Consultation outcome

Senior Traffic Commissioner’s Statutory Documents: consultation on amendments arising from The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

Updated 11 April 2022

Applies to England, Scotland and Wales

Senior Traffic Commissioner’s Statutory Documents: consultation on amendments arising from The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

1. STC Foreword

The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 implements aspects of the UK/EU Trade and Cooperation Agreement (TCA) relevant to the operator licensing system in Great Britain. Most notable is the requirement for vehicles over 2.5 tonnes operating for hire and reward on an international basis to require an operator’s licence.

As Senior Traffic Commissioner, I have powers to issue Statutory Guidance and Statutory Directions to the Traffic Commissioners for Great Britain (the Statutory Documents).

Publishing documents to explain how we work allows traffic commissioners to deliver consistent and fair regulation of the transport industry and represents our efforts to modernise the licensing regime.

Few regulators are able to demonstrate the same level of transparency in their decision-making.

In this consultation I am seeking your views on the amendments I propose to make to the Statutory Guidance and Statutory Directions to reflect the changes to the legislation.

As these changes are required as a result of changing legislation and are limited in scope, we have agreed with the Department for Transport for a four-week consultation period.

We invite you to offer you thoughts and contributions on the draft approach we are considering.

Richard Turfitt
Senior Traffic Commissioner for Great Britain

2. Introduction

2.1 Role of the Traffic Commissioners

The Traffic Commissioners for Great Britain are independent specialist regulators. They are responsible for the licensing and regulation of commercial vehicle operators and regulating the conduct of professional drivers in the lorry, bus and coach industries.

As part of their key strategic objectives, the commissioners aim to promote a safe road transport industry which supports compliance, fair competition and protects the environment.

The Senior Traffic Commissioner’s Statutory Documents describe how traffic commissioners may approach applying the law and a proportionate approach to the exercise of their regulatory powers. They provide useful reference to operators, transport managers and drivers and those that represent them.

2.2 The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

The legislation governing the goods vehicle operator licensing system is being amended as part of the UK’s obligations under the UK/EU Trade and Cooperation Agreement. Making these changes ensures consistency with the TCA requirements, and continued commercial access to EU markets for UK goods road transport operators. EU operators will be subject to the requirements in the TCA in the UK.

The explanatory memorandum to the draft statutory instrument sets out the purpose of the amendments as follows:

“The principal change that this instrument introduces is the extension of the goods vehicle operator licensing regimes in Great Britain and Northern Ireland to include light goods vehicles (LGVs), such as vans or pick-up trucks, which weigh more than 2.5 tonnes and up to 3.5 tonnes in maximum laden weight (either alone, or combined weight when used with a trailer) and which operate internationally, for hire or reward.”

The amending statutory instruments have been laid in draft and are undergoing Parliamentary processes. The drafts can be accessed at:

• The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022
• The Goods Vehicles (Licensing of Operators) (Amendment) (No. 2) Regulations 2022

2.3 The Statutory Documents

The Statutory Documents comprise of Statutory Guidance and Statutory Directions.

The Statutory Guidance provides information as to the way in which the Senior Traffic Commissioner believes that traffic commissioners should interpret the law relating to the application of the Statutory Documents.

The Statutory Directions are addressed to the traffic commissioners in respect of the approach to be taken by staff acting on behalf of individual traffic commissioners and dictate the operation of delegated functions.

The Senior Traffic Commissioner has updated the Statutory Documents to reflect the proposed amendments to the legislation. As the operators of light goods vehicles affected by the proposed changes will be required to hold an operator’s licence by 22 May 2022, the Senior Traffic Commissioner has considered it appropriate to amend the Statutory Documents based on the draft legislation, rather than await the legislation coming into force. This approach seeks to assist potential applicants in the intervening period. The draft legislation may be amended as it is considered by Parliament, and any changes as a result of the Parliamentary process will be reflected in the Statutory Documents before they are finalised.

In drafting the Statutory Documents, the Senior Traffic Commissioner has sought to apply the legislation and adopt an approach consistent with that taken in other traffic commissioner functions where these are supported by existing case law.

2.4 Revisions to the Statutory Documents

The amendments to the Statutory Guidance and Statutory Directions include:

• how the traffic commissioners should approach the licensing of light goods vehicles, in particular how the legislation differs between heavy goods vehicles and light goods vehicles;
• inclusion of financial standing rates for operators of light goods vehicles;
• requirements for stable and effective establishment and the disapplication of operating centre requirements for light goods vehicles;
• provisions on the recognition of holders of acquired rights for light goods vehicles to fulfil the professional competence requirement;
• the approach for traffic commissioner when considering appeals against the refusal of the Secretary of State to grant acquired rights for light goods vehicles;
• general update to the requirements for all transport managers, in particular the requirement for transport managers to be resident in the United Kingdom and the introduction of a minimum disqualification period where a transport manager has been found not to be of good repute;
• increased scope of Statutory Document 0 to include light goods vehicles and provide an introduction to operator licensing, the statutory guidance and statutory directions.

The draft revised documents can be found here

3. Scope of the consultation

We would like to hear the view of stakeholders to ensure that the revisions made to the Statutory Documents reflects their understanding of the amended legislation and provides the guidance that they (and their members) require, particularly if they seek to operate light goods vehicles under the authority of a goods vehicle operator’s licence.

4. Questions

In particular we would like stakeholders to consider and respond to the following:

4.1 Question 1

Do you agree with the interpretation of the legislation as set out in the draft Statutory Documents? If not, can you please provide additional comment to explain how you believe it should be interpreted.

4.2 Question 2

Do you agree with the approach proposed by the Senior Traffic Commissioner to rely upon existing case law and framework in the application of the standards against light goods vehicles?

4.3 Question 3

Do you foresee any unintended consequences or risk with the proposed approach? If so, please provide further detail.

5. How to respond

This consultation was issued on 03 March 2022 and will run until 31 March 2022. Please ensure that your response reaches us before the closing date so that we can consider your comments.

When responding, state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation:

• make it clear who the organisation represents;
• how the views of members were assembled.

To respond you can either:

5.1 Email

tccoconsultations@otc.gov.uk

5.2 Post

Chris Woodcock
Policy and Business Support Manager
Traffic Commissioner Corporate Office
Eastbrook
Shaftesbury Road
Cambridge
CB2 8BF

We do not expect you to submit evidence or views in response to every question listed, if not applicable.

6. Freedom of information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Traffic Commissioners for Great Britain.

The Traffic Commissioners for Great Britain will process your personal data in accordance with the Data Protection Act, this will mean that your personal data will not be disclosed to third parties.

7. Crown copyright

This consultation is covered by the rules of Crown copyright the Department for Transport and the UK government adhere to.