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What convictions does a Traffic Commissioner consider?

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What convictions does a Traffic Commissioner consider when deciding fitness to hold an O-licence?

Fitness and Repute Requirements for O-Licence Applicants and Holders

  1. Fitness and Good Repute Requirements:

    • All O-licence applicants and holders must satisfy the test of fitness.
    • Standard licence holders are additionally required to be of good repute.
    • Convictions can impact both fitness and good repute.

  2. Notification of Convictions:

    • The Traffic Commissioner (TC) must be informed of any relevant convictions:
      • If the operator (including partners or directors) or their servants/agents have convictions less than five years old, these must be reported:
        • During licence application, or
        • Within 28 days of the conviction if already holding a licence.
    • Relevant offences include those related to:
      • Vehicle maintenance
      • Vehicle testing and plating
      • Drivers’ hours and records
      • Driver licensing
      • International road haulage permits
      • Forgery (e.g., licence documents)
      • Loading and overloading
      • Speed limits
      • Parking restrictions and prohibitions
      • Unlawful use of vehicles
      • Certain waste-related offences

  3. Foreign and Non-Spent Convictions:

    • Similar foreign convictions and other convictions that are not spent must also be reported to the TC by standard licence applicants and holders.

  4. Assessment of Repute:

    • The TC places particular importance on convictions for serious road transport offences when assessing repute.
    • A serious offence is defined as one that results in:
      • A prison sentence of more than three months
      • A fine exceeding £2500
      • A community service order exceeding 60 hours
    • Road transport offences include violations related to:
      • Drivers’ hours and rest periods
      • Weight and dimensions of commercial vehicles
      • Road and vehicle safety
      • Protection of the environment
      • Professional liability

  5. Consequences of Non-Disclosure:

    • Failing to disclose convictions at the time of the O-licence application or after it has been granted is considered a serious threat to the continuation of the operator’s O-licence.

 

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