Consultation outcome

Senior Traffic Commissioner’s Statutory Documents: 2022 revisions consultation document

Updated 13 March 2023

Applies to England, Scotland and Wales

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/consultations/senior-traffic-commissioners-statutory-guidance-and-statutory-directions-2022-revisions/6a8cfad4-4c00-4667-920d-e8a25e2b5662

1. STC Foreword

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

The Statutory Documents are published to explain how the traffic commissioners work to deliver consistent and fair regulation of the transport industry and represents our efforts to modernise the licensing regime.

For this consultation we have reviewed and made changes to a number of the Statutory Documents to provide clearer guidance and to continue our aim for improved transparency in the way we come to our decisions. Many of the amendments recognise changes in the law and decisions made by the Upper Tribunal.

In order to help us in revising the documents, we would like to hear from industry and its representatives. We invite you to offer your thoughts and contributions on the changes we are considering making.

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 comprise of Statutory Guidance and Statutory Directions. They describe how traffic commissioners may apply the law and a balanced approach to the exercise of their regulatory powers. They provide useful reference to operators, transport managers, drivers and those that represent them.

3. Statutory Document Changes

The Senior Traffic Commissioner intends to update the Statutory Documents to make the changes as set out below.

3.1 2021/2165 Connor Construction (South West) Ltd [2022] UKUT 177 (AAC)

In July 2022 the Upper Tribunal decided the appeal brought by Connor Construction (South West) Ltd against the decision of the Traffic Commissioner for the West of England. In their decision the Upper Tribunal provided an analysis of the way in which some sections of the Goods Vehicles (Licensing of Operators) Act 1995 should be interpreted.

The Statutory Documents No. 0: Introduction to Operator Licensing and No. 4: Operating Centres have been amended to explain the way in which the Senior Traffic Commissioner believes vehicles should be authorised under an operator’s licence to comply with the core requirements of the regulatory regime.

3.2 Transport Managers

The Senior Traffic Commissioner has considered feedback provided by stakeholders about the way in which transport manager applications are assessed. As a result, the starting points for assessing capacity have been amended to place more emphasis on continuous and effective management and less emphasis on elements such as travel time.

The Statutory Document No. 3: Transport Managers has also been amended to clarify the way in which the Senior Traffic Commissioner interprets how the 4/50 rule should be applied to external transport managers.

3.3 Evidence from Abroad

Before hearing live evidence from a witness in another country it is necessary to ensure the permission of that other country is obtained as required by The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (18 March 1970). The previous Upper Tribunal guidance in Nare [2011] UKUT 443 was reaffirmed in Agbabiaka [2021] UKUT 286 which, although an administrative law decision, extends to civil or commercial cases. The Criminal Court of Appeal in R v Kadir [2022] EWCA Crim 1244 also indicated that the approach should apply across all courts and tribunals.

Traffic commissioners cannot ignore the Court of Appeal’s strong guidance that whenever the issue arises in a tribunal about the taking of evidence from outside the United Kingdom, the question of whether it would be lawful to do so is a question of law for that country. The Senior Traffic Commissioner has therefore set the process to be followed by parties wishing to rely on oral evidence by video or telephone from a person located outside of the United Kingdom[1].

3.4 Other amendments to the Statutory Guidance and Statutory Directions include:

  • confirmation from the Upper Tribunal in 2022/040 RAM Logistics Ltd that traffic commissioners, as specialist regulators, are permitted to request the production of documentation and qualified to comment on the adequacy of records;
  • a reminder to operators and transport managers of the regulatory regime that they enter into when applying for a licence and the approach traffic commissioners will take when considering regulatory action;
  • additional Statutory Guidance to parties seeking an adjournment and the evidence required to be submitted with any such application;
  • the requirement to make sure financial evidence is current and financial calculations are conducted consistently to ensure fairness to all applicants for an operator’s licence;
  • the approach traffic commissioners will take when reviewing a decision taken under delegated authority;
  • reminding operators and transport managers of the importance of their relationship to a successful transport business by reference to the Upper Tribunal decision 2020/071 J Owens Transport Ltd;
  • clarifying delegations to the Traffic Commissioner Information Access Team and requirements under the DVSA Memorandum of Understanding;

The draft revised documents can be found here.

4. Scope of the consultation

The Statutory Documents which have proposed amendments have been uploaded to accompany this document with the changes flagged in red, the Senior Traffic Commissioner welcomes comments from stakeholders on the changes made. It is anticipated that uploading documents in this way should assist users to easily identify and target their responses specifically to those changes. There is no requirement to provide comment on areas which have not changed.

5. How to respond

This consultation was issued on 12 December 2022 and will run until 16 January 2023. 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.

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

[1] The United Kingdom includes England, Scotland, Wales, Northern Ireland, Isle of Man, Isle of Wight, the Channel Islands, or from British Overseas Territories such as Gibraltar, the Falklands, the British Virgin Islands and the Cayman Islands

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