Operator Licensing - The Traffic Commissioner

"Their mission: to champion safe,fair and reliable passenger and goods transport."

There are seven Traffic Commissioners in Great Britain and they are appointed by the Secretary of State for Transport and have responsibility in their area for:

• The licensing of the operators of Heavy Goods Vehicles (HGVs) and of buses and coaches (Public Service Vehicles or PSVs).
• The registration of local bus services.
• Taking action against drivers of HGVs and PSVs.

The Traffic Commissioner for Scotland is also responsible for dealing with appeals against decisions by Scottish local authorities on taxi fares, with appeals against charging and removing improperly parked vehicles in Edinburgh and Glasgow.

Traffic Commissioners are statutorily independent in their licensing functions. When necessary, they hold Public Inquiries (PI), in particular to consider the environmental suitability of HGV operating centres and the possibility of disciplinary action against operators who have not observed the conditions of their licences.  This disciplinary action includes considering the good repute of Transport Managers, so if you are a designated Transport Manager always take your position seriously.

Philip Brown is the first Statutory Senior Traffic Commissioner to be appointed by the Secretary of State for Transport, under new powers in the Local Transport Act 2008.

The Local Transport Act 2008 puts the role of Senior Traffic Commissioner on to a statutory footing and has given the post-holder important responsibilities to determine how the Traffic Commissioners perform their statutory functions.

For example:

Determining which statutory functions each Traffic Commissioner works on. This allows Traffic Commissioners to specialise in particular areas - for example, goods vehicle operator licensing or local bus service registrations;

Issuing general directions and guidance to the Traffic Commissioners and Deputy Traffic Commissioners. Directions cover administrative matters such as how to apply for an operators' licence. Guidance covers judicial matters such as how to interpret legislation.

The Local Transport Act 2008 also provided new powers for the Secretary of State for Transport to issue Guidance to the Statutory Senior Traffic Commissioner as to the exercise of any of his functions.

It is wise not to treat any of the Traffic Commissioners lightly. They have far reaching powers and can take disciplinary action against both goods vehicle operators and vocational drivers that can, in effect, end the ability to earn a living. Many vocational drivers do not appreciate the power that the Traffic Commissioners have to take punitive action against professional drivers.  This is something that we will be addressing within our Driver CPC Periodic Training module: Driver Standards & Procedures - JAUPT approved course CRS1219/184.

Operators - Public Inquiries (PI)

If you, as an Operator, are believed to be carrying out operations without due regard to the obligations you made to the Traffic Commissioner when your 'O' licence was first granted, then you will be called to Public Inquiry(PI) by the recipt of a 'calling in' letter.

If you are called to 'PI' things are serious!!  Don't be fooled, the Traffic Commissioner can remove your good repute and/or remove your ability to operate (revoke the licence), just like that.

Vocational drivers' - truck and bus

If you lose your driving licence for a period of time through the courts you must be aware that the Traffic Commissioners have the authority to decide that, when your driving licence is returned, your 'vocational' entitlements are held back for a longer period or that you must re-take a vocational (HGV) practical test before resuming your career as a commercial vehicle driver.

If, as a vocational driver, you are issued with a graduated fixed penalty at the roadside you can be assured that the Traffic Commissioner will be aware of it, although it is the responsibility of each Operator to inform the Commissioner if an employed driver is prosecuted.  If you receive more than one graduated fixed penalty don't be surprised if you are sent for by the TC!  His powers are far reaching and your category C authorisation can be removed by the Traffic Commissioner, just like that.