What is the role of the Traffic Commissioners?
The Traffic Commissioners are appointed by the Transport Secretary and have responsibility for:
- licensing the operators of Heavy Goods Vehicles (HGVs), buses and coaches (Public Service Vehicles or PSVs)
- the registration of local bus services
- granting vocational licences and taking action against drivers of HGVs and PSVs
What disciplinary action can the TCs take?
TCs must revoke a standard national or international licence if the holder no longer fulfils the requirements of good repute, financial standing or professional competence. They are also obliged to revoke a restricted licence if the holder has two convictions within five years for using a goods vehicle for carrying goods for hire or reward.
They are also obliged to find that the holder of any licence no longer has good repute/fitness if they have within five years sustained more than one conviction of a serious nature within the meaning of Schedule 3, Goods Vehicles (Licensing of Operators) Act 1995.
As well as the cases where the TCs must revoke a licence, there are many more circumstances where they may do so if they see fit. These include:
- the breaking of conditions attached to the licence
- vehicles being prohibited because they are overloaded or otherwise unroadworthy
- any statements in the licence application turning out to be lies
- the licence-holder having been made bankrupt or gone into liquidation
- the licence-holder having used an unauthorised operating centre. The DfT website has full details of possible disciplinary action.
If I obey all the rules and regs, will the TCs leave me alone?
If you obey all the rules, your O-licence should be safe, although operating centres are subject to five-yearly review.
Are there any regular checks on my operating centre?
Yes, the Traffic Commissioners have the power to conduct a review of the suitability of your operating centre/s every five years. It is entirely up to the TCs whether or not they carry out such a review in each case, although it is reasonable to assume that they will be guided by any evidence of complaints against the centre in the previous five years.
If the TC chooses not to carry out a review then your operating centre is secure for another five years, unless you do not pay the fees, apply for a major variation or operate outside the terms of your licence.
What does the TC do if he reviews my operating centre?
If the TC does decide a review is necessary, then there is a possibility that they will decide to remove an operating centre. However they may decide that a public inquiry is necessary to allow complainants and the licence-holder the chance to give their views. Alternatively, the TC may decide to take no action.
An inquiry does not necessarily mean there will be alterations to the O-licence, but the TC could set new conditions, on environmental or road safety grounds for example. You will be given the opportunity to make representations to the TC if any of the proposed conditions would have an adverse affect on your business. In some cases the TC might decide to remove an operating centre from the licence altogether.
Is there any possibility of appealing against a TC’s decision?
Yes, you can appeal within 28 days either against a decision to refuse you a licence altogether or against any new conditions attached to an existing licence.
The former Transport Trinunal's Traffic Commissioner work is now dealt with in the Administrative Appeals Chamber of the Upper Tribunal. Appeals should go to:
The Upper Tribunal (Transport)
5th Floor, Rolls Building
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
DX 160042 STRAND 4
The government website has information on how to make an appeal.
Once the TC has issued me with a licence, what happens?
You will need to pay a further fee by a due date. Until that is done the licence will not be issued, and if the due date passes you will have to re-apply for a licence.
Once you have paid the fee, the licence documents will be sent to you. They contain full details of what you are allowed, including numbers of vehicles, details of operating centres and other conditions. Identity discs are supplied for each specified vehicle. You need to display each disc in the windscreen of the vehicle to which it belongs and the discs are colour-coded:
- Orange for a restricted licence
- Blue for a standard national licence
- Green for a standard international licence
Do I need to tell the TCs about any convictions?
Yes, you do. A condition attached to all licences means that you must tell your TC of any personal or company convictions or graduated fixed penalties within 28 days.
At application stage, and thereafter, a Traffic Commissioner should be notified of all convictions which are not "spent". Convictions which are "spent" do not need to be disclosed to the Traffic Commissioner.
A conviction is "spent" for the purposes of the Rehabilitation of Offenders Act 1974, when a specific "rehabilitation period" has passed providing that no further crimes were committed during that period.
Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066
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