The Driver Disciplinary Process

For a licenced operator, the driver is critical. They are usually the sharp end in terms of delivery of the operator’s commercial obligations and the operator’s satisfaction or otherwise of road safety obligations.  In bus and coach operations they are also the key customer interface.

So, drivers should be properly rewarded and trained, but also properly managed. This includes having a system that applies when they fall below the required standards  — a live and enforceable disciplinary process. While this is a general statement of principle that could apply to all employers, a regulated operator must also have in mind how the exercise of a disciplinary process impacts on the view that the Traffic Commissioner might take of the operation.

For example, if a driver fails to spot a wheel flag indicator not pointing in the right direction then to the average member of the public that might appear to be a minor offence. But to the Traffic Commissioner that might well be indicative of a significant failure in the maintenance system and a “near miss” in health and safety terms. It is likely to result in an immediate prohibition and possibly a follow-up DVSA investigation.

The driver disciplinary process within operator licensed company is crucial for maintaining safety, professionalism, and adherence to company policies. While the specific details may vary from one operator to another, the following provides a general outline of the key steps involved in a typical driver disciplinary process:

Policy Communication

Ensure that drivers are well-informed about company policies, rules, and expectations from the beginning of their employment. This can be through an employee handbook, training sessions, or orientation programs.

Incident Reporting

Establish a clear process for reporting incidents or violations. This can include any breach of safety protocols, traffic laws, or company policies.

Encourage both employees and other staff members to report incidents promptly.

Investigation

Once an incident is reported, conduct a thorough investigation. This may involve reviewing witness statements, checking surveillance footage (if available), and gathering relevant documentation.

Ensure the investigation is fair, unbiased, and follows company procedures.

Communication with the Driver

If the investigation reveals a violation, communicate the findings to the driver. Clearly explain the nature of the violation, provide evidence if possible, and allow the driver an opportunity to present their side of the story.

This communication may take place through a meeting with the driver.

Disciplinary Action

Based on the severity of the violation and the company's policies, determine the appropriate disciplinary action. This could range from a verbal warning to written warnings, suspension, or termination.

Clearly document the disciplinary action taken, including the reasons for the decision.

Appeals Process

Establish an appeals process that allows the driver to contest the disciplinary action if they believe it is unjust. This provides a mechanism for a fair and objective review of the decision.

Ensure that the appeals process is transparent and follows established procedures.

Training and Improvement Plans

In some cases, especially for less severe violations, the operator may opt to provide additional training or implement improvement plans for the driver.

The goal is to help the driver rectify any issues and prevent future violations.

Documentation

Maintain thorough records of all disciplinary actions, including documentation of incidents, investigations, and outcomes. This documentation is essential for legal compliance and tracking employee performance.

Consistency and Fairness

Apply disciplinary actions consistently across all employees. This helps ensure fairness and prevents accusations of discrimination or favouritism.

Treat each case on its individual merits while considering the overall context.

Continuous Monitoring

Implement ongoing monitoring and evaluation of driver performance. This includes regular assessments, feedback, and additional training as needed.

It is important to note that the specific steps and policies can vary based on the company's size, transport sector regulations, and internal procedures. The overall objective is to maintain a commercially viable and safe and working environment while providing drivers with opportunities for improvement when possible.

Example:

John Smith of Big Trucks is short of drivers. Driver Bill has just hit a bridge. There was minor damage to the bridge but no-one was hurt. John is inclined to take no action against the driver as he fears he might resign … what should he in fact do?

John should fully investigate the matter and notify the Traffic Commissioner. If the driver was at fault he should be disciplined. It might even be serious enough to warrant dismissal. If the Traffic Commissioner sees that the operator has taken it seriously in terms of discipline, they are more likely to be convinced that Big Trucks is a responsible operator.