Road Legal

What is the role of the Traffic Commissioners?

The Traffic Commissioners grant operator's licences and have the power to take disciplinary action at any time to curtail, suspend or revoke licences.

What  disciplinary action can the TCs take?

TCs are obliged to 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 carrying goods for hire or reward.

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 circumstances 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; if the licence has been made bankrupt or gone into liquidation; or if the licence holder has used an unauthorised operating centre. The DfT website  has full details of possible disciplinary action.

If I obey all the rules and regulations 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 (see below).

Are there any regular checks on my operating centre?

Yes, the Traffic Commissioners have the power to conduct a review of your operating centre 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 a public inquiry may well follow, at which complainants and licence-holder will have the chance to give their views. 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. Appeals should go to the Transport Tribunal at:

• Procession House, 55 Ludgate Hill, London E4M 7JW
• Tel: 020 7029 9780

The Transport Tribunal 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 national licence and green for an international licence.

After the issue of a 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 conviction or vehicle prohibition within 28 days.