Operator Licence Disciplinary Action
- What if disciplinary action is taken?
- Can a licence be withdrawn or suspended?
- Does the Traffic Commissioner’s decision take effect immediately?
- Can I appeal against the decision?
What if disciplinary action is taken?
If the Traffic Commissioner proposes to take disciplinary action, he must first hold an inquiry if this is requested by the licence holder or by the person against whom the disciplinary action is to be taken. As livelihoods may be at stake, it is important that a proper case is presented to the Traffic Commissioner, so the use of a lawyer or other professional adviser may be advisable.
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Can a licence be withdrawn or suspended?
Yes. The Traffic Commissioner must revoke a Standard licence if the holder no longer fulfils the requirements of good repute, financial standing or professional competence. He must revoke a Restricted licence if the holder has 2 convictions within 5 years for using a goods vehicle on a Restricted licence for carrying goods for hire or reward.
He may revoke, suspend or limit any type of licence if:
a. The licence holder has broken any conditions attached to the licence
b. There have been any prohibitions on the use of authorised vehicles because they are unroadworthy or overloaded
c. The licence holder is convicted of certain offences
d. Any of the statements made in the licence application prove to be false
e. The licence holder has not kept any undertaking which he gave when he applied for the licence, or which he gave some time later during the currency of the licence, and which appears on the licence documentation
f. The licence holder has been made bankrupt or (if the holder is a company) has gone into liquidation
g. Since the licence was issued or varied there has been a material change in any of the circumstances of the licence holder relevant to the issue or variation of the licence; or,
h. The licence holder has used a place not listed on the licence as an operating centre.
A vehicle on a licence that has been suspended or limited can be prohibited from being used by another operator for a period of up to 6 months.
In serious cases, where the Traffic Commissioner revokes an operator’s licence for disciplinary reasons, he may disqualify a person, partner or director of a company from holding an operator’s licence in his or any other Traffic Area. If the disqualification applies to another Traffic Area in which the disqualified person holds a licence, that licence will automatically be suspended from the date of the disqualification order.
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Does the Traffic Commissioner’s decision take effect immediately?
If the Traffic Commissioner suspends or revokes your licence, he may in some circumstances grant a stay to allow it to continue until an appeal is heard, so that you can still operate your business in the meantime.
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Can I appeal against the decision?
You should first apply to the Traffic Commissioner if you want a stay. If he refuses to grant one, the licence holder may then apply to the Transport Tribunal. Further detail on this can be found on Appeals to the Transport Tribunal.
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Page last updated: 03/05/2006