Home » Transport manager liability as a risk factor: avoid these ‘seven deadly sins’ and reduce risk
Transport managers play an enormously important role in transport companies. If they fail to meet their responsibilities, this can not only result in high fines, but may also lead to the withdrawal of their reliability status.
EU Regulation 1071/2009 sets out exactly which requirements a transport manager must fulfil. The areas of responsibility are also defined but may well include more than those listed.
According to the EU regulation, the tasks of the transport manager include:
These tasks can be delegated to other people in the company, but the transport manager must monitor their implementation and is liable for any breaches of legal requirements. Close cooperation with the fleet manager is crucial here.
EU Regulation 2016/403, which has regulated the classes of infringement severity since January 1, 2017, also added the so-called “deadly sins list” (see box). These are the most serious infringements (MSI) within transport companies.
Just one mortal sin committed in the company is enough to initiate a procedure to check the reliability of the transport manager. This is checked using a risk classification system that works according to the traffic light principle. The traffic light turns red already if a driver commits just one most serious infringement.
But even minor violations can count as risk factors. Traffic managers are therefore well advised to prevent infringements from occurring in the first place and to document the fulfilment of their duties accordingly. This is because the personal liability of the transport manager only does not exist if a legally compliant company organisation can be proven. Training courses for all drivers and employees that raise awareness of the serious consequences of infringements have a preventative effect.
Digital fleet management and telematics systems provide effective support here. They not only collect data, but also link it together to provide a simple basis for decision-making in day-to-day business.
In addition to the legally required reading and archiving of data from the tachograph and driver card, digital systems provide an overview and detailed insights into drivers driving and rest times. In our web-based platform DAKO Fleet, for example, these can also be transparently tracked via live scheduling times. In contrast to other systems on the market, DAKO Fleet compares location data with the signed tachograph data and thus provides exact results for the violation evaluation.
If an employee is found to have committed an infringement, instructions can be automatically generated and documented to increase the driver’s awareness. DAKO Fleet also maps trends in driver behaviour via a Tacho grade. Transport managers can react accordingly and organise training courses or even reward legally compliant driving with bonuses.
Violating legal regulations not only jeopardises the transport manager’s licence, it can also result in severe fines. Potential fines can be calculated using the digital data from the tachograph and driver cards. In DAKO Fleet, users can see these clearly and separately for each company and driver. This helps transport managers to assess the financial risk and take countermeasures.
The risk assessment, signalled by traffic light colours, can also be viewed directly. DAKO Fleet includes an overview and a detailed report based on the social offences, so that transport managers can stay informed about their status in the risk assessment at all times.
Although meeting fleet deadlines is usually the responsibility of the fleet manager, transport managers are also affected. Overdue maintenance, missed readout deadlines, or forgotten driving licence checks can, in the worst case, also affect the transport manager’s liability. A deadline management system provides valuable services in which maintenance dates, read-out deadlines and important training courses are recorded.
In DAKO Fleet, several users can be set up per company so that, for example, the transport manager and fleet manager both have access to important information such as deadline management. Integrated reminders and automatic follow-up deadlines also make it easier for fleet managers to fulfil their duties, while transport managers have control over due workshop visits or deadlines for driving licence checks.
Keyword driving licence check: The transport manager must also ensure that documentation is provided that a valid driving licence is present. If an employee drives without a driving licence, this is a most serious infringement. As an alternative to a visual check, a digital check is also permitted here, for example via an RFID tag on the driving licence. Drivers can then simply check their driving licence themselves using a reading device such as the TachoStation or the DAKO drive app. The data is automatically transferred to the connected telematics system. This means that transport managers can always prove that they have complied with their inspection obligations.
The same applies to vehicle pre-checks. This is because maintenance management is also one of the tasks of the transport manager, as described above. The mandatory vehicle pre-check before driving not only ensures road safety, but also helps to detect defects in good time.
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For many drivers, however, it is a chore that they often want to complete as quickly as possible and without a lot of paperwork. This can quickly lead to carelessness and overlooked defects.
This is where the digital vehicle pre-check via app can help. The DAKO drive app, for example, offers a customised checklist depending on the vehicle type and complete documentation, including photos, with simple handling. The reports are automatically transferred to the web platform so that transport managers have the evidence quickly to hand.
In general, digitally archiving documents is much more efficient and more accurate than printed or manually filled out records collected in folders. For example, it only takes a few clicks in DAKO Fleet to call up a driver’s driving and rest times on any given day. All data is automatically archived in accordance with legal requirements and can be retrieved quickly. In addition, transport managers or fleet managers can create a digital file for each driver and each vehicle, in which all important documents are centrally available.
Transport managers need to keep an eye on many areas of the fleet at all times. Telematics systems such as DAKO Fleet offer numerous functions to help fulfil this responsibility and facilitate collaboration with the fleet manager and other areas of the company. By choosing the right system, transport managers can gain a great deal of security.