

On announcing this achievement, they said: “The process of data collection, analytics and reporting was made so much easier using Aquarius’ ER-approved tacho analysis and asset maintenance digital software solutions.”

FORS-TASTIC ACHIEVEMENTS! Well done to Essex Bulk Services for once again securing FORS Gold accreditation - a fantastic accomplishment!

And to Hurt Plant Hire, who are part of the Fox Group, for successfully progressing from FORS Bronze to FORS Silver accreditation.

Great work by both teams in maintaining and advancing industry excellence!

TIMBERBUSH TOURS LAUNCHES NEW REWILDING EXPERIENCE Fantastic to see Timberbush Tours’ latest eco-conscious adventure, the Lochs, Waterfalls, and Rewilding Experience, is supporting conservation and biodiversity!

In partnership with Trees for Life this new tour from Inverness - starting May 4th offers their customers a chance to explore breathtaking locations like Plodda Falls and Loch Ness while supporting Scotland’s natural restoration. Brilliant idea!

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CUSTOMERS IN ACTION

Collett & Sons Ltd always share the most amazing photographs, and this latest one followed the completion of transporting a 234 Tonne Stator from Heysham Port to the Gretna Grid Stability Facility in Scotland. The stator was transported from Heysham utilising their 350Te capacity girder frame. Reaching the transhipment point, the stator was then transferred onto a 16-axle SPMT for the final 4-mile leg of the route.

This is another great action shot we spotted from Montgomery Transport Group, which shows one of their tanks recently tipping PVC granules with their latest equipment. Pretty Impressive!

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VIEWPOINT ISSUE 10 - SPRING 2025

By Mark Johnston, Managing Director at Aquarius IT

LIKE GERMANY, SHOULD THE UK ADOPT REMOTE TACHOGRAPH INSPECTIONS? The German Federal Office for Logistics and Mobility (BALM) has recently completed a successful pilot project, which has led to the full nationwide implementation of remote tachograph inspections.

This initiative has reportedly led to improvements in road safety and increased efficiency in traffic monitoring in Germany, raising the question – should a similar system be rolled-out here in UK? What Are Remote Tachograph Inspections?

As we know tachographs are devices that record a vehicle’s speed, distance, and driving and rest times, and are used to ensure drivers and employers follow the rules on driver’s hours. Traditionally (and still in practice here in the UK), checking, or spot checking this data requires roadside inspections where vehicles are stopped by enforcement authorities, which can cause delays and disruptions to traffic flow.

However, Germany’s remote tachograph monitoring system changes the game. Using enforcement vehicles equipped with advanced digital sensors and electronic control systems, BALM can now conduct a significant portion of inspections remotely. While the technology does not carry out a full download, it provides enough targeted data to flag potential issues. As a result,

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vehicles are only stopped when there is concrete suspicion of a violation – reducing unnecessary downtime and helping to keep traffic flowing more smoothly.

In 2023 alone, BALM said they conducted 750,000 remote inspections, and by October 2024, the number of vehicles checked remotely surpassed one million. As their fleet of enforcement vehicles continues to grow, this number is expected to rise, improving the overall efficiency of roadside checks in Germany.

How Does It Work?

Remote inspections rely on the second-generation smart tachographs, which transmit 25 Remote Tachograph Monitoring (RTM) parameters to authorities via Dedicated Short-Range Communication (DSRC). This enhanced system offers several benefits over the first-generation tachographs, which could only transmit 19 parameters.

The second-generation system can detect potential tampering with the tachograph, as well as violations such as exceeding daily, weekly, or even fortnightly driving limits. For enforcement authorities, this makes detecting infringements far more effective.

BENEFITS FOR GERMANY BALM’s implementation of remote tachograph checks has reportedly brought numerous advantages, and not just for the German authorities, they say for the drivers as well: 1. Reduced Traffic Disruption: Since vehicles are only stopped if there is clear suspicion of an infraction, the number of roadside checks has decreased, leading to smoother traffic flow and less downtime for commercial drivers.

2. Increased Efficiency: Digital sensors and electronic interfaces have streamlined the process of monitoring and enforcement, ensuring that inspections are more effective and efficient.

3. More Accurate Data: The ability to monitor a broader range of parameters has improved the accuracy and reliability of inspections, offering a better understanding of compliance across the board.

4. Cost-Effective Monitoring: With fewer vehicles being physically inspected, the costs associated with road traffic checks are reduced, and resources can be better deployed to high-priority areas.

THE UK: IS IT TIME FOR REMOTE INSPECTIONS? Given the stated success of remote tachograph monitoring in Germany, it’s only natural to consider whether the UK could, or should, adopt a similar system.

The UK already has a robust infrastructure for road safety and traffic monitoring, but as seen in the German case, there are several reasons why adopting remote tachograph inspections could be advantageous, and the next step forward. The system’s ability to enhance road safety, increase enforcement efficiency, and minimise traffic disruptions are key advantages that support this approach.

Consideration must, of course, be given to potential challenges, such as infrastructure costs, as well as the need for education and training, but, it’s important to note that the requirement for remote tachograph monitoring equipment has already come into effect.

In August 2024, it was mandated that all transport enforcement authorities across the EU must be equipped with devices capable of remotely retrieving RTM (Remote Tachograph Monitoring) data via DSRC (Dedicated Short-Range Communication).

Therefore, with the EU already pushing for widespread implementation, the UK may find itself needing to transition to remote inspections, like we’ve seen in Germany, sooner rather than later.

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COMPLIANCE ISSUE 10 - SPRING 2025

With Marc Caplin, Compliance Manager at Aquarius IT

STRENGTHENING RELATIONS IN THE EU In March, Guy Reynolds, Adam Jones and I attended the latest CORTE meeting in Brussels, where we were invited to make a contribution to the agenda. The group includes representatives from enforcement bodies from across the EU and beyond, along with other organisations such as ours who hold “observer” status. We used this unique opportunity to seek clarification on behalf of some of our customers on a niche aspect of Drivers’ Hours Law around periods of availability, and our question was well received!

As a result, not only did we gain valuable clarification, but we have also been invited to present and contribute further questions at future meetings.

HOW BEST TO RECORD VEHICLE HEIGHTS? As many of you will know, there has been a strong emphasis on the prevention of bridge strikes in recent years. Most seminars I’ve attended - whether virtual or in-person - have included a section dedicated to the issue and strategies for avoiding it.

A key part of any operator’s policy on bridge strike prevention should be built into the driver’s daily vehicle check. Guidance from the Traffic Commissioners states that vehicle height indicators (VHIs) must be recorded as part of the driver defect check. If an app is used, a photo should be taken where possible. Our own vehicle defect system allows for the check template to be configured to require a photo of the VHI (or any other relevant item) before the driver can proceed with the rest of the check.

The VHI must also be recorded during defect checks on trailers. When towing, a separate check should be conducted, and the VHI must reflect the trailer’s height - particularly if it exceeds that of the tractor unit.

Trailer height must be reviewed and updated whenever trailers are changed, such as when switching from a single-decker to a double-decker.

It’s worth noting that the Traffic Commissioners’ starting point for bridge strike incidents at a Driver Conduct hearing is typically a six-month suspension - so staying vigilant really does pay off.

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This opportunity has further strengthened our position and relationships with leading experts across the EU. Engaging directly with these experts ensures our compliance and technical teams stay in touch with key legal developments, enabling us to provide accurate, compliant, and informed guidance.

We look forward to continuing these valuable discussions and actively shaping conversations ensuring our driver and fleet management software solutions remain ahead of the legislative curve.

WHAT ARE MICRO-MOVEMENTS? We have recently had a number of customers approach us with concerns about so-called “micromovements” following contact with enforcement authorities.

A micro-movement occurs when, despite the driver card showing a period of break or rest, enforcement authorities cross-reference driver card data with vehicle speed data to detect movements of less than 30 seconds. These brief movements don’t appear on the card file but can be seen as spikes in the digital speed trace - creating an apparent interruption to a rest period, even if the tachograph data looks intact at first glance.

Enforcement authorities treat this as a genuine interruption to break or rest and may take action against the driver, just as they would if the interruption was recorded on the card itself.

This presents a challenge for operators, as digital tachographs typically store only around 24 driving hours of speed data. Furthermore, speed files are usually only downloaded during a full vehicle download - something that’s not practical to do every couple of days, especially when using manual devices like a DigiDown.

Operators using remote downloading aren’t necessarily better off. Depending on the platform, speed data isn’t always included in regular downloads and must often be requested separately. While some systems allow

administrators to adjust settings to include speed data in automatic downloads, this significantly increases file size. For large fleets, that could slow down systems and increase data costs.

Our advice to operators is to tackle the issue at its source by educating drivers on the risks of these micromovements. Where such movements are unavoidable, they should be documented on the reverse of a tachograph printout to provide context during any roadside checks.

NEW UPDATES TO MOT INSPECTION MANUALS The DVSA announced that from the 1st of April 2025, the Heavy Goods Vehicle (HGV) and Public Service Vehicle (PSV) MOT inspection manuals will be updated.

The revised manuals are available on GOV.UK, alongside the current versions – and they have included a revision record section at the front of each manual after the title page where a brief summary of all revisions can be found.

We can help: our remote downloading solutions are designed to take the pain out of this task. Ask for a consultation! Let us check that your vehicle is compatible with the remote downloading solutions that are on the market and we can help to reduce your workload.

REMINDER – INTERNATIONAL RULES ON SMART TACHOGRAPHS As mentioned in a previous issue of CONNECTED, from 31st December 2024, it became mandatory for all vehicles over 3.5 tonnes still fitted with an analogue tachograph (e.g. 1324, 1318 models) to be upgraded to the Gen2 v2 smart tachograph, if involved in any crossborder operations.

The grace period ended on 28th February 2025, and since 1st March 2025, authorities across the EU, UK, Switzerland, and Norway have been enforcing the new rule. Vehicles not fitted with a Gen2 v2 tachograph even if detected via remote checks - can face steep fines ranging from €2,000 to €30,000. In some cases, noncompliant vehicles may be immobilised on the spot.

Key Changes Include: • Updates to interpretation of terms and manual structure • Tyre size & type requirements • Sideguards, bumper bars & under-run devices (HGVs) • Glass & road visibility standards • Fuel tanks & brake system components • Passenger doors & interior standards (PSVs) MOT inspection manual for HGVs: https://www.gov.uk/government/publications/hgvinspection-manual MOT inspection manual for PSVs: https://www.gov.uk/government/publications/psvinspection-manual?step-by-step-nav=03763056-11e443be-a203-45daab596a87

LET’S TALK ABOUT REMOTE DOWNLOADING Did you know that Traffic Commissioners are actively advising operators to make use of remote download technology in order to tighten up on download frequencies?

The legal download limits are 90 days for vehicles and 28 days for driver cards, but for a number of years Traffic Commissioners’ have been advising 28 days for vehicles and 7 days for the card.

How often are you downloading your vehicles and driver cards? Are you using manual devices and spending precious time and resources travelling around to vehicles to get the downloads?

The risks of non-compliance now far outweigh the cost of retrofitting. Therefore, transport operators should act quickly to ensure their older vehicles are retrofitted and confirm that their data download tools are compatible with Smart2 devices. Failure to comply may lead to penalties, operational delays, and increased costs.

Upcoming Deadlines: • 19th August 2025: All vehicles over 3.5t fitted with a first-generation smart tachograph (installed in new vehicles between August 2019 and August 2023) must be upgraded to a Gen2 v2 for international journeys.

• 1st July 2026: All light vehicles or vans over 2.5t must also be fitted with a Gen2 v2 tachograph if used for cross-border transport.

If you’re unsure which type of tachograph is installed in your vehicle, please don’t hesitate to call us on 0330 333 8789 for guidance.

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