Senior Traffic Commissioner's Statutory Documents: 2022 revisions
Applies to England, Scotland and Wales
Detail of outcome
We received 0 responses to our consultation. As a result of the consultation the Senior Traffic Commissioner has issued the revised Statutory Guidance and Statutory Directions. The updated versions are in line with the drafts attached below. Further minor changes have been made to clarify the suggested delegations and include a recent Upper Tribunal decision which was decided following the launch of the consultation.
The Statutory Documents are published in order to be transparent about the way we make our decisions. On this occasion the changes were dictated by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 rather than a debate on policy.
Original consultation
Consultation description
The legislation governing the goods vehicle operator licensing system is being amended as part of the UK’s obligations under the UK/EU Trade and Cooperation Agreement. Making these changes ensures consistency with the TCA requirements, and continued commercial access to EU markets for UK goods road transport operators. EU operators will be subject to the requirements in the TCA in the UK.
The explanatory memorandum to The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 sets out the purpose of the amendments as follows:
“The principal change that this instrument introduces is the extension of the goods vehicle operator licensing regimes in Great Britain and Northern Ireland to include light goods vehicles (LGVs), such as vans or pick-up trucks, which weigh more than 2.5 tonnes and up to 3.5 tonnes in maximum laden weight (either alone, or combined weight when used with a trailer) and which operate internationally, for hire or reward.”
The amending statutory instruments have been laid in draft and are undergoing Parliamentary processes. The drafts can be accessed at:
- The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022
- The Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022
The amendments to the Statutory Guidance and Statutory Directions include:
- how the traffic commissioners should approach the licensing of light goods vehicles, in particular how the legislation differs between heavy goods vehicles and light goods vehicles;
- inclusion of financial standing rates for operators of light goods vehicles;
- requirements for stable and effective establishment and the disapplication of operating centre requirements for light goods vehicles;
- provisions on the recognition of holders of acquired rights for light goods vehicles to fulfil the professional competence requirement;
- the approach for traffic commissioner when considering appeals against the refusal of the Secretary of State to grant acquired rights for light goods vehicles;
- general update to the requirements for all transport managers, in particular the requirement for transport managers to be resident in the United Kingdom and the introduction of a minimum disqualification period where a transport manager has been found not to be of good repute;
- increased scope of Statutory Document 0 to include light goods vehicles and provide an introduction to operator licensing, the statutory guidance and statutory directions.
Documents
Last updated 11 April 2022 + show all updates
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Outcome of consultation completed.
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First published.