HGV Drivers & Operators

Traffic Commissioner Hearings

Criminal court proceedings, VOSA inspections and Transport Commissioner Hearings can all put your commercial licence at risk.  This is a complex area of the law.  Even minor breaches can result in court proceedings and referral hearings to the Traffic Commissioner.

The rules and regulations governing HGV Drivers and Operators is often complicated and difficult.  This is why you should always seek advice from a specialist road traffic lawyer who will ensure that 

• Proceedings are properly brought and justified
• Technical issues are not missed
• Defences are investigated, prepared and properly presented

We understand the regulations relating to HGV Drivers and Operators and our expertise can help you in all these areas, including:

• Tachograph Offences
• Breaches of EU Regulations
• Public Inquiries
• Driver Conduct Hearings
• Operator Licence Conditions
• Drivers Hours
• Construction & Use Offences
• Overloading & Insecure Loads
• Unlicensed Driving

Traffic Commissioner: Role & Powers

Traffic Commissioners are responsible for licensing and regulating Drivers and Operators of Heavy Goods Vehicles (HGVs), public service vehicles (PSVs) and local bus services.

Traffic Commissioners also determine whether an Operator is of good repute and professional competence and the fitness of a HGV Driver to hold a licence based on their conduct.  Their responsibilities also extend to Transport Managers and other CPC holders.

The powers of a Traffic Commissioner are wide-ranging and include:

• Disqualification
• Refusal of Licence Application
• Curtailment of licence
• Suspension of Licence
• Revocation of Licence

Public Inquiries

A public inquiry is a formal hearing held by a Traffic Commissioner. There are three main types of public inquiry:

• To consider an application for a new operator’s licence or a variation of an existing licence where there are concerns that the operator is not satisfying all the regulations to hold a licence;
• To consider an application for a new operator’s licence or a variation to an existing licence where there are environmental concerns:
• To consider any shortcomings of an existing operator’s licence and to determine whether regulatory action is required.

At  a public inquiry to determine an application the Traffic Commissioner will consider evidence from the applicant and if required any valid opposition to the application. When reviewing an operating centre the Traffic Commissioner will consider evidence from the operator and any valid

objections. In regulatory cases the Traffic Commissioner will consider evidence from the operator and usually evidence provided by VOSA or other regulatory authorities.

In all public inquiries the Traffic Commissioner may also hear from additional witnesses and, if the Traffic Commissioner considers it appropriate, may be assisted by a financial assessor.

When a Traffic Commissioner has received valid opposition to an application, the Traffic Commissioner may consider that it is appropriate to hold a public inquiry. This gives all interested parties an opportunity to present their case to the Traffic Commissioner.

A Traffic Commissioner may decide that a public inquiry is necessary in order to clarify information that has been received, which raises concerns. Additionally, a Traffic Commissioner must hold a public inquiry if regulatory action is being considered against an existing licence and the operator requests a hearing. Furthermore, a Traffic Commissioner must hold a public inquiry if regulatory action is being considered against a Transport Manager’s good repute and/or professional competence.

Driver Conduct Hearings

All HGV Licenses are issued by the Traffic Commissioner.  The Traffic Commissioner has the power to refuse, revoke or suspend a driver’s licence.  Where such a course of action is being considered the Traffic Commissioner can call a driver to a Conduct Hearing.

A licence may be refused, revoked or suspended because the conduct of the driver has been called into question.  This usually arises where the driver has been convicted of a road traffic offence relating to a road safety issue, such as:

• Mobile Phone Use
• Careless or Dangerous Driving
• Tachograph Offences
• Driver’s Hours

At a Driver Conduct Hearing details of the conduct that have triggered the hearing will be set out.  Thereafter the driver will have an opportunity to to give an explanation and to present other information that will be considered by the Traffic Commissioner before a decision  is made.  Expert legal representation at a Conduct Hearing can help to ensure that the most relevant information is presented to the Traffic Commissioner to achieve the best outcome.