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
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.
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.
- If the operator (including partners or directors) or their servants/agents have convictions less than five years old, these must be reported:
- 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
- The Traffic Commissioner (TC) must be informed of any relevant convictions:
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.
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
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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