Guidance

Public service vehicle operator licensing guide

Overview of the public service vehicle operator licensing system.

From:
Traffic Commissioners for Great Britain
Published
15 March 2023
Last updated
6 February 2024 — See all updates

Applies to England, Scotland and Wales

This guide gives an overview of how the regulatory system works for operators of public service vehicles (PSVs).

For further information on operator licensing please visit the pages on PSV (Public Service Vehicle) operator licences.

Introduction

This guide provides advice to operators of public service vehicles on how the operator licensing system works. It is intended to help both new and existing operators understand the requirements of the operator licensing system.

It is intended to give a summary of operator licensing and to direct users to where further advice may be available.

If you are a new operator, you will find this guide useful to understand the operator licensing procedures and the requirements you will have to meet to hold a licence. Experienced and established operators may find it useful as a refresher and to develop your understanding of operator licensing.

It is not a legal document. Neither the Traffic Commissioners for Great Britain nor the Department for Transport can provide specific legal advice to operators. If you are unsure as to whether you are compliant with the law, you should seek independent and informed legal advice.

This guide is concerned with public service vehicle (PSV) operator licensing only. Guidance on running local bus services in England and Wales can be found at A guide to registering and operating local bus services in England and Wales.

You can find guidance on Goods Vehicles in the Goods vehicle operator licensing guide.

Purpose of Operator Licensing

The main purpose of public service vehicle operator licensing is to ensure the safe and proper use of PSVs and to support fair competition through a consistent application of the rules. The main licensing provisions can be found in the Public Passenger Vehicles Act 1981 and The Public Service Vehicles (Operators’ Licences) Regulations 1995. Relevant provision can also be found in the Transport Act 1985 and The Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995.

Role of the Traffic Commissioners for Great Britain and the Senior Traffic Commissioner

Traffic commissioners are the regulators of the road transport industry in Great Britain. Traffic commissioners are appointed by the Secretary of State for Transport but act independently from Government and the enforcement agencies, including the Driver and Vehicle Standards Agency.

Their function is to ensure that only safe and reliable operators of goods and passenger vehicles are permitted to be licensed. Further information can be found on the Traffic Commissioners for Great Britain’s website.

For the purposes of operator licensing, Great Britain is divided into eight traffic areas. A traffic commissioner is deployed by the Senior Traffic Commissioner to be responsible for a specific traffic area.

A traffic commissioner will consider and grant a licence based on the formal undertakings (promises) given by the applicant, and they are entitled to expect the operator to comply with those undertakings during the life of the licence. Traffic commissioners may take regulatory action against an operator if they fail to comply - where they may revoke, suspend or limit the number or type of vehicles that can be operated under the authority of an operator’s licence.

The Senior Traffic Commissioner is appointed with legal powers to deploy traffic commissioners and to provide statutory guidance and statutory directions to traffic commissioners on how they should approach their functions. This helps to ensure a consistency of approach and provides useful advice for other service users.

These documents will be referenced throughout this guide as the Senior Traffic Commissioner’s Statutory Documents which are uploaded on the Traffic Commissioners’ website.

Traffic commissioners are supported in their functions by Deputy Traffic Commissioners. Deputy Traffic Commissioners are deployed for the days they are required. They are not full-time appointments.

Administrative support to the traffic commissioners is provided by staff based in the Office of the Traffic Commissioner. Staff are either based in the Licensing Team in Leeds or in the Compliance Team (based in eight regional locations). These staff provide support for the tribunal hearings undertaken by the traffic commissioners.

Applications for a vehicle operator licence should be made through Vehicle Operator Licensing self service.

Role of the Driver and Vehicle Standards Agency (DVSA)

The Driver and Vehicle Standards Agency is responsible for ensuring that operators of goods and passenger vehicles are compliant with legislation relating to matters including drivers’ hours, roadworthiness, operator licensing and the safe loading of vehicles.

The DVSA are independent of the traffic commissioners, but will submit reports of non-compliance to the traffic commissioners for consideration.

More information on the Driver and Vehicle Standards Agency can be found on the DVSA website.

Role of the Department for Transport (DfT)

The Secretary of State for Transport (working through Parliament) is responsible for determining the legal requirements of operator licensing, establishing the roles and responsibilities of the traffic commissioners and DVSA. Traffic commissioners are independent of Government.

More information on the Department for Transport can be found on the DfT website.

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Overview of Operator Licensing

When a public service vehicle operator’s licence is needed

You will usually need a PSV operator’s licence if your vehicle is designed or adapted to carry nine or more passengers and payment is taken for carrying passengers (this is called ‘hire or reward’).

If you operate smaller vehicles (those with eight or less passenger seats) for hire or reward it is likely that you will require to be licensed by a local authority under a private hire or taxi regime. However, there are certain circumstances when these vehicles can be classed as a PSV so that they can be operated under a PSV operator’s licence. The requirements for when small vehicles can be classed as PSVs is set out below.

There is an exception to the requirement to hold a PSV operator’s licence for organisations who provide transport ‘without a view to profit’ and who meet the strict criteria to operate using a permit issued under section 19 or section 22 of the Transport Act 1985. Information on eligibility for these permits can be found in guidance from DfT.

Definitions

Hire or Reward

For the purpose of PSV operator licensing, ‘hire or reward’ is defined as any payment in cash or kind which gives a person the right to be carried, regardless of whether or not that right is exercised. It is also regardless of whether or not a profit is made.

The payment may be made to the operator, the driver or any agent or representative acting on behalf of the operator.

The payment may be made by the passenger, or on the passenger’s behalf. It may be a direct payment (e.g. a fare) or an indirect payment (this could be an exchange for services such as a membership subscription to a club, payment for a bed in a hotel, school fees or payment for concert tickets) where travel is included. The payment does not have to be money and the right to travel does not need to be taken up.

Separate Fares

Separate fares means an individual payment for each passenger to undertake the journey. Payment may be made on the vehicle or in advance of the journey at a sales point (ticket machine, newsagents, vehicle station or office). Payment may also be by indirect means (in respect of other services such as concert tickets where travel is included).

Separate fares are not usually involved where the vehicle is hired as a whole unless passengers have made individual payments for the right to travel.

Public Service Vehicles

Minibuses and larger vehicles

If the vehicle is designed or adapted to carry nine or more passengers, and does so for hire or reward, it is a public service vehicle.

A vehicle must have the appropriate approval, be tested and if required meet accessibility requirements.

Small vehicles - where separate fares are charged

A small vehicle with eight passenger seats or less can be defined as a PSV if it is used for carrying passengers for hire or reward whilst charging separate fares.

But the use of the vehicle must also meet one of two conditions to be treated as a PSV:

(i) The passengers must have been brought together for the purposes of making the journey by the driver or owner of the vehicle or by some other intermediary who is paid for doing so.

In addition, each journey must have been advertised to the public, so as to create a genuine opportunity for members of the public to be carried on the particular journey in question, i.e. the journey is not an exclusive hiring for an individual or group, notwithstanding that separate fares are paid. Advertisement at a place of worship, a place of work, a club or other voluntary association for the information of people present at those places, or in periodicals circulated wholly or mainly among such persons, does not count as advertisement to the general public.

Finally, in the event that there are multiple destinations, there should be differentiation of fares for the journey based on distance or time.

(ii) The making of the agreement for the payment of separate fares must have been initiated by the driver or owner of the vehicle, or by some other intermediary who is paid for doing so – not by the passengers themselves, or any other party. In addition, as in condition 1, each journey must be advertised to the public beforehand as being open to passengers to be carried at separate fares.

Small vehicles - where separate fares are not charged (England and Wales only)

Additionally, a small vehicle may be used under the authority of a PSV operator’s licence, even where separate fares are not charged but only in certain circumstances. This applies to vehicles operated in England and Wales only.

This only applies where the use of small vehicles only forms a small part of a large bus operation. Guidance provided by the Department for Transport suggests that, although the ultimate decision for what constitutes ‘a small part’ is a matter for the courts, the understanding is that if less than 10% of the fleet of vehicles licensed under a PSV operator’s licence are small vehicles the exemption may apply. However, other factors such as mileage or income may be taken into account.

You should be prepared to satisfy the traffic commissioner that the use of small vehicles only makes up a small part of the business. This might be defined as ‘less than’, ‘insignificant’ or ‘unimportant’. An explanation must be provided and supported with documentary evidence such as details of the potential vehicle usage or income the small vehicle will generate, compared to the same figures for the overall fleet.

If you are operating small vehicles and cannot meet any of the qualifications / criteria detailed above, you are probably operating the small vehicles as a Private Hire Vehicle (PHV) which should not be used under your PSV operator’s licence. You should immediately contact your local authority or Transport for London to seek advice on obtaining a PHV licence.

Small vehicles - where separate fares are not charged (Scotland)

As indicated above, in Scotland any small passenger-carrying vehicle (of eight or fewer passenger seats) must be licensed as a private hire car (PHC) where it is used for hire by private arrangement. Examples of such use might include private hire, school contracts or wildlife tours. Each separate type of use must be considered on its merits.

A PHC licence is not required for small vehicles of this type if they are only ever used to carry passengers at separate fares on a registered local service. In those circumstances they will need to be covered by a PSV operator’s licence.

If, however, the vehicle is used for both private hire and for registered services it will require both types of licence (PHC and PSV).

Situations where a PSV operator’s licence is not required for small vehicles

If you do not meet any of the above criteria it is likely that your small vehicle will not fall within the requirements to be classed as a PSV. It is important that you seek appropriate advice from relevant licensing authorities. Some examples may include where:

  • you give lifts in a car, or take part in a social car scheme run by a local authority and you charge people to cover your running costs (plus general wear, and nothing more). Your car will still be treated as a private vehicle, not a taxi, hire car or PSV;
  • you run a taxi or private hire business and charge for the hire of the vehicle as a whole. You will not be charging separate fares so your vehicle is not classed as a PSV. You will need a taxi or PHV or PHC licence issued by the local authority if a licensing system is in force within your area of operation;
  • your licensed taxis are operating from authorised places under a local authority taxi sharing scheme.

Types of public service vehicle operator’s licence

There are four types of public service vehicle operator’s licences. The type of licence required will depend on the use of the vehicle and vehicle type.

The different types of licence are:

Standard international licence

A standard international licence allows you to operate any number of vehicles within your authorisation, both in the United Kingdom and on international journeys.

Operators who are issued with standard international licences will also receive a PSV Certified Copy for each vehicle they wish to operate internationally. These are required for all operations in, or through EU countries and those documents are required to be carried on the vehicle when abroad.

If you are intending to operate international bus or coach services and tours, please see the following Department for Transport guide.

Standard national licence

A standard national licence allows you to operate any number of vehicles within your authorisation, but only within the United Kingdom.

Restricted licence

A restricted licence authorises the use of PSVs with:

a) eight or fewer passengers seats; and

b) nine to sixteen passenger seats but only when used

i) not in the course of a passenger transport business e.g. they are used in connection with a hotel business; or

ii) by a person whose main occupation is not the operation of PSVs which are able to carry nine or more passengers. i.e. the operation of the minibus is a sideline and not the licence holder’s main occupation.

The restrictions on main occupation apply on nine to 16 passenger seat vehicles. If the restricted licence is in the name of a limited company and you want to run nine to 16 passenger seat vehicles, the rule as to the main occupation applies to the legal entity, in other words the limited company.

The maximum number of vehicles that may be authorised under a restricted licence is two. This restriction does not apply to a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) for any purposes in connection with the provision of a universal postal service.

Special restricted licence

A special restricted licence can only be granted to someone who already holds a taxi licence, a Private Hire Vehicle (PHV) licence or Private Hire Car (PHC) licence. It allows the holder of a licensed taxi, PHV or PHC to operate a local bus service. The way you apply for this licence and the requirements are different from all other types of licence.

No one can object to your application and the licence can be granted once the traffic commissioner has checked that you hold at least one taxi or PHV licence.

The licence covers you in perpetuity for all the taxis, PHVs or PHCs for which you hold licences, as long as you pay the relevant fee to keep your licence in force. Although the number of your vehicles may change during this time you will not need to change your special licence. You may use any vehicle you own which is licensed as a taxi, PHV or PHC.

However, you must undertake to operate a local service, which has been registered with the traffic commissioner or relevant local authority before you want it to start. If the service is to run in London then you will need a permit from Transport for London (TfL).

It must have at least one stopping place in the area of the district council that issued your taxi or PHV licence. Other stopping places can be in any other district.

Whilst any vehicle you use under a special restricted licence must be a licensed taxi, PHV or PHC, it must not be used to ply for exclusive hire, or pick up passengers waiting at taxi ranks when being used on a local service the vehicle. There must be a notice on the front of the vehicle with the word ‘Bus’ in letters at least 60mm high and showing the route, the destination or the kind of service you are running. You must also have a fare table on display in the vehicle so that passengers can check the fare for any journey, or how the fare is worked out.

The vehicle can be used to operate taxi or private hire services when it is not being used to provide a local bus service.

Once the service has been registered you are committed to running at the times you said it would and along the registered route.

Before registering you should read A guide to registering and operating local bus services in England and Wales

Local bus services (other than excursions and tours) are the only type of PSV operation you can undertake. You cannot run any other type of PSV service with your taxis or PHVs (e.g. an express service with stopping places more than 15 miles apart).

Who can hold an operator’s licence?

The licence should be applied for in the name of the person, company or partnership that is the operator of the vehicle. You are considered to be the operator of the vehicle if:

  • you are the driver and owner of the vehicle; or

  • the driver is your employee or agent (i.e. you pay them to drive the vehicle for you).

Other types of organisations may hold a licence e.g. local authorities and charities. Further details can be found in the Senior Traffic Commissioner’s Statutory Document on legal entities.

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Requirements to hold an operator’s licence

Requirements for all licence holders

All applicants and holders for a standard or restricted operator’s licence (but not applicants for special restricted licences) must:

Ability to obey all the requirements

You will need to show a traffic commissioner that you, and for standard licences your transport manager(s), have adequate systems in place to make sure you and your staff are able to obey all the rules, particularly covering:

Have satisfactory facilities and arrangements for maintaining vehicles in a fit and serviceable condition

You must satisfy a traffic commissioner that your vehicles will be kept in a fit and serviceable condition at all times.

A traffic commissioner may ask to see copies of any maintenance contracts or letters from a garage if you do not do this work yourself.

You can find full advice about the requirements for maintenance arrangements in The Guide to Maintaining Roadworthiness.

Satisfactory arrangements for securing compliance with drivers’ hours rules

Ensure drivers have the correct licence and training to drive public service vehicles

Have access to a suitable operating centre

You will need to satisfy a traffic commissioner that have a suitable operating centre at which vehicles will be parked when they are not in use. The operating centre must:

  • be big enough to accommodate the vehicles normally kept there and carry out checks of the vehicles to ensure they comply with the rules on driving and operation;

  • be safe for vehicles to enter and exit so that the rules on safe driving can be complied with;

  • provide sufficient off-street parking for all your public service vehicles.

Be able to demonstrate good repute

Good repute refers to the conduct of the applicant or licence holder. This includes relevant convictions and fixed penalty notices that the operator or any of their employees have had in the last five years. A traffic commissioner may also take into account any other matters that affect an operator’s good repute or their fitness and ability to manage an operator’s licence, including those brought up by anyone objecting to an application.

If an operator does not disclose convictions during the application or notify the traffic commissioner of any convictions incurred after a licence has been issued, a traffic commissioner may consider taking action against the licence.

More details can be found in the Senior Traffic Commissioner’s Statutory Document on good repute.

Have sufficient financial standing

This is required to ensure that you have enough money to maintain vehicles in a fit and serviceable condition. The rates required are set out below:

Rates for standard licences from 1 January 2021:

Vehicle Public service vehicles (PSVs)
First vehicle £8,000 for the first public service vehicle
Each additional vehicle £4,500 for each public service vehicle

Rates for restricted licences from 1 January 2021:

Vehicle Public service vehicles (PSVs)
First vehicle £3,100
Each additional vehicle £1,700

More details on the requirements can be found in the Senior Traffic Commissioner’s Statutory Document on finance.

Financial standing is not a fee that must be paid for a licence, it is the level of resource that must be available during the life of the licence. You can further find information on fees by visiting the pages on PSV (Public Service Vehicle) operator licences.

Additional requirements for standard licence holders

Operators who hold or apply for a standard licence must satisfy the traffic commissioner that they meet the following requirements.

Effective and stable establishment

This means you must have premises in which you keep your core business documents (i.e. personnel, driving and vehicle maintenance records). Therefore, a PO Box or third-party address cannot be used as a correspondence address.

More details can be found in the Senior Traffic Commissioner’s Statutory Document on stable establishment.

Professional competence

The operator must meet the requirements of professional competence. This can be satisfied by the operator holding a Certificate of Professional Competence in passenger transport operations or equivalent qualification. Alternatively, an operator may nominate an employee or contractor who holds such a qualification. The professionally competent person is commonly referred to as a transport manager. This person is responsible for continuously and effectively managing the passenger transport operations.

More details can be found in the Senior Traffic Commissioner’s Statutory Document on transport managers, with further information on how to become a transport manager.

Further details on the requirements when applying for a licence are provided in section on Applying for a licence.

Whilst restricted licence holders do not need to have a transport manager, the level of compliance required is no less. The person responsible for a restricted operator’s licence will be required to carry out the duties expected of a transport manager.

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Applying for a licence

When to apply

You should apply for a licence at least nine weeks before the date you need it. This allows time for the necessary checks to be made. In straightforward cases, a licence is usually issued within nine weeks, but it can take longer.

It is illegal to operate your vehicle before a licence is issued. If you do, you could be liable to prosecution and your vehicle could be impounded.

How to apply

You can apply for public service vehicle operator’s licence online. You should submit all documentation with your application. The application process and further details can be accessed through the Vehicle Operator Licensing system.

If you need help using the online process, you should contact the Licensing Office:

Vehicle authorisation

A licence authorises the holder to use a maximum number of vehicles at one time. You should apply for authorisation for the number of vehicles that you require to use at any one time. You should also consider including extra capacity to cover an increase in business.

Ability to obey all the rules

The traffic commissioner will need to be satisfied that you have adequate systems in place to ensure that you, your staff and (standard licences only) your transport manager(s) are able to obey the rules which cover:

This means having management structures, monitoring and reporting systems in place to be able to show the traffic commissioner the extent to which there has been and will be compliance.

Whilst restricted licence holders do not need to have a transport manager, the level of compliance required is no less. The person responsible for a restricted operator’s licence will be required to carry out the duties expected of a transport manager.

Operating centres

When you apply for a public service vehicle licence, you will be asked to list your proposed operating centres and provide information about the vehicles you intend to keep there. You will need to satisfy a traffic commissioner that your operating centres are suitable, for example that they will:

  • be big enough to accommodate the vehicles normally kept there and carry out checks of the vehicles to ensure they comply with the rules on driving and operation;

  • be safe for vehicles to enter and exit so that the rules on safe driving can be complied with;

  • provide sufficient off-street parking for all your public service vehicles.

Your operating centre should provide sufficient off-street parking for all your public service vehicles.

If you do not own the operating centre, you may be asked to provide evidence that you are entitled to use it.

Notices & proceedings – statutory objections

The traffic commissioner publishes a notice of your application in the weekly publication Notices and Proceedings.

The police and local authorities have a statutory right to object to an application if they can prove that the applicant does not satisfy the requirements to hold a licence (i.e. that you do not satisfy the requirements to be of good repute, of appropriate financial standing, professional competence, of having adequate arrangements or facilities to maintain your vehicles and being able to comply with the laws).

The local authorities that can object are:

  • London boroughs and the City of London;
  • English and Welsh county and district councils;
  • Passenger Transport Executives; and
  • Scottish regional and island councils.

Any objections must be made in writing and must reach the traffic commissioner no later than 21 days after the application is published in Notices and Proceedings. A copy of the objection must also be sent to you at the same time.

No one apart from the local authorities and the police has any right of objection.

Whilst the traffic commissioner cannot refuse an application because a PSV operating centre is not environmentally suitable, local authorities do have powers to refuse planning permission should you fail to satisfy the planning authority that the site, including the access, is suitable. You are strongly advised to consult the planning department of your local council at an early stage.

Authorisation under an operator’s licence does not convey any approval under planning law, and approval under planning law is not a pre-condition for the granting of an operator’s licence.

Traffic Commissioner determinations

A traffic commissioner will assess an application on the information presented. In some cases (for example, if there are concerns regarding suitability of the applicant or application) the traffic commissioner may decide to hold a hearing before deciding on the application.

More details can be found in the Guide to public inquiries.

Refusal of an application and the right of appeal

Your right of appeal

The letter advising you on the traffic commissioner’s final decision should give reasons for the decision and will set out how to appeal. If an application is refused or a licence is granted with conditions that you think are unjustified, you have a right of appeal to the Administrative Appeals Chamber of the Upper Tribunal, (‘the Tribunal’). The Tribunal’s website contains a form and details on the process.

The Tribunal may hold a hearing to determine an appeal. If the appeal is successful, it may order a traffic commissioner to grant you a licence or change the conditions on it. Alternatively, the Tribunal may refer an application back to a traffic commissioner for reconsideration.

Appeals against the grant of a licence

Where a statutory objector (e.g. the police or the local authority) objects to an application, they can appeal to the Tribunal against a traffic commissioner’s decision to grant you a licence. Nobody else has a right of appeal.

Licence documents

Once your application for a licence has been granted, your operator’s licence and any discs will be sent to you.

The licence will include:

  • the operator’s name

  • the type of licence

  • the number of vehicles that have been authorised

  • the number of discs issued

  • any conditions attached to the licence

  • any undertakings that are relevant to the granting of the licence

If you requested a vehicle disc, a disc will be sent for each of your authorised vehicles. Each disc will show the licence type, the licence holder’s name and number, the disc serial number and the date the disc expires.

Vehicle discs must be displayed in the vehicle so they can easily be read from the outside of the vehicle and does not interfere with the driver’s view.

If vehicle discs are lost or stolen, the traffic commissioner must be informed immediately in writing so that a replacement can be issued, you should inform the office of the serial number on the back of the disc. If the writing on the disc has faded or the disc has been damaged, a replacement disc can be issued by logging into your Vehicle Operator Licensing self service account and then choosing ‘reprint vehicle disc’ within the ‘vehicle disc’ menu. The faded or damaged discs should be returned to the Licensing Office of the Office of the Traffic Commissioner.

As a rule, you can swap discs from one vehicle to another within the same operator’s licence as long as every vehicle carries a disc whenever it is used under the licence.

Duration of a licence

A licence remains in force unless the holder:

  • operates outside the terms of the licence and a traffic commissioner takes regulatory action; or

  • a traffic commissioner agrees to it being surrendered; or

  • fails to continue the licence.

Every five years a licence must be continued by confirming details of the operation to the traffic commissioner.

Certain changes to a business may require the operator to apply for a new licence.

Types of services you can run with a PSV licence

Without further formalities you can:

  • carry a party of passengers for a single payment from the organiser (this is called ‘private hire’) – the passengers must not pay separate fares to you or to anyone else. This only applies to PSVs with nine or more passenger seats;

  • run a coach or bus service where separate fares are charged (but passengers must travel at least 15 miles measured in a straight line from the place where they got on – unless they need to get off in an emergency);

  • run an excursion or tour for less than six consecutive weeks, regardless of distance; and

  • run a long distance excursion or tour where everyone travels more than 15 miles from where they got on and then return.

Running a local bus service

If you want to run a local bus service (on which passengers pay separate fares and can alight within 15 miles of boarding the vehicle) there are some more things that you must do depending on where you wish to operate.

Usually for services outside of London you must register the details including the route and timetable with a traffic commissioner. Services within London and in other areas where services are Franchised and in some Enhanced Partnership areas must be registered within the relevant authorities. For the areas where bus services are delegated see Annex 2 for useful contacts.

For further guidance about running a local bus service, please see guidance on how to Run a local bus service.

Running International Bus Services and Tours

Please see guidance on running international bus or coach services and tours.

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Managing a licence

Introduction

Licence holders have an obligation to advise a traffic commissioner of relevant changes that affect the operator’s licence within 28 days. This includes:

  • any change in legal entity in your business, for example:

  • if you change from being a sole trader or partnership into a limited company; or

  • if the structure of a limited company changes, resulting in a change of registered company number; or

  • material change in the company such as a change of name, directors, shareholding or controlling interest.

  • if any of the people named on the licence dies

  • if the company, or any of the people involved in the management of the company faces personal or company bankruptcy, liquidation or a similar situation

  • if a relevant person (for example the licence holder) becomes sectioned under the Mental Health Act, or; (in Scotland), when a representative has been appointed by a court for the reason of the mental incapacity of that person

  • change of transport manager(s)

  • any change of partners within a partnership firm. In some cases, you may need to apply for a new licence

  • any relevant convictions or accepted fixed penalties of yourself, your transport manager, officers, employees or agents

  • any change in the address for correspondence that you gave on your original application

  • any change in the address of your operating centre(s)

  • any other changes that a traffic commissioner may have required you to report as a condition of granting your licence

Changes can be made either through your Vehicle Operator Licensing self service account or in writing to the Office of the Traffic Commissioner.

Any failure to notify the traffic commissioner of a relevant change may lead to regulatory action being taken against you and the operator’s licence.

Public service vehicle operator licences are not transferable. Therefore, it is against the law to operate as a new or different entity without informing a traffic commissioner. A new licence for the new entity must be obtained before operating.

Making changes to a licence

Variations which require a fee to be paid

You will need to make a ‘chargeable variation’ to your licence if you wish to increase your overall vehicle authorisation.

To do this, you must apply online and pay the application fee. This must be done through your Vehicle Operator Licensing self service account at least nine weeks before you need the extra vehicles.

Additional vehicles cannot be used until the application has been granted and the varied licence issued.

You can further find information on fees by visiting the pages on PSV (Public Service Vehicle) operator licences.

As with an application for a new licence, a traffic commissioner will publish details of your chargeable variation application in the publication Notices and Proceedings.

Variations which do not require a fee to be paid

Adding or changing your operating centre

If you wish to change your operating centre address on your licence, providing this is situated in the same traffic area as your current licence then you can do so without charge. You will need to satisfy the traffic commissioner that it is suitable for use as an operating centre.

If your new operating centre is in a different traffic area, you will need to apply for a new licence in that traffic area.

Removing an operating centre

If you wish to remove an operating centre from your licence, then you can do so providing you still have at least one operating centre remaining.

Upgrading the type of licence

If required, you can change the licence you hold, for example from a standard national to standard international licence. To upgrade your licence you must apply online at least nine weeks before you require the change to happen.

If the changes you request are granted, you will not be charged a fee, but all your licence documents and vehicle discs have to be returned so that your documents can be amended.

The change in licence type does not take effect until the application has been granted and the varied licence issued.

If you need to change the licence you hold from restricted to standard you will need to apply for a new licence.

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Compliance

Reasons for taking action

If an operator or transport manager does not follow the rules, a traffic commissioner may take action against the licence or individuals if non-compliance is identified, for example:

  • you no longer meet the requirements of good repute or financial standing

  • you (or another person associated with the licence) have been convicted of certain offences (see Annex 4

  • in the case of a standard licence, there is no longer a professionally competent person nominated on the licence (see Transport Managers

  • you make a false statement to get a licence, or have not kept to an agreement you made when you applied for your licence

  • you have broken a condition or not kept an undertaking on your licence

  • vehicles operated under your licence have not been maintained in a safe and roadworthy condition

  • rules surrounding the safe operation of vehicles and drivers’ hours regulations have not been adhered to

  • there has been a change of circumstances that affects your suitability as an operator

There may be other reasons a traffic commissioner takes action against a licence.

The traffic commissioners receive evidence from enforcement authorities, usually the Driver and Vehicle Standards Agency. Where appropriate, they will call a public inquiry to determine what course of action to take.

Action a traffic commissioner can take

The traffic commissioner can decide to:

  • refuse to grant a licence

  • refuse to vary an existing licence

  • attach conditions to a licence

  • grant a licence allowing fewer vehicles than the number applied for

  • reduce the authority of a licence

  • suspend an existing licence

  • revoke a licence

  • disqualify an individual or a company from having a licence

  • disqualify transport managers

Where a traffic commissioner finds that a local bus service has not run in accordance with its timetable without reasonable excuse, a traffic commissioner may also impose conditions on the operator’s licence that affect the operator’s ability to run services, or impose a financial penalty of up to £550 for each vehicle authorised under the operator’s licence.

Action taken against a licence or individual may affect any future applications made.

Appeals

A licence holder, applicant or a transport manager can appeal a traffic commissioner’s decision to the Administrative Appeals Chamber of the Upper Tribunal. The Tribunal’s website contains a form and details on the process.

The notice of appeal must be received by the Tribunal within one month of the date on which notice of the decision was sent to the appellant. You can apply to a traffic commissioner to stay their decision as long as an appeal has been lodged with the Tribunal. If granted, a stay may prevent the traffic commissioner’s decision from coming into force until the appeal is decided. A traffic commissioner will consider whether to grant an application for a stay as quickly as possible.

If a traffic commissioner refuses an application for a stay, the Tribunal can reconsider that decision.

Decisions which can be appealed by holders of, or applicants for, a licence include the following;

  • a decision to refuse an application for a licence

  • a decision to refuse a variation to a licence or to grant it in a modified form (e.g. for fewer vehicles than applied for)

  • a decision to revoke, suspend or reduce a licence

  • a decision to attach condition(s) to a licence

  • a decision to disqualify an individual for a period from holding or obtaining an operator’s licence

  • a decision related to the running of local bus services to refuse/cancel a registration, or impose conditions or a financial penalty

A transport manager may appeal a decision that they no longer satisfy the requirements of good repute and/or professional competence.

Further information on appeals to the Appeals Chamber of the Upper Tribunal can be found in the guide to public inquiries or the Senior Traffic Commissioner’s Statutory Document on appeals.

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Transport Managers

Further details can be found in the Senior Traffic Commissioner’s Statutory Document on transport managers

Types of transport manager

There are two types of transport manager, ‘internal’ and ‘external’.

Internal transport managers

This type of transport manager is closely connected with the operator. To qualify, they must meet these requirements:

  • effectively and continuously perform their transport manager role for the operator in question

  • have a genuine link to the operator, such as being a full-time or part-time employee, director or owner for example

The same person can act as an ‘internal’, part- time employee transport manager for more than one operator, and therefore be named on more than one operator licence. However, in each case, the traffic commissioner would need to be satisfied that the person had a genuine link to the operator and satisfied the requirement of effective and continuous management, as set out above.

External transport managers

When an operator does not:

  • fulfil the role of transport manager (i.e. they lack the professional qualification and are perhaps an owner/driver or sole trader); or

  • employ a qualified transport manager on a full or part-time basis (i.e. the operator does not have an ‘internal’ transport manager)

The operator may ‘hire in’ a transport manager, e.g. a consultant transport manager under contract to an operator on a part-time basis. This is considered to be an ‘external’ transport manager. The contract must name the individual transport manager who will have effective and continuous management responsibility for the transport activities of the operator and:

  • be of good repute

  • have a contract with the operator that specifies the tasks they perform as transport manager

  • only work for a maximum of 4 operators with a combined maximum total fleet of 50 vehicles – meaning that across all four operators, they cannot have responsibility for more than 50 vehicles

  • each transport manager must act solely in the interests of the operator and independently of transport customers

Requirements

A professionally competent person (generally known as the “transport manager”) must be nominated on a standard licence (national or international). There is no requirement to nominate a transport manager on a restricted licence. However, the licence holder must ensure that they have the required knowledge to ensure compliance with all relevant legislation, particularly the safe operation of vehicles.

This person can be the operator if qualified, or a qualified transport manager that is either employed or contracted. The person does not have to be part of your full-time staff but must be able to demonstrate continuous and effective management of the transport operations.

In order to be able to satisfactorily carry out their duties a transport manager should:

  • have sufficient capacity – enough time and support to undertake the transport manager role, which cannot be compromised by other duties

  • have relevant knowledge and skills – be in possession of the relevant qualifications showing professional competence and also undertake regular refresher training and keep abreast of key developments in the industry

  • be involved in the transport decision making processes and have a high level of autonomy, for example in having control of their own budget

  • be in a position to have a real impact in a business –, and being able to make key decisions such as when a vehicle is fit and serviceable, involvement in the pricing of contract bids, the setting and timing of routes and the employment of drivers and staff.

The business may employ or contract more than one transport manager. The professionally competent person must also be of good repute.

How to satisfy professional competence

There are three ways professional competence can be established. These are:

  • Transport Manager Certificate of Professional Competence issued by a relevant awarding body

  • an alternative acceptable qualification or diploma – via an exemption certificate as set out below

  • an ‘Acquired Rights’ certificate issued since 2011 for PSV operations.

A person can be professionally competent for national operations only, or for both national and international operations. If the transport manager has a certificate of professional competence for national operations only, you may only nominate them on a standard national licence. If they have professional competence for both national and international operations, you will be able to nominate them on either type of standard licence.

Since December 2011 the national Transport Manager CPC examination has been discontinued. All examinations are now for the international Transport Manager CPC. Existing national Transport Manager CPCs do however remain valid but national CPCs issued before 2011 cannot be used on international licences.

Alternative acceptable qualifications

Standard national and standard international licences

  • Fellow (FCILT) or Chartered Member (CMILT) of the Chartered Institute of Logistics and Transport by examination and/or formal accreditation in road passenger transport, on production of the exemption certificate issued by the Institute;

  • Member or Associate Member of the Institute of Road Transport Engineers;

  • holder of the Institute of Logistics and Transport Certificate in Logistics and Transport with an endorsement in road passenger transport, on production of the exemption certificate issued by the Institute; or

  • Associate of the Institute of Transport Administration by examination.

Standard national licences

  • Holder of the Royal Society of Arts Certificate in Road Passenger Transport. This certificate exempts you from the CPC only if it was obtained after May 1984.

  • Member (MILT) of the Chartered Institute of Logistics and Transport by examination and/or formal accreditation in road passenger transport, on production of the exemption certificate issued by the Institute;

  • Associate of the Institute of Road Transport Engineers (by examination); or

  • holder of the Institute of Logistics and Transport Certificate in Logistics and Transport with an endorsement in passenger transport coordination, on production of the exemption certificate issued by the Institute.

Qualifying as a transport manager

You can take the Transport Manager Certificate of Professional Competence (CPC) exam at any age and you do not need a driving licence.

To pass the Transport Manager CPC exam, you will need to know about:

  • the civil, commercial, social and fiscal laws on passenger transport

  • business and money management

  • the paperwork needed to take passengers out of the UK

  • road vehicle standards

  • road safety

You can pay for a training course to help you prepare for the Transport Manager CPC exam. Search online or talk to your employer to find training courses.

Taking the exam

You must take an exam that’s approved by one of the organisations listed in the guidance on qualifying as a transport manager.

You have to pay to take the exam. Check with the exam provider to find out how much it will be.

The exam is in 2 parts:

  • multiple-choice questions

  • case study questions

You have to pass both parts to pass the exam.

More information can be found in the guide on qualifying as a transport manager.

Continuous Professional Development

Continuing Professional Development (CPD) is the term used to describe the learning activities professionals engage in to develop and enhance their abilities. This practice promotes learning to be conscious and proactive, rather than passive and reactive. CPD can take many forms such as training workshops, conferences and events, e-learning programs, best practice techniques and ideas sharing.

A qualified transport manager is expected to keep their skills up to date through effective CPD. If a person passed a transport manager CPC some time ago, a traffic commissioner is likely to request evidence of CPD being undertaken.

The completion of a 2-day transport manager CPC refresher course, run by either:

  • a trade association (Logistics UK/ RHA/ BAR/ CPT)

  • a professional body (IoTA/ CILT/ SOE/ IRTE)

  • an approved exam centre offering the relevant transport manager CPC qualification for the type of licence held; or

  • a firm of solicitors (or their associated training organisation) with significant experience with road transport regulatory and compliance issues.

Duties of a transport manager

To demonstrate continuous and effective management of the transport operation, a transport manager will be responsible for fulfilling the General Responsibilities set out in the Senior Traffic Commissioner’s Statutory Document on transport managers which includes:

Driving licences and qualifications

You’re responsible for making sure:

  • drivers have the appropriate licence for the vehicle they’re driving - this includes drivers from the EU who must register their driving licence with DVLA within 12 months of becoming resident

  • regular checks are carried out on the drivers’ licences (usually every 3 months)

  • vocational drivers have a valid Driver Certificate of Professional Competence (CPC) card

  • drivers are adequately trained and competent to operate all relevant vehicles and equipment

  • you contribute to relevant training and disciplinary processes as required

Drivers’ hours and working time

Making sure drivers follow the rules. You’re responsible for making sure:

  • drivers follow drivers’ hours rules

  • drivers and mobile workers take the right number of breaks and periods of daily and weekly rest based on the relevant regulations which apply

  • drivers are recording their duty, driving time and rest breaks on the appropriate equipment or in drivers’ hours books and their records are being handed back for inspection as required

Keeping records

  • you must keep vehicle maintenance records for at least 15 months. You must give traffic commissioners a copy if they ask to see these records.

You’re responsible for making sure:

  • tachograph calibrations are up to date and displayed

  • where appropriate, you download and store data from the vehicle digital tachograph unit (at least every 90 days) and from the drivers’ tachograph smart cards (at least every 28 days)

  • you keep all drivers’ hours records for at least 12 months

  • you keep all working time records for at least 24 months

Vehicles on operator licences

You are advised to keep your vehicle details up to date on the Vehicle Operator Licensing self service account. If you do not make changes promptly, such as removing vehicles that were hired, this may have an adverse effect on your record.

You’re responsible for making sure:

  • vehicles are secure so they cannot be used by someone without permission of the operator

  • there is sufficient contingency within the level of authority

Vehicle documents

  • You must keep vehicle maintenance records for at least 15 months. If a traffic commissioner asks to see these records, you must provide them.

You’re responsible for making sure:

  • operator licence discs are current and displayed correctly

  • there are up to date certificates of insurance indemnifying company cars, commercial vehicles and plant vehicles

  • drivers have the correct documents they need for national and international journeys

Safety checks, inspections and tests

You’re responsible for making sure vehicles (and any trailers) are safe to use (roadworthy).

Planning

You’re responsible for making sure:

  • safety inspections (including brake tests) and other statutory testing are carried out within the notified operator licence maintenance intervals (ISO weeks) on vehicles.

  • you complete and have available a maintenance planner, setting preventative maintenance inspection dates at least 6 months in advance and including the MOT and other testing or calibration dates

  • you liaise with maintenance contractors, manufacturers, hire companies and dealers, as might be appropriate and that certain vehicles are serviced in accordance with manufacturer recommendations

  • vehicles are available for safety inspections, service, repair, brake tests and statutory testing

Driver daily checks and defect reports

You’re responsible for making sure:

  • you check the height is displayed on the vehicle height marker

  • your drivers complete and return their driver defect reporting records and that they record defects correctly

  • reported defects are either recorded in writing or in a format which is readily accessible

  • reported defects are repaired promptly

  • vehicles that are not roadworthy are taken out of service

Potential action a Traffic Commissioner can take against transport managers

Declaration that a transport manager is “unfit” to manage transport operations

If the traffic commissioner has concerns regarding the transport manager’s ability to exercise continuous and effective management, they may consider whether the transport manager is unfit to oversee transport operations. This may be done at a public inquiry.

Following a finding that the transport manager has not met their obligations, a traffic commissioner may disqualify them from acting as a transport manager in the UK for a period of time. The traffic commissioner may also set rehabilitation measures that must be met before the transport manager may be accepted on a licence. These measures could include retaking the examination.

Where a traffic commissioner has taken such action, the transport manager may appeal the decision to the Upper Tribunal.

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Annex 1 - Further Information

Relevant legislation

Copies of the legislation can be viewed or downloaded from: www.legislation.gov.uk

  • Public Passenger Vehicles Act 1981

  • The Public Service Vehicles (Operators’ Licences) Regulations 1995

  • The Public Service Vehicles (Operators’ Licences) (Fees) Regulations 1995

  • The Road Transport Operator Regulations 2011 (SI 2011/2632)

  • Regulation (EC) No 1071/2009 establishing common rules concerning conditions to be complied with to pursue the occupation of road transport operator (Retained EU legislation)

  • Transport Act 2000

  • The Transport (Scotland) Act 2001

  • Local Transport Act 2008

  • Bus Services Act 2017

  • The Public Service Vehicles (Registration of Local Services) Regulations 1986

  • The Public Service Vehicles (Registration of Local Services) (Scotland) Regulations 2001

Contacts

All correspondence relating to operator licensing and permits should be addressed to:

  • Licensing Office, Hillcrest House, 386 Harehills Lane, Leeds, LS9 6NF

Other contacts for bus service registrations

  • Transport for London:

https://www.gov.uk/run-local-bus-service/register-a-bus-service-in-london

  • Hertfordshire County Council:

https://www.hertfordshire.gov.uk/services/highways-roads-and-pavements/public-transport/public-transport-in-hertfordshire.aspx

  • Transport for West Midlands:

https://www.tfwm.org.uk/plan-your-journey/ways-to-travel/buses-in-the-west-midlands/

  • West of England Combined Authority:

https://www.westofengland-ca.gov.uk/what-we-do/transport/bus/

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Annex 2 - Traffic Areas and Office Addresses

Office access and opening times

View office information and opening times for the Office of the Traffic Commissioner

Traffic Areas

Please note that the below list acts as a guide only. When applying for a licence the correct traffic area will be automatically allocated. If you have any doubt as to which traffic area an operating centre falls into, you can contact the Office of the Traffic Commissioner for advice.

North Eastern Traffic Area - Responsible for

The metropolitan boroughs within:

  • South Yorkshire

  • Tyne and Wear

  • West Yorkshire

The counties of:

  • Durham

  • East Riding of Yorkshire

  • Northumberland

  • North Yorkshire

  • Nottinghamshire

The districts of:

  • North East Lincolnshire

  • North Lincolnshire

North Western Traffic Area - Responsible for

The metropolitan boroughs within:

  • Greater Manchester

  • Merseyside

The counties of:

  • Cheshire

  • Cumbria

  • Derbyshire

  • Lancashire

Eastern Traffic Area - Responsible for

The counties of:

  • Bedfordshire

  • Buckinghamshire

  • Cambridgeshire

  • Essex

  • Hertfordshire

  • Leicestershire

  • Lincolnshire (except the Districts of North Lincolnshire and North East Lincolnshire)

  • Norfolk

  • Northamptonshire

  • Rutland

  • Suffolk

Ardal Traffig Cymru/Welsh Traffic Area - Cyfrifol am/Responsible for

  • Cymru/Wales

West Midland Traffic Area - Responsible for

The metropolitan boroughs within the West Midlands.

The counties of:

  • Herefordshire

  • Shropshire

  • Staffordshire

  • Warwickshire

  • Worcestershire

Western Traffic Area - Responsible for

The counties of:

  • Berkshire

  • Cornwall

  • Devon

  • Dorset

  • Gloucestershire

  • Hampshire

  • Isle of Wight

  • Oxfordshire

  • Somerset

  • Wiltshire

The districts of:

  • Bath and North East Somerset

  • Bristol

  • North Somerset

  • South Gloucestershire

South Eastern and Metropolitan Traffic Area - Responsible for

  • Greater London

The counties of:

  • Kent

  • Surrey

  • East Sussex

  • West Sussex

Scottish Traffic Area - Responsible for

  • Scotland

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Annex 3 – Limousines and novelty vehicles

Applicants must confirm whether they will be operating limousines or novelty vehicles. Novelty vehicles can include converted vehicles like tanks or fire engines, and amphibious vehicles such as those used on duck tours.

Although different in appearance to traditional vehicles due to the body style, they may be still classed as cars, minibuses, coaches or buses. All stretched limousine style vehicles need to be operated under a licensing system as it is a criminal offence to operate a vehicle for hire (i.e. to convey paying passengers in the course of a business, for payment or otherwise) without a licence. Unless the vehicle is adapted to carry more than eight passengers, it is likely that the operation will come under Private Hire arrangements, and that the vehicle will not be eligible to be operated under a PSV operator’s licence.

Applicants for these types of vehicles must prove that the vehicle to be used is suitable and holds the required number of passenger seats.

Applicants seeking to use limousines or novelty vehicles may be asked for assurance that the limousines or novelty vehicles will have 9 or more passenger seats and will have a valid Certificate of Initial Fitness or Individual Vehicle Approval.

You must keep to any such undertakings, or the traffic commissioner may take regulatory action against your licence.

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Annex 4 - Relevant Convictions

Convictions and Penalties

You must declare all relevant convictions and penalties at the time you make your application and any additional convictions after the licence has been granted. You must also inform a traffic commissioner immediately of any convictions that occur between the date of you applying for a licence and a decision being made on your application.

A traffic commissioner will decide whether the convictions are relevant. It is a criminal offence to make a false declaration. Failure to provide all information could subsequently lead to regulatory action.

You must notify a traffic commissioner if any person named on your application, or on your licence (including partners, directors or transport managers), any company of which a person named on the application/licence is a director, or any parent company if you are a limited company, has been convicted of any of the following:

  • under or by virtue of the 1981 Act;

  • under sections 5(1), 8(1), 11, 13, 16(1), 17(4), 18(3) of the Road Traffic Regulation Act 1984;

  • under section 1(2) of the Sporting Events (Control of Alcohol etc.) Act 1985;

  • under or by virtue of [Parts I and II] and Section 101 of the 1985 Act;

  • under or by virtue of Parts I, II, III, IV and sections 164(6) and (9), 165(3) and (6), 168, 170(7), 171(2), 172(3) and (4) 173(1), 174(1) and (2) and (5) in Part VII of the Road Traffic Act 1988;

  • under section 70 of the Criminal Justice (Scotland) Act 1980;

  • under section 91 of the Road Traffic Offenders Act 1988;

relating to-

(i) the speed at which vehicles may be driven,

(ii) drivers’ hours or the keeping of drivers’ records under or by virtue of Part VI of the Transport Act 1968,

(iii) new bus grants under section 32 of, and Schedule 8 to, the Transport Act 1968, grants towards bus fuel duty under section 92 of the Finance Act 1965,

(iv) a duty of excise imposed by or under the [Vehicles (Excise) Act 1971 or the Vehicles Excise and Registration Act 1994, and

In addition to the above convictions, you must notify a traffic commissioner if any person named on your application/licence, (including partners, directors or transport managers), any company of which a person named on your application/licence is a director, or any of your employees or agents, has any of the following:

Any conviction under the law of Northern Ireland or any country outside the United Kingdom which relates to the offences noted above for all applicants/licence holders.

Any conviction where one or more of the following punishments was imposed:

  • imprisonment exceeding 3 months

  • a fine exceeding level 4 on the standard scale

  • a community service order (or equivalent) requiring unpaid work for more than 60 hours

  • any punishment outside the UK corresponding to any of the above

  • any conviction or penalty for an offence under UK law relating to road transport, or any corresponding offence outside the UK. In particular, but not limited to offences relating to:

  • drivers’ hours of work and rest periods

  • the weights and dimensions of commercial vehicles w Road and vehicle safety

Any conviction or penalty for an offence under UK law relating to road transport, or any corresponding offence outside the UK. In particular:

  • exceeding the maximum 6-day or fortnightly driving time limits by margins of 25 % or more.

  • exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more without taking a break or without an uninterrupted rest period of at least 4.5 hours.

  • not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.

  • driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle.

  • transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or nonapproved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.

  • carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence.

  • driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents.

  • carrying goods exceeding the maximum permissible laden mass by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.

Spent convictions

You do not have to declare convictions which are “spent” under the Rehabilitation of Offenders Act 1974. The following link shows the rehabilitation period, at the end of which convictions will become spent. The rehabilitation period depends on the sentence for the original offence and runs from the date of conviction.

See Guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975.

The convictions of corporate bodies are not subject to the Rehabilitation of Offenders Act 1974.

Section 4 of the Rehabilitation of Offenders Act 1974 states that a person who has become a rehabilitated person shall be treated for all purposes in law as though there has been no conviction against that person, no evidence is admissible in any proceedings to prove that conviction where it is “spent” and an individual cannot be questioned in any proceedings if the questions cannot be answered without referring to a “spent” conviction.

This provision relates to proceedings before any judicial authority including a Tribunal, and as a result, includes proceedings before traffic commissioners. Commissioners and their staff should therefore satisfy themselves as to whether:

  • the sentence imposed is not/excluded from rehabilitation under the Act

  • since the conviction and during the relevant rehabilitation period, there has not been a subsequent conviction and sentence which is excluded from rehabilitation

  • the sentence was served in full. (A sentence of imprisonment is deemed to have been served as at the time that the Order requires the offender to be released from prison)

A later conviction may affect the rehabilitation period for an earlier conviction if it happens before the first period has run out.

If you are not sure whether your convictions are “spent”, you should declare it and a traffic commissioner will then consider each case on its merits.

You should note that a traffic commissioner can also take into account any other conduct that may affect your fitness or good repute to hold a PSV operator’s licence. You should declare anything that may be relevant to the traffic commissioner on the application for a licence.

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Published 15 March 2023
Last updated 6 February 2024 + show all updates

  1. Updating details re: Appealing a Traffic Commissioner decision to link to Upper Tribunal form and process.

  2. adding a Welsh translation

  3. First published.

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