DVSA launches O-licence guidance review after criticism from judge

The DVSA has begun a review of its guidance for operators, after the Upper Tribunal ruled earlier this year that here was confusion over when hauliers should pay renewal fees, which needed to be urgently addressed.

The problem came to light after Overbrook Recovery Services appealed a decision by a traffic commissioner to terminate its licence after the continuation fee was not received within the five-yearly deadline.

However, tribunal judge Michael Broderick said in January that the only way a haulier could be sure about when the first continuation fee should be paid was by reading The Goods Vehicle (Licensing of Operators) Act 1995, or by asking the TC’s office.

Broderick also urged the DVSA to remove or review a passage in its GV74 document, because it was “simply wrong” and encouraged operators to rely on the date shown on the licence, which may not be the correct time to renew.

A DVSA spokesman told Commercialmotor.com: “Following the recent decisions by the upper tribunal relating to the termination and renewal of licences, DVSA staff and traffic commissioners are working together, not only to review the relevant licence documents and industry guidance, but also to see what can be done to simplify and clarify the situation regarding termination and renewal of licences.”

He added: “The traffic commissioners and DVSA will of course consult with industry where necessary.”