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The Traffic Commissioners for Great Britain have stepped up enforcement efforts against drivers and businesses that fail to comply with the terms of their operator's license.  Recent enforcement actions have seen the Commissioners revoke o licences in cases where directors and drivers have not met the necessary standards required and expected of licenced goods vehicle operators.

In this article we outline the latest cases to have resulted in a suspension or revocation, and explain how operator's licence holders can comply with the law.

Operator's Licence - Duties and Responsibilities

When applying for an operator's licence, the directors of a business are usually required to sign a declaration of understanding. This sets out the requirements placed upon them on the issue of the licence. In most cases, this document requires operator's licence holders to:

observe and comply with laws relating to the driving operation of their vehicles

observe and comply with rules relating to drivers' hours

comply with load limits for any vehicles or trailers

comply with speed limits and other general traffic laws

ensure that all vehicles and trailers are kept in good serviceable condition

report any defects or symptoms of defects that could prevent a vehicle or trailer from operating safely

The Traffic Commissioners hold ultimate responsibility for the licensing and regulation of goods vehicle operators and frequently take regulatory action against non-compliant operators. Enforcement action often takes the form of a public inquiry, where the Commissioners will judge whether an operator is fit to hold a licence.

Disqualification of Operators - Licence Rules Breach

In a recent case, a director of a firm based in Hartlepool was caught driving a 7.5 tonne goods vehicle without a digital tachograph (as required by law) or a Certificate of Professional Competence (CPC).

A 2020 roadside check of the vehicle also revealed that the firm's operator's licence did not permit the drawing of a trailer. The lorry was in fact pulling a trailer and had no load securing, or rear registration plate. To make matters worse, one of the vehicle's indicators was faulty and it was equipped with tyres that were not suitable for the load being carried.

Following a public inquiry, the Traffic Commissioner found that the director's licence should be revoked indefinitely with immediate effect "owing to manifold and serious shortcomings and illegalities detected by the DVSA".

Implications for Operator's Licence Holders

The strict stance taken by the Traffic Commissioner in this case illustrates the seriousness with which breaches of operator's licensing rules are taken. Businesses, their directors, and individual drivers must take responsibility for compliance with the law - and failing to meet the requisite standards can result in an outright ban.

For help and support with vehicle operator's licence applications, contact our team today.

The Traffic Commissioners for Great Britain have stepped up enforcement efforts against drivers and businesses that fail to comply with the terms of their operator's license.  

Traffic Commissioners Step Up Operator Licensing Enforcement

The Traffic Commissioners for Great Britain have outlined their strategic objectives for the coming few years. Listing operator licensing as a top priority, their aim is to prepare the UK's transport industry for the future.

Here we outline how the Traffic Commissioners aim to develop the operator licensing regime over the coming years, and explain who could be affected by the changes.

Traffic Commissioners' Strategic Objectives 2021-2023

The Traffic Commissioners have issued a manifesto in the form of a strategic objectives report. This outlines their plans for 2021-2023, in particular:

to deliver a modern and effective operator licensing regime that ensures operators are fit to hold a licence whilst minimising the regulatory burden on the compliant; and

to promote and develop a safe road transport industry, which delivers compliance, fair competition and protects the environment.

Read the full report here for more information about the Traffic Commissioners' Strategy.

The report also details how the Traffic Commissioners intend to fulfil their objectives by seeking legislative change and working with strategic partners. Goods vehicle operators and businesses involved with the transport industry can therefore expect to see the following changes to the o licensing regime over the coming years:

Partnership between the Traffic Commissioners for Great Britain and the DVSA
In an effort to accelerate out of the COVID-19 pandemic, the Traffic Commissioners will develop a new working relationship with the Driver and Vehicle Standards Agency (DVSA) to deliver an efficient licensing service. This effort will see both key bodies assess their processes and IT systems with a view to streamlining the operator licensing process.

Faster Application Rulings and Public Inquiry Listings
The report reiterates that a rapid and effective licensing regime remains a priority for the Traffic Commissioners. Targets set by government ministers state that operator's licence applications should be dealt with within 35 working days whilst public inquiries should be listed for hearing within 12 weeks. The Commissioners aim to address backlogs and speed up the decision-making process by engaging with key partners to reform the licensing system.

Lower Costs for O Licence Applicants
The Traffic Commissioners recognise that licensing and regulation go hand in hand and aim to positively influence legislative change to improve the current system. This includes a potential review of fees to remove or lower the costs of entry to the transport industry. Similar plans are afoot to ensure that responsible businesses are not unduly burdened when Light Goods Vehicles (LGVs) and longer semi-trailers are integrated into the operator licensing system

Greater Engagement with Vehicle Operators
The coming few years will also see the authorities attempt to engage more closely with vehicle operators and transport businesses. The Traffic Commissioners aim to support growth and regeneration following the pandemic whilst also ensuring operators can meet their regulatory compliance obligations. Further guidance and targeted communications are just some of the options being explored.

While it is welcome news that the Traffic Commissioners' intend to improve the operator licensing regime, it is not yet clear how regulatory developments will affect businesses and goods vehicle operators.

Operator Licence Services Ltd can help you to acquire the Operator's License you need to run your business. For the best chance of gaining the approval of the Traffic Commissioner, contact our team today.

Traffic Commissioners Set Operator Licensing Objectives

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Traffic Commissioners Step Up Operator Licensing Enforcement

Traffic Commissioners Set Operator Licensing Objectives

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