Guidance

Senior Traffic Commissioner Statutory Document Summaries

A summary of the Statutory Documents.

• From: Traffic Commissioners for Great Britain
• Published: 21 April 2026

Applies to England, Scotland and Wales

Key Information on Operator Licensing and Statutory Guidance  

Introduction 

This introduction summarises the key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on the framework for operator licensing in Great Britain. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes, and Case Examples that follow. 

For the complete text, including legislative references and case law, please refer to: Introduction to Statutory Guidance and Directions on Operator Licensing: 0 

Operator Licensing 

A licence is granted on trust. Operators must comply with all conditions and undertakings throughout the life of the licence. These requirements are in place to ensure that vehicles are operated safely and in fair competition with other operators. Failure to comply with the licence obligations can result in regulatory action, including revocation, suspension, or curtailment. 

Role of Traffic Commissioners & Senior Traffic Commissioner Powers 

Traffic commissioners are independent regulators and licensing authorities for operator licensing across eight traffic areas in Great Britain.  

A traffic commissioner is appointed as the Senior Traffic Commissioner (STC), with powers to deploy commissioners, direct support staff, and issue statutory guidance and directions. These are often referred to as the Statutory Documents. 

Commissioners must act under the STC’s Directions and have regard to the STC’s Guidance. Deputy traffic commissioners may be deployed as needed and act under the same statutory framework. The statutory documents aim for consistency, transparency, and proportionality, balanced with duties such as the Growth Duty. 

Goods Vehicle Operator Licensing 

It is unlawful to use a goods vehicle on a road for hire or reward or in connection with a trade or business without an operator’s licence, unless a legal exemption applies. 

Licences can authorise the use of heavy goods vehicle (HGV) over 3.5 tonnes maximum laden weight or light goods vehicle (LGV) used internationally, with a maximum laden weight more than 2.5 tonnes and up to 3.5 tonnes. 

There are three types of operator licence: 

• Standard International: For carrying goods for hire or reward within Great Britain and internationally.
• Standard National: For carrying goods for hire or reward within Great Britain only.
• Restricted: For carrying the operator’s own goods as part of their business, both in Great Britain and internationally. This licence cannot be used to carry other people’s goods for payment.  

Operators must ensure that vehicles and trailers are in their legal possession, added to the licence within one month of acquisition, and display discs while listed. Having more vehicles than permitted, or regularly swapping vehicles on and off the licence, can affect compliance, especially with financial and operating centre requirements. Vehicles should remain on the licence if they are still used in the business. Vehicles on Statutory Off Road Notification (SORN) do not need to be authorised, but if stored at the operating centre, may still count towards its capacity. 

Examples of Types of Business and Type of Licence Required 

The predominant purpose of the operation, ownership of goods, and whether carriage generates direct or indirect payment are key factors in determining the appropriate licence. For example: 

• Recovery operations: Can be restricted-licence activity, but returning a repaired vehicle generally requires standard authority.
• Builders merchants: Where the main business is buying and selling goods, a restricted licence is appropriate. If the operation becomes primarily warehousing, a standard licence may be required.
• Sewage removal: Where processing is involved, a restricted licence may be suitable. If waste is transported to third-party premises for treatment, a standard licence may be required.
• Skip operations: Where processing contents occurs on the operator’s premises, a restricted licence may suffice.
• Scaffolding: Carrying own material, where transport is ancillary to the scaffolding business, requires a restricted licence.  

It is also important to determine who is the operator, based on control and employment arrangements. 

Passenger Carrying Vehicles 

A public service vehicle (PSV) operator’s licence is required if to use a vehicle designed or adapted to carry nine or more passengers for hire or reward. 

Vehicles with eight or less passenger seats operated for hire or reward are likely to 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. 

There are four types of operator’s licence: 

• Standard International: For running passenger services in Great Britain and abroad.
• Standard National: For running passenger services within Great Britain only.
• Restricted: For using smaller vehicles (8–16 seats) where passenger transport is not the main business activity (for example, a hotel or school minibus).
• Special Restricted: For operating certain local services, such as former taxi services, usually in specific areas or circumstances.  

PSV operators are not required to specify vehicles in the same way as goods operators but must meet financial standing and maintenance/compliance arrangements proportionate to the authority requested. 

Licence types mirror those for goods operators, but requirements for restricted licences differ (e.g., authorising vehicles with 8–16 passengers where the main occupation is not passenger transport for hire or reward). 

Proportionality and Decision-Making 

The Statutory Documents are intended to provide a consistent basis for decision making and have been developed with regard to the Regulators’ Code. The Upper Tribunal recognises the Statutory Documents as a useful starting point. Decisions must: 

• Demonstrate a balancing exercise, be reasoned, proportionality and, where appropriate, deterrence.

• Be reasoned and intelligible, identifying relevant factors, assessing them, and explaining the weight given.

• Clearly state the reasons for any adverse decision, so parties understand the outcome.

Application of Statutory Guidance and Directions 

• Staff must follow statutory directions; any departure requires an exception report.

• If a traffic commissioner departs from guidance, detailed reasons must be recorded.

Key Information on Good Repute and Fitness for Operators 

Introduction 

This key information document summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on good repute and fitness. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions and Annexes that follow.  

For the complete text, including legislative references and case law, please refer to: Statutory Guidance and Directions on Good Repute and Fitness  

Definitions 

Good repute: Being trustworthy, honest, and responsible. This is a mandatory and ongoing requirement for all standard licences (goods and passenger) and for restricted PSV licences. It also applies to transport managers. In essence, it is about whether a traffic commissioner can trust you to run your transport business safely and legally. 

Fitness: The ability to run a transport business properly through robust compliance systems and an ability to keep promises (undertakings). Fitness applies to all licence types. 

Importance of Good Repute and Fitness 

Good repute and fitness are fundamental to holding an operator’s licence. Loss of good repute is likely to result in revocation of a standard licence. Fitness is assessed on an ongoing basis and encompasses day-to-day management systems. 

Loss of good repute or fitness may also result in disqualification of the operator or transport manager from holding or applying for an operator’s licence. 

Factors Considered by the Traffic Commissioner  

When assessing good repute and fitness, a traffic commissioner considers a range of factors, including but not limited to: 

• Convictions, particularly those for serious or road transport offences.

• Repeated or serious fixed penalty or prohibition notices.

• Patterns of dishonesty, non-compliance, or poor management.

• The operator’s compliance systems, including staff training and risk management.

• Remedial actions taken following any compliance failures.

• Bankruptcy, sequestration, administration, or liquidation cases (especially where debts have been avoided).

• Operating non-compliantly (e.g., use of an unauthorised operating centre).

• Failure to heed instructions or cooperate with enforcement agencies.

• Collisions with infrastructure (e.g., bridge strikes).

• Any Most Serious Infringements (MSIs).

These factors are considered as part of an overall assessment and do not automatically result in regulatory action. 

Grounds for Loss of Licence 

Certain circumstances are likely to result in the loss of good repute or fitness, and therefore regulatory action such as revocation or disqualification. These include: 

• More than one conviction for a serious or transport-related offence.

• Dishonesty or attempts to circumvent the operator licensing system.

• Use of another person’s licence (“fronting”) or phoenix arrangements to      avoid previous business liabilities.

• Undertakings given to a traffic commissioner are not fulfilled.

Spent Convictions 

Spent convictions are generally disregarded, but may be considered where justice requires. The Traffic Commissioner will record reasons for such consideration. Timeframes for spent convictions vary (e.g. 12 months after a fine, 7 years after a long prison sentence). The status of individual convictions can be checked for England and Wales or Scotland. 

Most Serious Infringements (MSIs) 

MSIs include major breaches such as:  

• Exceeding drivers’ hours by a significant margin.

• Absence of or use of fraudulent tachograph equipment.

• Operating vehicles with severe defects or no roadworthiness certificate.

• Transporting prohibited or improperly contained dangerous goods or creating serious risk to life or environment.

• Driving without a valid licence or operating without the required Community licence.

• Using falsified, borrowed, or fraudulently obtained driver cards.

• Carrying goods whilst exceeding the maximum permissible laden weight by a significant percentage.

Where an MSI is identified, a traffic commissioner will assess whether revocation is proportionate. If a licence is not revoked, the reasons must be documented. MSIs can also lead to loss of good repute, revocation, and disqualification of the operator or transport manager. 

Notification Obligations 

Operators must notify a traffic commissioner within 28 days of: 

• Any change to the name or legal form of the business such as a change in registered company number.

• Convictions of the operator, staff, or directors.

• Bankruptcy or insolvency events.

• Changes to company address, directors, transport manager, operating centre, or vehicles/trailers.

• Matters affecting good repute, financial standing, professional competence or that of the transport manager.

Compliance Systems 

Operators and staff are expected to follow all relevant rules, maintain accurate records, and address compliance issues promptly. The absence of a transport manager does not remove the obligation to comply with regulatory requirements. 

An operator should review the need for further training at regular intervals. 

Transport Manager Responsibilities 

Standard licence holders must appoint a reputable and competent transport manager. The operator must ensure the transport manager is actively fulfilling their statutory duties. 

Additional Requirements for PSV Operators 

PSV operators must: 

• Report any failure or damage of a nature which has been calculated to affect the safety of the passengers promptly to the Secretary of State.

• Comply with accessibility and driver conduct standards.

• For services to sporting events: notify the police, prohibit alcohol, and safeguard of under-18s.

Practical Compliance Measures 

• Maintain a log of all reportable changes.

• Provide regular staff training.

• Conduct compliance audits.

• Keep comprehensive records of maintenance, drivers’ hours, and operational systems.

• Communicate proactively with enforcement bodies and the Traffic Commissioner.

• Review the need for further training at regular intervals.

Appeal Rights 

Operators have a statutory right of appeal against decisions of a traffic commissioner. Where an adverse decision is made, the right of appeal will be set out in the letter notifying the decision. 

Key Information on Financial Evidence 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on financial standing. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: finance - GOV.UK 

Definitions 

Holding an operator’s licence requires continuous access of sufficient funds to operate vehicles safely and legally. This requirement is known as “financial standing” for standard licence holders and “financial resources” for restricted licence holders. 

A traffic commissioner will usually check that the required funds have been available on average over a three-month period, not just on a single day. These rules exist to make sure operators can maintain their vehicles safely, comply with the law, and compete fairly. 

Funds must be genuinely accessible when required, generally within 30 days, so that bills can be paid as they fall due. 

Names on Financial Evidence 

Evidence must be in the name of the applicant or operator. For new sole traders or partnerships, evidence in another person’s name may be accepted if supported by a statutory declaration, but only for new applications. 

Limited companies and Limited Liability Partnerships cannot submit financial statements in a person’s name. If a sole director offers bank statements in their own name, these will be rejected. Financial evidence must be in the name of the entity applying for the licence. 

Finance Levels 

Standard licence holders for either heavy goods vehicle (HGV) and public service vehicle (PSV) operators must show £8,000 for the first vehicle and £4,500 for each additional vehicle. 

Standard light goods vehicle (LGV) operators must show access to £1,600 for the first vehicle and £800 for each additional vehicle. 

Restricted operators for both HGV and PSV must show access to £3,100 for the first vehicle and £1,700 for each additional vehicle. 

For multiple licences, the “first vehicle” rate applies only once. 

Acceptable Financial Evidence: 

Acceptable forms of financial evidence include: 

• Audited accounts that are less than 18 months old.

• Bank statements showing average balances over three months (existing licence holder) or 28 days on application (new or variation).

• Formal agreements for overdrafts, credit cards, or invoice finance (with supporting bank statements).

• Guarantees or insurance policies from financial institutions. They must be formal agreements and be referred to a traffic commissioner.

• Group accounts or cross company guarantees will only be accepted on application for a new licence. A cross-company guarantee must be a formal agreement, accompanied with a copy of the minutes of the board meeting. They must be referred to a traffic commissioner.

• Savings accounts if money can be drawn down within one month.

Unacceptable Financial Evidence: 

Unacceptable forms include: 

• Cash without documentation.

• Children’s accounts.

• Unverified shares, bonds, or insurance policies.

• Physical assets such as property, plant, machinery, livestock or perishable goods.

• Bank letters (other than formal overdrafts).

• Aged debt registers or records of debt owing to the operator or applicant.

Applications       

Where 28 days of financial evidence cannot be shown, an opening or closing balance may be accepted if the source is explained. Goods vehicle applicants may be granted a time-limited interim licence, allowing operation before the full licence is granted, but three months of bank statements must be provided within four months.

Public service vehicle applicants may be given a finance condition, requiring three months of statements six months after the licence starts. Failure to provide the required evidence or to meet the financial requirements may result in refusal or revocation of the licence. 

Operators must keep financial evidence up to date and inform the Traffic Commissioner promptly if there are any significant changes to their financial situation. 

Period of Grace 

If a standard licence holder cannot meet the financial requirements, it is possible to ask the traffic commissioner for extra time—known as a “period of grace”—to resolve the issue. This period can be up to six months, but it is not guaranteed and will only be granted if there is clear evidence that the financial situation can be improved. The traffic commissioner decides whether to allow this period and may refuse the request. 

During a period of grace, the operator must provide up-to-date financial evidence, usually three months of recent bank statements in the operator’s name, before the period ends. If the financial requirements are still not met when the period of grace finishes, the licence may be revoked. 

Restricted licence holders cannot request a period of grace. 

Summary 

• Financial standing (for standard licences) and financial resources (for restricted licences) are ongoing requirements for all operator licence holders.

• Required funds must be genuinely accessible, usually within 30 days, and evidenced in the correct name.

• The Traffic Commissioner typically checks that the required amount has been available on average over a three-month period.

• Generally, bank statements or audited accounts are the simplest way to demonstrate finance.

• Interim arrangements and periods of grace are available in certain circumstances, but strict rules apply.

• Failure to meet the requirements or provide suitable evidence can result in refusal or revocation of the licence.

Key Information on Transport Managers 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on transport managers. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: transport managers - GOV.UK 

Definitions 

A transport manager is an individual responsible for the effective and continuous management of an operator’s transport activities, ensuring compliance with all relevant laws and standards. Transport managers are only required to be nominated for standard licence holders but can act in a similar capacity for restricted licence holders. 

A transport manager can be an employee of the operator (internal transport manager) or contracted for their services (external transport manager). 

Requirements of Being a Transport Manager 

A transport manager must: 

• Be of good repute.

• Be professionally competent and suitably qualified.

• Effectively and continuously manage the transport activities of the operator.

• Not be disqualified from serving as a transport manager by a traffic commissioner.

• For external transport managers: not work for more than four operators or be in charge of more than 50 vehicles (or fewer, if the traffic commissioner decides).

For goods operators (heavy and light goods), the transport manager must also be a resident of the United Kingdom. 

For public service vehicle operators, residency is not required, but the location of the transport manager is still considered to ensure effective management. 

Every transport manager must have a genuine link to the operator, such as being an employee, director, partner, or having a direct contract for services in the name of the transport manager. 

Professional Competence 

A valid Certificate of Professional Competence (CPC) or Acquired Rights certificate is required.  

Transport managers must keep their knowledge up to date and may be required to undertake refresher training, especially if shortcomings are identified or after a period of absence. 

If not specified on a licence for 5 years and/or the CPC is more than 10 years old, evidence of continuous professional development (CPD) should be provided. 

Key Responsibilities 

Transport managers are responsible for the effective and continuous management of transport operations. This includes: 

• Overseeing vehicle maintenance and safety.

• Managing driver licensing and training.

• Ensuring compliance with hours and record-keeping rules.

• Auditing compliance systems and responding to shortcomings.

• Keeping up to date with relevant laws and standards.

If unable to carry out these responsibilities, the transport manager should notify the operator in writing. If the operator prevents effective management, resignation may be necessary to retain good repute. 

Any changes affecting the transport manager’s role (such as resignation, reduction in hours, or changes in competence) must be reported to the Traffic Commissioner within 28 days. 

The operator is ultimately responsible for compliance, but non-compliance can affect the transport manager’s repute. 

Time Commitment 

A transport manager must spend enough time each week to manage the operator’s transport activities properly. The minimum time expected depends on fleet size—for example, 2–4 hours per week for 2 vehicles, increasing to full-time for fleets of 30 or more. The hours declared must be realistic and sufficient for the responsibilities involved. The traffic commissioner may ask for evidence that the time commitment is being met. 

External Transport Managers 

External transport managers can be appointed when appropriate. They must have a genuine link to the operator. They are limited to working with no more than four operators and a combined total of 50 vehicles. 

They must show they can fulfil their responsibilities for all operators they work with. 
A contract for services must be between the operator and the individual transport manager, not a company. The contract should set out the role and responsibilities, weekly hours, pay rate, and notice period. 

Period of Grace 

If a transport manager is lost or temporarily unavailable, operators may request a period of grace to appoint a replacement: 

• Up to 6 months (or 9 months in cases of death or physical incapacity).

• Requests must include evidence that the period will be worthwhile.

• Usually granted for three months initially, with possible extension.

• The application for a new transport manager must be complete and granted before the period ends, or the licence may be revoked.

• Traffic commissioners are not obliged to grant a period of grace.

Repute and Disqualification 

Transport managers must maintain good repute at all times. Serious infringements, convictions or a failure to fulfil the statutory duty can result in disqualification. Disqualified individuals may be rehabilitated through further training or re-examination. The Traffic Commissioner considers each case individually. 

Summary 

• Transport managers are essential for safe, legal, and compliant transport operations, being a legal requirement for standard licences.

• The role requires ongoing professional competence, active involvement, and a genuine link to the operator.

• Reporting changes and following statutory requirements is vital to maintain both the operator’s licence and the transport manager’s repute.

Key Information on Operating Centres, Stable Establishments & Addresses for Service 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on operating centres, stable establishments, and addresses for service. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions and Annexes that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: operating centres, stable establishments and addresses for service - GOV.UK  

If you run heavy goods vehicles or public service vehicles in the UK, you need an operator’s licence. This licence comes with rules about where you keep your vehicles (operating centres), where your business is based (stable establishment), and how the authorities can contact you (address for service). 

Operating Centres 

An operating centre is where vehicles are normally kept when not in use. An operating centre is not required for international light goods vehicle operators (LGV). Operators must apply to the Traffic Commissioner for permission to use a site as an operating centre and for it to be listed on an operator’s licence. It is an offence to use a site as an operating centre without authority. 

Heavy Goods Vehicle (HGV) operators  

A site must be suitable and available to be used as an operating centre. Traffic commissioners assess suitability based on environmental impact, safety, and capacity. The assessment is limited to the operating centre and access from a public highway.  

Operating centres for HGVs must be advertised locally to allow objections or representations. This advert should appear no earlier than 21 days before and no later than 21 days after the licence application. The advert must include the operator’s address, the site address, the number of vehicles and trailers, and instructions for making objections. 

Public Service Vehicle (PSV) operators 

Operating centres for PSVs are not advertised and cannot be objected to on environmental grounds. However, the site must be suitable so that driver daily walk round checks can be conducted, and there is enough room for the vehicle to park. 

Objecting and Representing 

Certain organisations, such as the police, local councils, some trade associations, and some trade unions, can formally object to an application. For HGVs, objections can be made on environmental grounds like noise or pollution. For light goods vehicles (LGVs) and public service vehicles (PSVs), objections focus on matters such as repute, finances, or compliance. 

Neighbours or landowners near the site can also send written representations if they believe their property or enjoyment of land will be affected on environmental grounds such as noise, pollution, or visual impact. These must be submitted in writing within 21 days of the advert and copied to both the applicant and the Traffic Commissioner. 

Further guidance on how to oppose heavy goods vehicle licence applications or the use of an operating centre is available here: Guide to making representations, objections and complaints 

Complaints 

Complaints about an operating centre can be made at any time if rules are being broken. The Traffic Commissioner may but is not required to review a site every five years, especially if complaints have been received. 

Transfer of Operating Centre – (HGVs only) 

An operating centre can be moved from one licence to another without advertising, provided the number of vehicles and trailers remains the same. Both parties must agree and the former operator must surrender the use of the operating centre.  

Any conditions or undertakings attached to the operating must be accepted and agreed by the operator applying to transfer the operating centre, and it cannot be shared with any other operator. In other words, it must have its own designated, separate parking area. 

If there is a history of complaints about the site, a traffic commissioner may reject the transfer, and transfer and require the operating centre to be advertised. 

Shared Sites 

When a site is shared with other operators, a clear parking plan is required to show where each operator’s vehicles will be parked. There must be enough space for safety checks and parking. 

Conditions and/or Undertakings (all operators) 

A traffic commissioner can impose conditions on an operator’s licence which can restrict the use of the operating centre. Any conditions must be reasonable and enforceable. Operators or applicants are given the opportunity to make representations against any condition and what effect it would have on their business. Operators have the right to appeal against decisions to the Upper Tribunal 

Legal promises recorded as undertakings on an operator’s licence can also be offered by an operator or applicant, but they cannot be appealed against to the Upper Tribunal. They should still be reasonable, and enforceable. 

Stable Establishment 

A standard licence requires a real, physical business base in the UK. This is where core business records are kept and operations are managed. PO Boxes are not acceptable as a business address. An operator is also required to have access to vehicles and drivers in the UK which are proportionate to the scale of operations.  

Address for Service 

An up-to-date address must be provided for receiving official letters and emails. Any changes to this address must be reported promptly. Failure to respond to correspondence or keep this address up to date can lead regulatory action and loss of the licence. 

Key Information on Legal Entities 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on legal entities and insolvency. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: legal entities - GOV.UK  

Legal Entities 

Traffic commissioners must know the legal status of anyone operating or applying to operate vehicles. Operator’s licences cannot be transferred between different legal entities. If a business changes structure (for example, from a partnership to a company), a new licence application is required. This also applies if a company’s registered number changes. 

The main different types of legal entities are: 

Sole trader: An individual running a business in their own name, personally responsible for all business obligations. Trading names may be used, but legal responsibility always remains with the individual. 

Partnerships: Formed when two or more people work together. In England and Wales, a partnership is not a separate legal entity from its partners. If a partner joins or leaves, the partnership may be legally dissolved unless the partnership agreement allows it to continue, often requiring a new licence application. In Scotland, a partnership is a separate legal entity, so changes in partners do not automatically dissolve the partnership. 

Limited Companies: Separate legal entities from their owners and directors, registered with Companies House and issued a unique company number. Only the company operating vehicles should hold the operator’s licence. Directors are responsible for ensuring the company meets its obligations. 

Limited Liability Partnerships (LLPs): Combine features of companies and partnerships. Members’ liability is limited, all must be registered with Companies House, and the LLP must use its full name on all correspondence. 

Unincorporated bodies: Clubs or associations can apply for licences, but responsibility for compliance must be clearly assigned. 

Trusts and charities: Trusts should hold licences in the names of the trustees. Charities can be set up as trusts, companies, or special charity organisations. The licence must be held by the actual legal body running the vehicles. 

Responsibilities of Directors and Key Individuals 

Directors and those in control of a business (the entity that holds the licence) are responsible for setting standards and ensuring compliance. All directors share responsibility unless specific roles are clearly defined. Companies must keep records of individuals who have significant control or influence, and a traffic commissioner may look beyond formal titles to identify who is actually in control. 

Formal correspondence should come from the operator or transport manager. Exceptionally, correspondence can be received from someone else in the business who has a letter of authority from a director. 

Employees 

The business must make sure drivers, and other staff are properly employed and follow tax and working rules. 

Drivers are usually employees unless they run their own business as owner-drivers. If drivers work through their own companies, special tax rules (IR35) may apply. 

Insolvency and Changes in Business Structure 

Bankruptcy applies to individuals only and prevents them from acting as directors. Insolvency for individuals may also include individual voluntary arrangements (IVA) with creditors or debt relief orders. 

For companies, insolvency can take several forms: 

• Administration: An administrator is appointed to manage the company’s affairs, aiming to rescue the business or achieve a better outcome for creditors.

• Company Voluntary Arrangement (CVA): The company agrees a repayment plan with creditors, allowing it to continue trading while repaying debts over time.

• Liquidation (Winding Up): The company’s assets are sold to pay creditors, and the company is dissolved. This can be voluntary (initiated by the company) or compulsory (ordered by the court).

• Receivership: A receiver is appointed by a creditor to recover money owed, usually by selling company assets.

In cases of insolvency, death, or incapacity, applications may be made to continue operations for a limited period. Once a company is dissolved, it ceases to exist and the licence must be revoked. 

It is important to keep the traffic commissioner informed of any changes in business structure or financial status. Failure to notify changes may result in loss of licence or other penalties. 

What Happens if the Licence Holder Dies, Becomes Ill, or the Business Goes Bust 

If a licence holder dies, becomes seriously ill, goes bankrupt, or if a company goes into liquidation or administration, Regulation 31 (for goods vehicles) or Section 57 (for public service vehicles) lets someone else apply to temporarily keep the business running under the licence. 

For individuals or partnerships, the surviving partner or family can ask the traffic commissioner for permission to keep operating for up to 12 months (sometimes longer in special cases). 

For companies, only the official liquidator, administrator, or receiver can apply whereas former directors cannot. 

A traffic commissioner may decide to hold a hearing to decide if the licence can continue and for how long. 

Phoenix Companies 

If a company goes bust, the directors cannot just start a new company with the same or a similar name for five years, unless they get special permission. 

This rule stops people from dodging debts and starting again under a new name. There are exceptions, but strict rules must be followed. 

Key Information on Driver Conduct for Professional Drivers 

Introduction 

This key information document summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on vocational driver conduct. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: vocational driver conduct - GOV.UK 

Definitions 

Traffic Commissioners have powers over the driving entitlement of holders of Large Goods Vehicle (vehicles over 7500kg) and Passenger Carrying Vehicle (normally vehicles over 16 passenger seats but can be vehicles over 8 passenger seats). This is commonly referred to as vocational entitlement. 

Driver conduct refers to the behaviour and standards expected of holders of vocational driving licences. Traffic Commissioners consider whether a driver is fit (by way of conduct – not health) to hold vocational entitlement. 

Matters Considered by Traffic Commissioners 

Traffic Commissioners may take into account: 

• For Large Goods Vehicle (LGV) drivers, only conduct as a driver in any vehicle is relevant.

• For Passenger Carrying Vehicle (PCV) drivers, both driving conduct and any other behaviour relevant to passenger safety (including theft, violent and sexual behaviour) may be considered.

• Patterns of behaviour, including repeated or serious offences.

• Post-offence behaviour, such as evidence of training, rehabilitation and attitude.

Rehabilitation of Offenders: Certain convictions become “spent” after a statutory period; however, serious or repeated conduct may still be relevant where justice requires. 

Referral and Hearing Process 

Cases are referred to a traffic commissioner from the Secretary of State via DVLA or following third-party notifications from DVSA or the police. Upon referral, the driver may receive:  

• A written proposal for action; or

• A requirement to attend a driver conduct hearing, which is generally held in public unless there are exceptional circumstances.

Failure to respond to correspondence or attend a hearing may result in action being taken in the driver’s absence.  

Decisions relate solely to vocational entitlements and do not affect ordinary driving licences. 

Powers of a Traffic Commissioner   

Traffic Commissioners have statutory authority to: 

• Grant, renew or refuse vocational entitlements.

• Issue formal warnings.

• Suspend or revoke vocational licences.

• Disqualify a driver for a specified period.

• Require a re-test before reinstatement of entitlement.

• Delay the return of vocational entitlement after a car driving licence has been re-instated following a period of disqualification.

Professional Standards Expected 

Vocational drivers are required to maintain standards above those expected of ordinary drivers. Key obligations include: 

• Compliance with all road traffic laws and speed limits.

• Adherence to drivers’ hours, working time and tachograph regulations,          with accurate and honest record-keeping.

• Completion of 35 hours of Driver CPC training every five years and     carrying the Driver Qualification Card (DQC) when required.

• Conducting effective daily walk-round checks and refraining from    operating vehicles with safety-critical defects.

• Prohibition on the use of hand-held mobile devices while driving.

• Prompt reporting of relevant convictions and incidents (within 28       days).

• Respectful behaviour towards enforcement and public officials.

• Full honesty in dealings with authorities; falsification of records or use   of another person’s tachograph card constitutes serious misconduct.

• Compliance with bail or court order conditions.

• Route planning and awareness of vehicle dimensions to avoid low     bridges and infrastructure collisions.

Appeal Rights 

Drivers have a statutory right of appeal against decisions of a Traffic Commissioner: 

• England and Wales: Appeal to the local Magistrates’ Court within six months of the decision. Appeals are generally by way of a full rehearing.

• Scotland: Appeal to the local Sheriff Court within 21 days of the decision. Appeals are limited to a review of whether the Traffic Commissioner’s decision was reasonable and lawful.

Common Grounds for Regulatory Action 

Each case is assessed on its individual merits. Traffic Commissioners adopt an indicative starting point and adjust upwards or downwards to reflect positive or negative features.  

The starting points for regulatory action are detailed in Annex A available here. For drivers currently serving in the armed forces the starting points for regulatory action are detailed in Annex B available here, this takes into account the different environment in which they drive. 

The following categories of conduct commonly result in significant regulatory sanctions: 

• Drink or drug driving (first offence or repeat):  

Extended disqualification of vocational entitlement is the usual outcome. Repeat or aggravated cases may lead to refusal, revocation and lengthy periods of disqualification.

• Mobile phone/device use (CU80):                                                     

This is regarded as a serious road safety risk. Initial offences typically attract a formal warning; repeated offences escalate to a hearing and suspension. Where the offence occurs in a commercial vehicle, longer suspensions should be expected.

• Speeding (SP10/SP40 in commercial vehicle):

First offence – formal warning; second offence – suspension of vocational entitlement for approximately six weeks. 

• Tachograph/drivers’ hours falsification:

Examples include the use of magnets, interrupter switches, another person’s card or deliberate removal of the card. The usual starting point is revocation and a 12month disqualification, with longer periods for multiple or particularly serious offences. 

• Bridge strikes and collisions with infrastructure:

Where caused by carelessness or negligence, the starting point is revocation and a six month disqualification, subject to adjustment for specific circumstances. 

• Speed limiter interference:

Disablement reported promptly by the driver may attract a warning or short suspension. The use of interference devices normally results in revocation and a 12-month disqualification. 

• PCV sexual offences or Sexual Risk Orders:

These cases almost invariably result in revocation of the PCV entitlement and, in many instances, indefinite disqualification due to the heightened risk to passenger safety. 

• Using a vehicle with a dangerous defect that would be apparent toa diligent driver: 

This usually follows a DVSA “s-marked prohibition” where it is indicated that the driver was culpable. Examples include ABS warning lights, bald or visually damaged tyres and missing ISO cables for trailers.

• Abusive or intimidating conduct towards officials:

Such behaviour is treated seriously and may result in lengthy suspension of vocational entitlement. 

Key Information on Impounding 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on impounding of vehicles. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: impounding - GOV.UK 

Operator Licensing Requirements 

An operator’s licence is required to use: 

• A goods vehicle over 3.5 tonnes on a public road for hire or reward, or     for business purposes.

• A passenger service vehicle adapted to carry more than eight passengers for hire or reward.

Impounding Powers and Circumstances 

The Driver and Vehicle Standards Agency (DVSA) and, in some cases, police officers are authorised to detain vehicles operating without the appropriate operator’s licence. 

Notification and Application Process 

When a vehicle is detained: 

• DVSA publishes a notice in the Gazette (London or Edinburgh as appropriate).

• The owner and other interested parties are notified and told how to apply for the vehicle’s return.

Applications for return must be made within 21 days following the procedure set out in the notice. If the application is late, the traffic commissioner can sometimes still consider it, but only if the vehicle has not already been disposed of (sold or destroyed). 

Applying for Return of a Vehicle 

An application for the return of an impounded vehicle may be made if any of the following apply: 

• The driver had a valid licence when the vehicle was taken (even if it didn’t cover that specific type of vehicle).

• The vehicle wasn’t being used illegally for hire or reward or for business purposes without an operator’s licence.

• The vehicle was being used illegally for hire or reward or for business purposes without an operator’s licence, but the owner didn’t know it was being used that way.

• The owner knew the vehicle was being used illegally for hire or reward or for business purposes without an operator’s licence but had already taken steps to stop it and has now put things in place to prevent it happening again.

Only the legal owner can apply, in writing, to the relevant traffic commissioner within 21 days of the notice. The application should include: 

• The reason(s) the vehicle should be returned.

• Evidence of ownership, such as a bill of sale or another document that proves legal title. Registered keeper details, MOT bookings, insurance      payments, or servicing records alone are unlikely to be enough.

• Whether a hearing is requested.

Knowledge 

When an application for the return of an impounded vehicle is made, the Traffic Commissioner must decide whether the owner genuinely did not know the vehicle was being used illegally. The owner must provide proof; a simple assertion of ignorance is not sufficient. The Commissioner will consider what checks were undertaken, such as enquiries about the operator’s licence or other reasonable steps. If such checks were not made, an explanation is required. 

If a reasonable person would have made enquiries and the owner did not, justification for that decision must be provided. Deliberately ignoring obvious facts or failing to care about the consequences of not checking may result in the law treating the owner as if they had knowledge of the illegal use. Carelessness alone is not enough; the threshold is higher. 

All evidence and explanations will be considered to determine whether the owner genuinely lacked knowledge or should have known. If the owner cannot prove lack of knowledge, the law does not permit the vehicle to be returned. 

Steps to Preventing Future Use 

Where the owner knew the vehicle was being used illegally, the vehicle can only be returned if it is shown that proper steps were taken to prevent such use, both before and after the vehicle was impounded. This requires evidence that all reasonable measures were in place to prevent use without the correct licence, and that further steps have now been implemented to avoid recurrence. 

It is not sufficient to promise improvement; evidence is required, such as robust checks, staff training, or procedures, and a demonstration that the cause of the problem has been identified and addressed. The standard is high: strong systems and procedures must be shown, along with an explanation of why previous measures failed. Without this, the vehicle will not be returned. 

Hearings and Appeals 

If a hearing is requested, it should be held within 28 days of the application. Hearings are usually public but may be private in certain circumstances. Both the applicant and DVSA may present evidence and call witnesses. 

If a hearing takes place, notification of the decision must be given within 14 days of the hearing’s conclusion. If there is no hearing, notification must be within 21 days of the application. These periods may be extended if required for fairness. 

If the application is successful, the vehicle is returned. If not, it remains with DVSA and may be disposed of after the appeal period. Either party may appeal to the Upper Tribunal within 28 days, with further appeals possible in higher courts. 

Important Deadlines 

• Application for the return of a vehicle must be made within 21 days of notice.

• If a hearing is requested, it should be held within 28 days of the application.

• The traffic commissioner must notify of the decision within 21 days (no hearing) or 14 days (after hearing).

• Appeals must be made within 28 days of the decision.

Missing a deadline may result in the vehicle being sold or destroyed, and the right to claim it may be lost. 

Key Information on Delegation of Authority 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on delegation of authority. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: delegation of authority - GOV.UK 

Delegation of Functions 

Traffic commissioners are responsible for a wide range of functions, but many routine or administrative tasks are delegated to staff members. Delegation means that certain tasks are carried out by authorised staff on behalf of the traffic commissioner, but the commissioner remains ultimately responsible for those decisions. 

Delegation is only permitted where the law allows it, and only to suitable staff who have been specifically authorised in writing. Some decisions, particularly those that are judicial in nature or could significantly affect an individual’s rights are always reserved for the traffic commissioner and cannot be delegated. 

How Delegation Works 

• Delegations must be explicit, specific, and recorded in writing.

• The traffic commissioner decides which functions to delegate and to whom.

• Delegated staff must act within the limits set out in their written authority.

• If a staff member acts outside their delegation, the traffic commissioner is not responsible for those actions.

• Delegations expire if the traffic commissioner leaves office or can no longer act.

A Delegation Register is kept and updated at least every six months, recording all current delegations and ensuring transparency and accountability. 

Delegated authority may be withdrawn at any time by the traffic commissioner. 

Delegated Tasks and Responsibilities 

Staff may handle unopposed applications, issue warning letters for minor regulatory breaches, and process certain administrative changes with delegation. However, decisions involving disciplinary action, public inquiries, or significant changes to a licence are always reserved for the commissioner. Delegated tasks are matched to the experience and training of staff, and regular audits are conducted to ensure compliance with procedures. 

Decision-Making and Recording 

All decisions made under delegation must be: 

• Lawful and reasonable.

• Within the parameters set by statutory guidance.

• Properly reasoned and recorded.

All delegated decisions must be made with respect for individual rights and in accordance with the Human Rights Act 1998. Any doubts about fairness or the impact on rights must be referred to the traffic commissioner. 

Staff must avoid unnecessary delays and correspondence. If a case falls outside the delegated authority, it must be referred to the traffic commissioner. 

Audit and Oversight 

A robust audit process underpins the delegation system, with regular checks on decisions made by staff at all levels. The frequency and scope of audits are adjusted based on the experience of the staff member and any concerns identified. Where errors or issues are identified, appropriate training or corrective action is taken. The ultimate decision to retain or remove delegation rests with the commissioner. 

Deployment and Deputy Traffic Commissioners 

Traffic commissioners are assigned (or “deployed”) to specific traffic areas across Great Britain. The Senior Traffic Commissioner has the power to decide which commissioner is responsible for which area, and can also move commissioners or assign them to particular cases as needed. 

Deputy Traffic Commissioners (DTCs) are appointed to help with the workload. DTCs can carry out certain functions, but only those that are delegated to them by the Senior Traffic Commissioner or the relevant traffic commissioner. DTCs do not have responsibility for delegating tasks to staff, and their authority is limited to what is set out in their appointment or specific instructions. 

Multiple Licence Holders and Lead Traffic Commissioners 

Operators holding licences in more than one traffic area are allocated a lead traffic commissioner to coordinate matters relating to those licences. The lead commissioner is typically determined based on the location of the operator’s main establishment or the majority of its operating centres. This arrangement ensures consistency and efficiency in handling applications, compliance issues, and case management.  

Access to Data and Information Sharing 

Access to operator licensing data is controlled by the traffic commissioner. Staff may only access or share data if they have been delegated authority to do so, and all sharing must comply with information governance agreements. 

Data sharing with external agencies is governed by clear agreements and protocols, ensuring that information is only disclosed for legitimate purposes and with appropriate safeguards. Any doubts about data disclosure are referred to a specialist team for guidance. 

Key Information on Case Management

Introduction

This summary highlights the main principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on Case Management. It is not a substitute for the full statutory document and should be read alongside the full Guidance, Directions, Annexes, and Case Examples.

For the complete text, including legislative references and case law, see: Traffic commissioners: case management - GOV.UK

Case Management Overview

Case management is the process by which traffic commissioners ensure that cases involving operator licences and vocational driver conduct are handled fairly, efficiently, and with all relevant evidence considered. Traffic commissioners act as independent tribunals. They must be impartial and proportionate in their decisions, considering each case on its own merits while aiming for consistency in approach. The process is inquisitorial, meaning the commissioner actively seeks out the facts, but fairness and objectivity are always required.

Scheduling and Managing Cases

Cases are scheduled for hearing based on their complexity, urgency, and the resources available. Hearings should be held as soon as possible, especially where there are concerns about road safety. Related cases may be listed together to avoid inconsistent outcomes.

Delays, known as adjournments, are only granted for good reasons, and the commissioner always weighs the interests of justice and fairness before making such a decision.

Notice, Disclosure and Evidence

Parties involved in a case must be given proper notice of hearings and the reasons for any regulatory action. All relevant evidence must be shared in advance so that everyone has a fair chance to prepare. If new evidence comes to light, parties must be given an opportunity to respond before a decision is made.

Evidence at hearings must be truthful; false evidence may result in referral to the police. Hearsay is admissible but must be carefully assessed. Traffic Commissioners ensure all relevant evidence is available and parties have the opportunity to respond to new material.

Representation and Hearings

Representation at hearings is allowed, but there is no automatic right to free legal
representation. The traffic commissioner decides who can act as a representative in each case. Witnesses may be called to give evidence, either in person or, where appropriate, remotely. Most hearings are public, but some or all of a hearing may be held in private if sensitive or confidential information is involved.

The commissioner controls the hearing, decides what evidence is relevant, and ensures the process is fair. All decisions are based on the evidence presented and are recorded with reasons.

Active case management includes allowing time for parties to prepare, seek representation, and request interpreters if needed. Advocates, such as transport consultants or union reps must have permission from the traffic commissioner to assist the operator or driver at a hearing.

Hearings can be conducted in Welsh or with interpreters for those who need them. Reasonable adjustments are made for hearing-impaired or vulnerable parties to ensure everyone can participate fully. All evidence to be considered is compiled in advance and shared with the parties, and the traffic commissioner may issue directions to help ensure the case is ready for hearing.

Virtual and Hybrid Hearings

Virtual hearings, where some or all participants attend remotely via video or telephone, are possible if fairness can be maintained. These are generally suitable for straightforward cases, especially where parties are professionally represented and there are no vulnerable participants.

The traffic commissioner must consider whether all parties have access to the necessary technology and whether the nature of the case is appropriate for remote participation. Hybrid hearings, with some participants attending in person and others remotely, may also be arranged. The commissioner retains discretion to adjourn or switch to an in-person hearing if technical difficulties or fairness concerns arise. For witnesses located abroad, special procedures apply to ensure compliance with international law and the interests of justice.

Adjournments

Adjournments are granted where fair and supported by evidence, such as
medical grounds. Applications must be made by the party called to the hearing. Traffic Commissioners balance the need for timely hearings with the interests of justice.

If an operator, applicant or driver does not attend a hearing without good reason, the traffic commissioner has the right to make a decision in their absence.

Appeals

If a party disagrees with a traffic commissioner’s decision, an appeal can be made to the Upper Tribunal, usually within 28 days. In some cases, the decision may be put on hold (“stayed”) while the appeal is considered, but this is not automatic and must be requested. The Tribunal will review the case and may uphold, overturn, or send it back for a new hearing. Further appeals to higher courts are rare and only allowed on points of law.

Interim Licences and Variations

Interim licences are discretionary and only available for goods vehicle operator’s licences.

A time-limited interim is suitable where extra time is needed to show compliance, for example:

• Completing training to prove fitness and ability to manage compliance.

• Providing evidence of financial standing, such as completing an averaging exercise.

• Continuous professional development for the nominated CPC holder.

• Responding to or lodging objections to a proposed operating centre for heavy goods vehicle licences.

Applicants must manage deadlines and request extensions if needed. The grant and any extension are always at the traffic commissioner’s discretion. If the

interim expires before the full licence is granted, the authority to operate ends immediately.

Periods of Grace

A period of grace is a set amount of time granted by the traffic commissioner to allow an operator to rectify a problem that would otherwise result in regulatory action, such as revocation of a licence.

This is not automatic and is only given if there is a realistic prospect that the operator can resolve the issue, such as replacing a transport manager, demonstrating financial standing, or establishing a stable operating base.

The maximum period allowed depends on the nature of the shortcoming (for example, up to six months for most issues, with a possible extension in cases of death or incapacity of a transport manager).

The operator must actively manage the situation and provide evidence of compliance before the period expires. If the problem is not resolved within the period of grace, the commissioner is obliged to revoke the licence.

Fees and Compliance

Late payment of fees will only be accepted in exceptional circumstances. Forgetting to pay, not receiving a reminder, or simple oversight do not qualify.

Operators are responsible for monitoring payment dates and ensuring fees are paid on time. Failure to pay on time results in automatic termination of the licence.

Principles of Decision Making & Proportionality 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on decision making and proportionality. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: the principles of decision making and the concept of proportionality - GOV.UK 

Role of Traffic Commissioners 

Traffic Commissioners act as independent tribunals. They have discretion to hold public inquiries and decide what evidence is relevant. Decisions must be fair, proportionate, and based on the facts of each case. While consistency is important, each decision is tailored to the specific circumstances. The aim is to protect road safety and maintain trust in the licensing system. 

Grounds for Regulatory Action 

Regulatory action (such as revoking, suspending, or curtailing a licence) can be taken if an operator fails to meet requirements like good repute, financial standing, or professional competence. Some actions are mandatory (for example, revocation if requirements are not met), while others are at the Commissioner’s discretion. The seriousness of any breach, steps taken to fix problems, previous warnings, and compliance history are all considered. 

Decision Making and Proportionality 

The process is not about punishment, but about making sure only those who can and will comply keep their licences. Commissioners look at both past failings and the operator’s ability to comply in the future. They weigh up positive and negative factors, the seriousness of the issue, any remedial actions, and the impact on the operator, public safety, and fair competition. The action taken must be proportionate to the seriousness of the issue. The commissioner must also consider the impact on the operator against the need to protect the public and ensure fair competition. 

Burden and Standard of Proof 

The civil standard of proof applies: facts must be “more likely than not”.  

For new applications, the burden is on the applicant to prove requirements are met.  

For regulatory action, the burden is on the Commissioner to show requirements are no longer met. 

Hearings and Alternative Disposals 

A public inquiry is a formal hearing where the operator can present evidence and explain their actions. Hearings are usually public, but public but may be private if sensitive information is involved. Not every case needs a full public inquiry. Alternatives include warning letters, meetings with senior staff, or preliminary hearings, used for less serious cases or where compliance can be achieved without a formal inquiry. 

Categories of Regulatory Action 

Regulatory actions are categorised according to the seriousness of the conduct: 

• Severe: Revocation, disqualification, or extended suspension for deliberate or reckless acts compromising safety or giving unfair advantage.

• Serious: Suspension or significant curtailment for persistent failures or inadequate response.

• Moderate: Short suspension or minor curtailment for limited negative features with some positives.

• Low: Warning or minor curtailment for isolated incidents with strong positive features.

Undertakings and Conditions 

Operators may offer undertakings and must comply with conditions attached to their licence. Failure to do so can lead to regulatory action. While undertakings may be accepted as an alternative to severe measures, repeated failures or disregard for commitments will be treated seriously. 

Unreasonable PSV Applications 

If you apply for a PSV operator’s licence and the Traffic Commissioner is thinking about refusing your application or granting it with different terms than you asked for, you must be given a chance to have your say at a hearing. 

 
The only exception is if your application is clearly frivolous (not serious) or unreasonable, then it can be refused without a hearing, but only after proper consideration. 

Disqualification and Rehabilitation 

If a licence is revoked, the Commissioner may also disqualify the operator or transport manager for a set period or indefinitely. The length of disqualification depends on the circumstances. Disqualified individuals may apply to have the order lifted after a certain time but must show they are fit to return. Rehabilitation measures, such as further training, may also be specified. 

Communication of Decisions 

Decisions must be clearly reasoned and communicated in writing to all parties. Written reasons should explain the key factors considered and the balancing exercise undertaken. Operators have the right to appeal decisions to the Upper Tribunal if they believe the Commissioner was wrong or unfair. 

Key Information on Format of Decisions

Introduction

This summary highlights the main principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on format of decisions. It is not a substitute for the full statutory document and should be read alongside the full Guidance, Directions, Annexes, and Case Examples.

For the complete text, including legislative references and case law, see: Traffic commissioners: format of decisions - GOV.UK

Decision Making

Traffic commissioners act as independent tribunals, making decisions at public hearings. Most decisions are given orally at the end of a hearing. However, in more complex cases, or where there is a need for detailed explanation, written decisions are provided. Sometimes, written reasons follow an oral decision to ensure all parties fully understand the outcome and its implications.

Written decisions are especially likely where:

• Revocation is imposed (with or without disqualification).

• There are significant factual disputes.

• The case involves complex or novel legal arguments.

• The issues are of wider public interest.

Timelines and Communication

Decisions should be communicated promptly. Traffic commissioners aim to issue written reasons within five working days of the public inquiry. If a decision is reserved, written reasons should normally be issued within 28 days of the final hearing, or 28 days after a transcript becomes available. Extensions are permitted if necessary for justice and fairness, but delays should be minimised.

For impounding hearings, the decision should be issued within 14 days of its conclusion; where there is no hearing, within 21 days of receiving the application.

Structure and Content of Decisions

A properly structured decision provides clear, intelligible reasons for the outcome. The operator must be told which criteria have not been met and why. The more serious the outcome, the greater the need for a structured and judicious approach. The Upper Tribunal has emphasised that what matters most is the reasoning behind the decision, not the use of standard phrases or templates.

A typical written decision should include:

• Background and context, including the type of licence and relevant history.

-  A summary of the evidence considered.

• Findings of fact and any breaches identified.

• Relevant considerations, including the balancing of positive and negative factors.

• The decision itself, including any directions or conditions imposed.

A standard template (see Annex 1 in the full document) is provided to ensure
consistency and clarity.

The Importance of Clear Reasoning

The Traffic Commissioner must explain not just what the decision is, but how it was reached. This means setting out the evidence that was considered, explaining which facts were found to be important, and describing how different factors were weighed up. The reasoning should be detailed enough that someone with experience in the industry can follow the logic and understand why the outcome was reached.

This clarity is especially important if the decision is challenged or appealed. It allows the parties involved and any appeal tribunal to see exactly how the Commissioner arrived at their conclusions, and whether the correct process was followed. Good reasoning also helps ensure fairness and transparency, and gives confidence that decisions are made consistently and according to the law.

Corrections and Appeals

A written decision can be corrected to address typographical or factual errors, but only in limited circumstances (for example, obvious mistakes). Once a final decision has been issued, it can only be reopened by way of a lawful appeal. The Upper Tribunal provides guidance on appeals and the standards expected in decision-making.

Publication and Redaction

Decisions are generally published in full and placed in the public domain. However, traffic commissioners can hold inquiries in private and redact parts of decisions to protect personal, financial, or commercially sensitive information. Only the redacted version should be published, with the full version issued only to the relevant parties. All personal data must be handled in line with GDPR and the Data Protection Act, and only information necessary for the decision should be included.

National Register

Where a person is declared unfit to manage transport activities, this must be recorded in the national register, with reference to the published written reasons. The register must be accurate and up to date, with sensitive information handled appropriately.

Key Information on Appeals 

Introduction 

This introduction summarises key principles from the Senior Traffic Commissioner’s Statutory Guidance and Directions on appeals. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: appeals - GOV.UK 

Decisions that can be appealed 

Most adverse decisions made by a Traffic Commissioner that directly affect an operator’s licence can be appealed. This includes decisions to refuse, suspend, revoke, or curtail an operator’s licence, as well as decisions to disqualify an operator or transport manager. 

Decisions to attach, change, or remove conditions on a licence are usually appealable. Appeals are also possible for certain decisions about operating centres, traffic regulation conditions, and vehicle impounding. 

The right to appeal is generally set out in the letter explaining the Traffic Commissioner’s decision. However, not every decision can be appealed. For example, there is generally no right of appeal against a warning or the refusal of an interim (temporary) licence. 

Who Can Appeal and When 

A licence holder, transport manager, applicant, or statutory objector who is dissatisfied with a Traffic Commissioner’s decision can appeal to the Upper Tribunal. The notice of appeal must be received within one month of the date the decision was sent. 

Vocational drivers must appeal in England and Wales to their local Magistrates’ Court within six months of the decision, or in Scotland to their local Sheriff’s Court within 21 days of notification. 

For impounding cases, appeals must be lodged within one month, and the vehicle cannot be disposed of until the appeal is resolved. 

Appeal Body Role and Principles for Decision-Making on Appeal 

Appeals are not an opportunity to start the case again from scratch; they are a review of whether the original decision was fair and lawful. The Upper Tribunal or court reviews whether the Traffic Commissioner made a legal or procedural error, was “plainly wrong”, or failed to follow a fair process.  

The grounds for appeal must explain why the decision was wrong, not simply that there is disagreement. New evidence is only allowed in exceptional circumstances, and the appellant must show that the decision should be changed.  

The Tribunal or court can confirm, change, or overturn the decision, or send it back for a new hearing. Clear, well-organised paperwork and reasoning are expected, and costs may be awarded if an appeal is found to be unreasonable. 

Appeal Process 

To start an appeal, a notice of appeal form must be submitted to the Upper Tribunal or Court within the required deadline.  Appeal a Traffic Commissioner decision: Form UT12 - GOV.UK

In some cases, it is possible to ask for the decision to be “stayed” (put on hold) while the appeal is considered, but this is not automatic. Applications for a stay must be made immediately to the Traffic Commissioner who made the decision. If refused, the party can apply to the Upper Tribunal. The Tribunal considers factors such as the likelihood of success, public safety, and fair competition when deciding whether to grant a stay. 

Appeal Documents 

The Office of the Traffic Commissioner is responsible for preparing and submitting the appeal bundle to the Upper Tribunal. This includes the original decision, evidence, transcripts, and relevant correspondence. The statutory document provides checklists and templates (see Annexes 1 and 2) to help ensure nothing is missed. All documents should be clearly labelled, paginated, and, if necessary, redacted to protect sensitive information. 

Review of Decisions 

Traffic commissioners can also review their own decisions in goods and passenger cases if a procedural requirement is not met, such as a failure to send notice of a hearing.  

The traffic commissioner can only conduct a review if: 

• notice is given to the applicant or operator of the intention to review the decision.

• a person who appears to have an interest in the decision has requested a review of the decision; or

• The traffic commissioner considers there to be exceptional circumstances that justify the review.

Key Information on PSV Operations 

Introduction 

This summary outlines the key principles from the Senior Traffic Commissioner’s guidance on Public Service Vehicle (PSV) operations. It does not replace the full statutory document and must be read alongside the detailed Guidance, Directions, Annexes and Case Examples that follow.  

For the complete text, including legislative references and case law, please refer to: Traffic commissioners: public service vehicle operations - GOV.UK 

Definition of Public Service Vehicles 

A PSV operator’s licence is generally required if your vehicle is designed or adapted to carry nine or more passengers and you accept payment for carrying them.  

Small vehicles with eight or fewer passenger seats can sometimes be classed as PSVs and operated under a PSV operator’s licence if separate fares are charged. However, this is only allowed when one of two conditions is met. Either the journey is genuinely advertised to the public, creating an opportunity for anyone to join, or the journey was not advertised but the arrangements for bringing passengers together and collecting separate fares were initiated by the driver, operator, owner, or a paid intermediary—not by the passengers themselves. If neither of these conditions are not, the vehicle will normally be licensed as a private hire vehicle or taxi by the local authority. 

Limousines and Novelty Vehicles 

Stretch limousines with more than eight passenger seats should not be licensed as private hire vehicles. Safety and compliance checks are essential, and vehicles must meet Individual Vehicle Approval standards. Most small limousine operations fall under private hire licensing, but some may qualify as PSVs if all small vehicle requirements are met. 

PSV Operator’s Licence Types 

There are several types of PSV operator’s licence: 

• Standard national: Allows operation of public service vehicles within Great Britain. Intended for full-time commercial operators, it requires good repute, financial standing, professional competence, and a qualified transport manager.

• Standard international: Extends the permissions of the national licence to international journeys, suitable for operators running cross-border or international coach services. It carries the same requirements as the national licence, with additional international compliance.

• Restricted licence: Typically allows the operation of one or two vehicles. These are usually nine to sixteen passenger seat minibuses operating under certain conditions, such as when passenger transport is not the operator’s main occupation (e.g., hotels or schools). A transport manager is not required

• Special restricted: Enables licensed taxi or private hire vehicle operators to run local bus services. These services must have stops no more than fifteen miles apart and include at least one stop within the district that issued the taxi or private hire licence. The service must also be registered with the local Traffic Commissioner.

Operating Centres 

Operating centres are the locations where vehicles are normally kept Traffic commissioners: operating centres, stable establishments and addresses for service - GOV.UK. These sites must have sufficient capacity for the vehicles and allow for safe daily walkaround checks by drivers. There is no provision to consider the environmental suitability of an operating centre on a PSV operator’s licence. 

Applications and Frivolous Conduct 

Traffic commissioners may refuse applications that are incomplete or where the applicant’s conduct is frivolous or unreasonable, without the need for a public inquiry. If an application proceeds to a public inquiry, costs may be ordered against parties responsible for improper conduct. 

Accessibility  

The Public Service Vehicle Accessibility Regulations (PSVAR) apply to vehicles introduced since 2000 with a capacity exceeding 22 passengers and used for local or scheduled services. Operators must provide route information in both audio and visual formats. Non-compliance is a criminal offence. 

Community Transport and Permit Operations 

Community transport is provided by voluntary and not-for-profit organisations, often under section 19 or 22 permits. These permits allow transport for hire or reward without a PSV operator’s licence, provided the organisation meets one of the exemptions for non-commercial purposes, main occupation, or short-distance operations.  

Section 19 permits are for organisations serving education, religion, social welfare, or recreation, while section 22 permits allow community bus services for the public.  

Permit holders must continue to meet the exemption throughout the lifetime of a permit, maintain vehicles to required standards and keep records. Permits can be varied or revoked by the traffic commissioner if conditions are not met. More information can be found here: Section 19 and 22 permits and obligations: not for profit passenger transport - GOV.UK 

Main Occupation – PSV Operator’s Licence and Permit Operations 

Main occupation ensures PSV operation is not the applicant’s primary activity for restricted licences and certain permits. Applicants are required to provide evidence which demonstrates that a particular activity is their main occupation. Activities such as the pursuit of a hobby, charitable work or other activities which do not generate an income cannot fall within the definition of occupation. Applicants should provide a complete statement of all sources of income and amounts received such as:  

• Sole traders - P60s, payslips, or tax returns;

• Partnerships - the business of the partnership must show the main occupation, not individual partners through partnership agreements and accounts;

• Limited companies - incorporation documents, audited accounts (if applicable), and business plans.

• Limited Liability Partnerships - bank statements, tax returns, and business plans.

This rule applies throughout the life of the licence and must be confirmed every five years. If the main occupation changes, the operator must stop operating under the restricted licence and apply for a standard licence. 

Non-Commercial – Permit Operations 

The non-commercial exemption for permit operations focuses on the purposes for which the organisation is engaged in providing road passenger transport services and whether those purposes are exclusively non-commercial. If any part is commercial then this exemption cannot apply. 

Charitable status does not automatically qualify an organisation. Charging passengers does not make a service commercial on its own. Covering costs or making a small surplus is acceptable if the aim is social benefit. However, if services are provided mainly to generate income, even to fund other activities, the exemption does not apply. 

Assessment depends on the overall picture. Important considerations include the level of charges for services, whether contracts are won through competitive tendering, the size and scale of operations, and whether the organisation relies on volunteers or pays staff at commercial rates. 

Short Distance – Permit Operations 

The short distance exemption for permit operations applies only to operators working exclusively within the UK and having a minor impact on the transport market because the journeys are short. The law generally defines a short distance as either operating within a ten-mile radius from a specified point or where the total journey from the first pick-up to the last drop-off is no more than ten miles in a straight line. This definition is not exhaustive, and each case is assessed individually. For example, operators in rural areas may provide evidence that a slightly longer distance still has minimal market impact. 

Permit Determination and Appeals

Decisions must be communicated in writing, and permit holders have the right to request a hearing. If a permit is revoked, the decision can only be challenged by judicial review in the higher courts.

Published 21 April 2026