Martin Arthur, Solicitor

What power does a Traffic Commissioner have?

A Traffic Commissioner can effectively put an Operator out of business.  He can revoke a licence and he can disqualify an Operator from holding a licence.  Apart from this there is power to suspend the licence for a period of time or curtail the licence (reduce the number of vehicles authorised)

What action can a Traffic Commissioner take in respect of a vocational driver's licence?

Questions concerning the ‘fitness’ of a person to hold an LGV or PCV licence are referred to the Traffic Commissioner, for example following a period of disqualification for a driving offence.  The Traffic Commissioner may require the licence holder to appear before him.  If the Traffic Commissioner decides the person is not fit to hold a licence he has power to revoke or suspend a licence.

Is there an Appeal from a Traffic Commissioner’s decision?

There is an Appeal to the Transport Tribunal against a Traffic Commissioner's decision.  In the case of a vocational driver there is an Appeal to a Magistrates Court.

When do I need a licence?

For goods vehicles, if you use a vehicle with a gross plated weight of more than 3.5 tonnes to carry loads in connection with any trade or business.

For passenger vehicles, if you use a Public Service Vehicle on a road for carrying passengers for hire or reward.

What is a Public Service Vehicle?

A Public Service Vehicle is a motor vehicle which (a) if adapted to carry more than 8 passengers is used for carrying passengers for hire or reward; or (b) if adapted to carry 8 or fewer passengers is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers.

How do I get a licence?

By submitting an application to the Traffic Commissioner for the traffic area in which there will be an operating centre for the vehicle or vehicles to be used under the licence.  The address of the Traffic Area can be found here on the Traffic Area Network website.

What are the requirements for a licence?

In a nutshell the requirements for a transport professional, for example a haulier or coach operator, are to be of good repute, adequate financial standing and professionally competent.  The requirements are slightly less demanding for operators who use the vehicles solely to transport goods for their own business purposes; they obtain a Restricted licence.

Where can I find out more?

Various helpful free information booklets are available from Traffic Area Offices; see also the DfT website.

I have been called to a Public Inquiry - what should I do?

The possible consequences of a Public Inquiry cannot be exaggerated.  Depending on the circumstances, an Operator could be put out of business or have his income sharply reduced.  The fact that you have been called to a Public Inquiry means that the Traffic Commissioner has information on which he/she is considering taking action.  The Public Inquiry is your opportunity to be heard.  It should not be taken lightly.  It is vital to be well prepared.

Legal representation by a specialist solicitor can help guide you through a potential minefield.