Driver Conduct Hearings, what your business needs to know

If a business is operating large commercial vehicles, it is likely that it holds an operator’s licence. This licence is regulated by the Traffic Commissioner who also regulates professional drivers.  

The Traffic Commissioners' Annual Report 2023-2024 stated that there were over 2,500 hearings held involving drivers. In over half of those cases some form of regulatory action was taken. 

If there are concerns over a drivers conduct, they may be called to attend a driver conduct hearing. At the hearing, a Traffic Commissioner can choose to take action against the driver’s licence. This can range from a full revocation of a driver’s vocational entitlement with disqualification, suspension, formal warnings or a requirement to re-test. 

Whilst it is true that a driver conduct hearing will focus on a driver, such hearings, as discussed below, can also represent a risk for a business. 

Why might your driver be called to a driver conduct hearing?

Some offences that are referred to the Traffic Commissioner include;

• Road traffic offences such as mobile phone usage or driving under the influence of drugs or alcohol
• Increasing penalty points on a driving licence
• Drivers’ hours infringements or non-adherence to tachograph regulations
• Allegations and/or convictions for other criminal offences 

How do driver conduct hearings work?

A driver will be invited to provide an explanation as to why the offences, or other alleged conduct shortcomings, have been committed and provide the Traffic Commissioner with any defence or mitigating factors that could assist their case. The Traffic Commissioner will ask the driver questions, and the driver is required to respond directly. 

It is extremely important that drivers notify their employer if they are called to a hearing as a business is unlikely to be notified. Businesses are recommended to introduce policies requiring the employee to notify the business of any call up to a driver conduct hearing. 

In addition to this, it is important that businesses have processes in place to notify the Traffic Commissioner of any driver conduct issues or offences. There is an onus on every business that holds an operator’s licence to notify the Traffic Commissioner of matters affecting good repute and this includes offences by employees who hold vocational licences.  

Supporting your driver

A business can provide references in support of a driver or evidence in support of compliance with regulations and insurance. Seeking specialist legal advice is vital to protect the business’s interests and, if appropriate, support a driver.

Hearings

Hearings typically proceed as follows:

1. Opening statements: The Traffic Commissioner gives reasons for the hearing.
2. Evidence: The driver and (if instructed) their legal representative will put forward arguments and evidence in support of their case. This can include references from the business or witness statements in support of the driver.
3. Questions: The Traffic Commissioner will ask the driver questions about the evidence or if they wish to know more information following the evidence presented.
4. Closing statements: The driver or their legal representative can make a final statement to the Traffic Commissioner reminding them of any mitigating factors.

The Traffic Commissioner will then consider the aggravating and mitigating factors in the case.

Aggravating factors can include:

• Causing death or serious injury in any vehicle
• Previous convictions / persistent offending
• Not having a valid driving licence or insurance at the time of the offence or a result of the offence
• A record of historic offences committed in a commercial vehicle

Mitigating factors can include:

• No record of previous convictions
• Correct insurance and driving licence being in place at the time of the offence
• Full co-operation with police or other enforcement authorities

Reasons to support your driver through a driver conduct hearing

If a business and driver are aligned on the issues in question, then it may lead to a better outcome for both if the driver is supported through the driver conduct hearing. By doing so the parties will be able to prepare for the outcome together and make contingency plans for any regulatory action taken against a driver. 

Where a decision is taken not to retain a driver following an incident, it is important to obtain as much information as possible from the driver prior to parting ways. This is also important if a conflict of interest arises between the business and a driver.

A key risk for businesses can arise if accused drivers decide to make allegations about working practices that may either not be true or could cause reputational damage. The unpredictability of the drivers’ representations at driver conduct hearings can trigger the Traffic Commissioner to require more information from the business and/or call its representatives into a Public Inquiry to explain their actions. This highlights the need to support drivers through the process, where there is no conflict, so that a business is kept abreast of developments.  

Businesses should remind drivers of the importance of adhering to the correct policies and procedures should any incident occur and the importance of cooperation with all relevant agencies.