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Who is the Traffic Commissioner and what powers do they have?

Learn who the Traffic Commissioner is, their key responsibilities and the disciplinary sanctions available to them.

Traffic Commissioners play a key role in the transport sector, ensuring the safe operation of heavy goods vehicles (HGVs), buses and coaches. In this article, we’ll explore the key aims and responsibilities of the Traffic Commissioner and answer some frequently asked questions.

What is a Traffic Commissioner?

A Traffic Commissioner is a person appointed by the Secretary of State for Transport, responsible for the licensing and regulation of HGVs, buses, and coaches.

There are eight Traffic Commissioners in the UK, one of whom also serves as the Senior Traffic Commissioner.

The Traffic Commissioners aim to prioritise the safety of road users and to promote fair competition within the transport industry. They encourage operators to establish robust systems to maintain high safety standards and engage with stakeholders, such as industry representatives, local authorities, trade organisations, passenger groups, and operators to address concerns and provide guidance.

Traffic Commissioner responsibilities

The Traffic Commissioners' responsibilities include:

  • licensing operators of HGVs and public service vehicles (PSVs)
  • overseeing the safety and compliance of HGV and PSV operations
  • investigating potential violations of operators’ licence conditions
  • taking action against operators and drivers who fail to comply with regulations or operators’ licence conditions
  • registering local bus services
  • ensuring the environmental suitability of HGV parking locations.

Reporting of offences to the Traffic Commissioner

A condition attached to all operator licences mandates that the Traffic Commissioner be notified of any relevant personal or company convictions, as well as graduated fixed penalties, within 28 days.

Licence holders must also notify the Traffic Commissioner of any matters that could affect good repute. 

For more information, see our article on notification of offences to the Traffic Commissioner.

What is a Traffic Commissioner Public Inquiry?

If a Traffic Commissioner suspects that an operator is breaching the conditions on their licence, they can call that operator, its directors, and its transport managers to a Public Inquiry hearing. This is a public hearing at which the Traffic Commissioner will set out the allegations, hear evidence and, in most cases, take disciplinary action of some form. Legal representation is essential.

For more information, see our article on Traffic Commissioner hearings and public inquiries.

Disciplinary sanctions available to the Traffic Commissioner

Traffic Commissioners have a range of disciplinary actions at their disposal, including:

  • revoking licences: they must revoke a licence if the holder no longer meets the requirements of good repute, financial standing, or professional competence. They may also revoke a licence for serious or repeated breaches of licence conditions
  • suspending licences: they can suspend a licence for a set period as a disciplinary measure for less serious offences
  • imposing conditions: they can attach conditions to a licence, such as limiting vehicle numbers or requiring driver training
  • issuing warnings: they can issue formal warnings to operators and drivers as a reminder of their responsibilities.

Licence revocation

In the event of serious violations, or if there is a pattern of non-compliance with regulations, the Traffic Commissioner has the ability to revoke an operator’s licence.

Mandatory revocation

The Traffic Commissioner is obligated to revoke an operator licence in some situations, such as when a standard national or international licence holder no longer meets the criteria for good repute, financial standing, or professional competence.

Discretionary revocation

Traffic Commissioners have the discretion to revoke an operator’s licence in several other situations:

  • breach of licence conditions
  • repeated instances of overloading of vehicles, unroadworthiness, or other infringements
  • false declarations
  • bankruptcy or liquidation of the licence holder
  • using an operating centre not specified on the licence.

Can a Traffic Commissioner issue fines?

Traffic Commissioners can fine bus service operators for breaching registered service punctuality standards, but they cannot fine other transport operators. However, if the Traffic Commissioner finds evidence of wrongdoing that falls outside of its remit, they can refer the matter to other authorities, such as the police or DVSA. The police and DVSA can also bring a separate prosecution against an operator licence holder, its staff or drivers, in the criminal courts.

Is it possible to appeal a Traffic Commissioner's decision?

You can appeal a Traffic Commissioner's decision within a month. Appeals are heard by the Upper Tribunal (Transport). An appeal is not a rehearing of the evidence, but is instead a review of the decision-making process that the Traffic Commissioner followed.

For further guidance on Traffic Commissioner offences, contact our transport regulation solicitors for a free consultation.

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