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

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.
- 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
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.