Consultation outcome

Traffic Commissioner function

Updated 17 May 2023

Applies to England, Scotland and Wales

Foreword

A review of the Traffic Commissioner (TC) function for Great Britain to provide a robust assessment of its form, function, governance, effectiveness and efficiency.

The Traffic Commissioners (TCs) are responsible for the:

• licensing and regulation of those who operate:
• heavy goods vehicles (HGVs)
• public service vehicles (PSVs)
• registration of local bus services
• taking action against drivers of HGVs and PSVs
• environmental suitability of centres designated as parking locations for HGVs, potentially imposing financial penalties against bus operators that fail to run against registered timetables

The 8 Traffic Commissioners are assisted in their work by 11 Deputy Traffic Commissioners (DTCs) who preside over a number of public inquiries.

Each TC is a non-departmental tribunal public body, sponsored by the Department for Transport (DfT). TCs are appointed by the Secretary of State for Transport under section 4 of the Public Passenger Vehicles Act 1981. Their roles and responsibilities are determined by statutory powers in primary and secondary legislation, primarily under the 1981 act, alongside a body of case law.

The mission of the TCs is to champion safe, fair and reliable passenger and goods transport.

Responsibility for the provision of TCs support staff (the Office of the Traffic Commissioners (OTC)) is delegated to the Driver and Vehicle Standards Agency (DVSA) by the Secretary of State as per the TCs framework document. This recognises the legal restrictions arising from the tribunal status.

Provision of support staff to the TCs, subject to approval of the Treasury is legislated under schedule 2 of the 1981 act. Those members of staff are generally deployed to work within the OTC, which consists of 175 DVSA staff members across centralised licensing teams and regional compliance teams supporting the tribunal function across Great Britain.

The direct statutory functions of TCs are to:

• process operator vehicle licences for PSVs and HGVs
• register local bus services (outside of London)
• hold public inquiries to consider applications, take regulatory action to maintain safety standards and promote fair competition within the regulated industries
• hold conduct hearings to examine evidence and take proportionate action to ensure professional driving standards are upheld
• oversee licensing services

In addition, TCs are subject to the Regulators’ Code and undertake the following additional functions:

• communication with other regulatory bodies to identify and share knowledge around non-compliance
• education and communication with industry about the value of compliance and the licensing regime

The Senior Traffic Commissioner has statutory powers to issue guidance and directions to commissioners and OTC staff regarding the operator licensing regime and tribunal activities, which are made publicly available to assist industry and other stakeholders.

In addition to their reserved responsibilities, the Commissioner for Scotland and her deputy discharge some devolved functions.

Both are supported by their respective regional offices and centralised teams. Those devolved functions are outside the scope of this review but must be factored into the review’s final recommendations.

DVSA provides support to TCs in the delivery of the operator licensing and tribunal functions, including:

• the provision of trained staff (within OTC) to act under delegation and to staff the tribunal facilities
• information technology to assist service users and manage TC data
• suitable accommodation for tribunal and licensing functions
• policy staff, engagement professionals and data management specialists

Executive summary

Review’s objectives

The Review of the Traffic Commissioners and the Office of the Traffic Commissioners will provide robust assessment, challenge and assurance on the health and effectiveness of the organisation.

While not a review under the formal tailored review programme, it will refer to and follow, where appropriate, Cabinet Office Guidance on reviews of Public Bodies.

Specifically, the review will look at:

• whether the functions that are provided by and in the name of TCs are required
• whether the TCs are carrying out their functions effectively and efficiently
• whether the support provided by DVSA and, specifically, OTC allows TCs to do so
• whether the current OTC DVSA-provided support and TC arrangements best support the delivery of these functions
• whether the OTC support continues to be provided by DVSA, or would be more effective if separated, given DVSA’s enforcement functions and the TC role as independent regulators
• the effectiveness and appropriateness of existing governance, accountability, assurance, and intelligence sharing arrangements
• the appropriateness of delivering additional functions

List of questions

How far do you agree or disagree that the function of processing vehicle operator licences for PSVs is necessary?

How far do you agree or disagree that the TCs are best placed to process vehicle operator licences for PSVs?

Who would you prefer to process vehicle operator licences for PSVs?

How far do you agree or disagree that the function of processing vehicle operator licences for HGVs is necessary?

How far do you agree or disagree that that TCs are best placed to process vehicle operator licences for HGVs?

Who would you prefer to process operator vehicle licences for HGVs?

How far do you agree or disagree the function of registering local bus services (outside of London) is necessary?

How far do you agree or disagree that the TCs are best placed to register local bus services (outside of London)?

Who would you prefer to process vehicle operator licences for local bus services (outside London)?

How far do you agree or disagree that the function of holding public inquiries is necessary?

How far do you agree or disagree that the TCs are best placed to hold public inquiries?

Who would you prefer to hold public inquiries?

How far do you agree or disagree the function of holding conduct hearings is necessary?

How far do you agree or disagree that the TCs are best placed to hold conduct hearings?

Who would you prefer to hold conduct hearings?

How far do you agree or disagree the function of overseeing operator licensing services is necessary?

How far do you agree or disagree that the TCs are best placed to oversee operator licensing services?

Who would you prefer to oversee operator licensing services?

Do you think there are additional functions that the TCs should be providing?

What other functions?

How far do you agree or disagree that the TCs are sufficiently independent from central government?

How do you think, if at all, that the provision of DVSA staff to the OTC affects the independence of the Traffic Commissioners function?

How far do you agree or disagree that the TCs provide a good service?

How far do you agree or disagree that the TCs offer good value for money to those who pay its fees?

How far do you agree or disagree that Traffic Commissioners provide their services in a timely fashion?

How far do you agree that the Traffic Commissioner function is accessible for people who require adjustments because of a disability?

How far do you agree or disagree that the TCs provide good coverage of Great Britain?

How far do you agree or disagree that current fee levels are appropriate?

You think the current fee levels are: - too high? - too low?

Which of the existing functions would you like the TCs to prioritise in the future?

How you do think the priority areas you have chosen can be improved?

How likely would you support an increase in fees if it meant the TCs could perform a better service?

Any other comments?

Confidentiality and data protection

The Department for Transport (DfT) is carrying out this consultation as part of our review into the Traffic Commissioner Function for Great Britain, to provide an independent robust assessment of its form, function governance effectiveness and efficiency. The review is being conducted by staff from the Ministry of Justice (MoJ), which will report back to DfT with its findings.

This consultation and the processing of personal data that it entails is necessary for the exercise of our functions as a government department. If your answers contain any information that allows you to be identified, DfT will, under data protection law, be the Controller for this information.

As part of this consultation, we are asking for your name and email address, in case we need to ask you follow-up questions about your response. You do not have to give us this personal information, but if you do provide it, we will use it only for the purpose of asking follow-up questions.

You have the option to submit a response via email. If you choose to do this, we will receive your email address which may identify you. If you do not want the department to receive your email address, please submit your response via the online survey.

The Ministry of Justice (MoJ) will analyse the responses we receive to the consultation on our behalf. Your full response will be shared with MoJ.

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the Data Protection Officer.