As the holder of a goods or passenger vehicle operator’s licence there are a number of occasions when you are required to notify matters to the Traffic Commissioner in writing.
There is a general duty of candour to the Traffic Commissioner which in practise means that you should be open and honest with the Traffic Commissioner at all times. Our advice would be that if ever in doubt as to whether a matter should be disclosed to the Traffic Commissioner or not, you should write to ensure that you are complying with your duties.
Some of the requirements to notify the Traffic Commissioner are conditions of your operator’s licence. It is a criminal offence to breach a condition of your operator’s licence, so it is particularly important to notify the Traffic Commissioner of mattes where it is a condition for you to do so.
Below is a non-exhaustible list of things that you should notify to the Traffic Commissioner. You can notify the Traffic Commissioner quite simply by writing to The Office of the Traffic Commissioner, Hillcrest House in Leeds, quoting your operator’s licence number.
The following should be notified in writing to the Traffic Commissioner as soon as possible and certainly within 28 days :
- Any criminal convictions of the operator licence holder, directors, partners or employees.
- Any fixed penalty notices or conditional offers issued to drivers or to anyone else connected with the transport operation.
- Where you no longer have access to at least one vehicle on your operators licence.
- Anything that might affect your ability to operate an “effective and stable establishment”. This includes any change to your office, correspondence or operating centre address.
- Any event that brings the professional competence or repute of your Transport Manager into question.
- Any change to yoru finances which means that you don't or may not soon have access to the required level of financial standing.
- A change of maintenance arrangements, if for example you engage a new maintenance contractor.
- Any change in ownership of the business. This includes transferring the business from a sole trader to a limited company or to a partnership.
- Any change of partners or directors within the company.
- Any insolvency event including bankruptcy, liquidation, sequestration, administration, receivership, voluntary arrangements or debt relief orders.
