Bus passengers and motorists have been put at greater risk from rogue transport operators because of a legislative “oversight” that has left Scots vehicle inspectors with fewer powers than counterparts south of the border.

Officers from the Vehicle and Operator Services Agency (Vosa) have been unable to stop buses and trucks for road-side tests without the presence of a police officer, despite legislation passed in 2002 that increased their powers in England and Wales.

The loophole has limited the action that can be taken against bus companies that flout regulations and lorry drivers who fail to observe safety requirements on working hours, by making it harder to gather evidence.

The Department for Transport (DfT) is now preparing an amendment to the law after complaints from the Scottish Government and Scottish Traffic Commissioner, Joan Aitken.

Ms Aitken, who decides on licence applications and potential breaches of conditions, said the six Vosa inspectors based in Scotland had to rely on police to pull vehicles over.

“If Vosa officers see a vehicle that is not roadworthy, or the driver is nodding off, they do not have the power to stop them,” she said. “They would have to get in touch with the police and hope they could make officers available. An exercise can be set up to do this, but these can be called off due to emergencies.”

The DfT has introduced new laws that allow on-the-spot fines to be issued to lorry drivers who are found to be breaching strict regulations on the length of time they can spend behind the wheel and the state of their vehicles, amid concern that trucks from mainland Europe were flouting the law but not being penalised.

Ms Aitken is widely seen to have taken a tough stance against bus operators who ignored regulations on running to agreed timetables and the condition of fleets, notably in the west of Scotland where she says mechanical test results have been “pretty dire”.

Transport Minister Stewart Stevenson blamed a blunder in the drafting of legislation aimed at closing the loophole in the UK, which meant it did not apply to Scotland.

He said: “We’re unfortunately in a position where we can’t do quite as many inspections as we wish because the police have to be in attendance. We have asked Westminster to do what has already been done in England. It is a reserved matter.

“It was an oversight in UK legislation – it wasn’t something that someone set out to do. We’d certainly like to see it fixed.

“That would help drive up the quality and make sure action is taken against the very small number of cowboys in the industry.”

The Scottish Government had made representations to the DfT on the subject, Mr Stevenson said, adding: “We are not falling out with Westminster on this subject.”

A spokeswoman for the DfT said the loophole had occurred because the Police Reform Act of 2002 did not apply to Scotland. She added: “Introducing the new powers is a key priority. We expect that the necessary powers enabling Vosa to stop commercial vehicles for inspection in Scotland will be in place towards the latter part of 2010.”

The move towards reforming the law was welcomed by the Confederation of Passenger Transport UK, which represents bus and coach operators and has pushed for more effective regulation of the industry.

A spokesman said: “We fully support the campaign to allow Vosa officials to stop vehicles in Scotland without the need for police support.

“This change to legislation coupled with targeted enforcement will enable Vosa to carry out checks on commercial and passenger-carrying vehicles

efficiently and effectively.”

Source: The Herald