Guidance

A Guide to making objections: PSV operator licences (English)

Published 3 October 2024

Applies to England, Scotland and Wales

1. A GUIDE TO MAKING OBJECTIONS

1.1 PUBLIC SERVICE VEHICLE OPERATOR LICENSING

2. Foreword

The main aim of this guide is to help organisations with a statutory right to oppose an application for a public service vehicle (PSV) operator’s licence to:

• understand the main purposes of the PSV operator licensing system;

• answer many of the questions about ‘making statutory opposition’ against the grant of a licence; and

• assist with lodging opposition against applications

This guide is not intended to provide legal advice.

The information contained in this guide is also intended to explain the process of opposing applications for those who are applying for an operator’s licences.

More general information can be found at: https://www.gov.uk/guidance/public-service-vehicle-operator-licensing-guide

This Guide also gives advice on how to report any possible breaches of licensing conditions or unauthorised activities by operators.

Annex 2 gives details of relevant legislation, copies are available online.

This guide and other information concerning operator licensing are available on the website https://www.gov.uk/psv-operator-licences/how-to-apply-for-a-psv-licence

Also available on-line is the publication “Notices & Proceedings” which gives details of all PSV licensing applications received by a traffic commissioner and the decisions taken on the applications. Check out the website at:

https://www.gov.uk/government/collections/traffic-commissioner-notices-and-proceedings

For general queries, please contact the Office of the Traffic Commissioner - enquiries@otc.gov.uk

3. PSV Operator Licensing

3.1 What is PSV operator licensing and who needs a licence?

PSV operator licensing is a system of licensing aimed at ensuring the safe and proper use of PSVs.

Most users of vehicles designed or adapted to carry nine or more passengers and where payment is taken to carry passengers for hire or reward, require a licence.

Vehicles with eight or less passenger seats used for hire or reward usually require a licence issued by a local authority under a private hire or taxi regime. However, there are some circumstances when these vehicles are classed as a PSV and must be operated under a PSV operator’s licence. These are termed as being small vehicles for which further guidance is available here: https://www.gov.uk/guidance/public-service-vehicle-operator-licensing-guide#overview-of-operator-licensing

The holder of a licence is the ‘operator’. A licence will authorise an operator to use up to a maximum total number of PSVs, and to use a specific operating centre or centres.

4. How does an operator obtain a licence?

An operator must hold a licence in each Traffic Area where he/she has an operating centre or centres. Licences can authorise the use of more than one operating centre.

Licence applications are made to a traffic commissioner. Each traffic commissioner is a separate public body and, whilst appointed by the Secretary of State, each is independent of any Government department regardless of whether they are exercising judicial functions or not. There are eight traffic areas and eight traffic commissioners (Details of the traffic areas are at Annex 1).

On application, a traffic commissioner will consider an applicant’s repute to hold a licence; the financial resources available for, and arrangements in place, to maintain his/her vehicles; and, where appropriate, professional competence. A traffic commissioner will consider any statutory objections made against the grant of the licence.

Once a licence has been issued an operator can apply to amend (vary) it.

5. Objections

5.1 Who can oppose the grant of an application?

Only a local authority or chief officer of police have a statutory right to object to an application for a PSV operator’s licence.

A local authority is means:

• in England and Wales, the council of a county, district or London borough or the Common Council of the City of London or a Passenger Transport Executive; and
• in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

5.2 The grounds on which objections can be made

Objections can be made by statutory objectors which are a local authority or chief officer of police. They may object to the grant of an application on the grounds of the applicant’s:

• good repute, including that of the transport manager or named individuals

• financial standing

• professional competence

• arrangements for maintaining vehicles in a fit and serviceable condition

• ability to comply with the requirements of the law relating to the driving and operation of PSVs.

A traffic commissioner cannot take into account the environmental suitability of an operating centre or the safety of the public highway leading to the operating centre or the road network. These are matters for the highway authorities.

5.3 How are objectors told about applications?

A traffic commissioner must publish details of most applications. This is done by using a publication called “Notices and Proceedings” (Ns & Ps), which is issued every week. The publication is emailed on request to Statutory Objectors in the region covered by the traffic area. Statutory objectors must respond within a certain period following the publication of application details if they wish to object. The list of recipients is kept as up to date as possible but if you feel that you should be receiving a copy and are not please contact the Office of the Traffic Commissioner.

Copies of Notices and Proceedings are also available free of charge at the website:
https://www.gov.uk/government/collections/traffic-commissioner-notices-and-proceedings

6. Making an objection

An objection to an application for an operator’s licence must:

• be made in writing to a traffic commissioner at the Office of the Traffic Commissioner and should wherever possible quote the legislation under which the objection is being made;

• be signed by an authorised signatory from the organisation making the objection;

• be received at the Office of the Traffic Commissioner no later than 21 days after the date that notice of the application is published in ‘Notices and Proceedings’ (unless exceptional circumstances apply);

• be copied to the applicant on the same day, or next working day, as the objection is made to the traffic commissioner;

• state specific grounds and give sufficient particulars so that the applicant knows the case he/she has to answer to.

If any of the above criteria are not met the traffic commissioner may not accept the objection unless there are exceptional circumstances.

In order to assist you in lodging opposition to an application, a model template can be found at Annex 3 of this guide. Whilst there is no requirement for an objection to be submitted using this template, it is intended as a useful guide which sets out matters which the traffic commissioner may and may not take into consideration.

6.1 What happens next?

In the case of a valid objection the Office of the Traffic Commissioner will usually write to the operator asking for further information and seeking comments on the matters contained in the objection.

The traffic commissioner will then decide if he/she is able to make a decision on the application or whether it is necessary to hold a Public Inquiry to hear evidence from both parties before reaching a decision. Where the traffic commissioner considers that it may be possible to resolve matters without a Public Inquiry he/she will seek the comments of the relevant parties on any proposed way forward before deciding whether or not the application can be determined at that stage, or whether it is necessary to proceed to a hearing.

6.2 What range of decisions are available to the traffic commissioner?

There are a number of options available to the traffic commissioner, the more usual are:

• grant the application as applied for;

• grant the application but attach conditions or record undertakings regarding the use of vehicles;

• grant the application for a reduced number of vehicles;

• refuse the application.

It is a criminal offence to break licence conditions and an operator faces penalties if he does so.

6.3 Is the traffic commissioner’s decision final?

An applicant may appeal any decision not to grant an application as applied for or a decision to attach conditions. A statutory objector may appeal the grant of an application. All appeals must be made to the Upper Tribunal - Administrative Appeal Chamber (Transport).

The Tribunal’s website contains a form and details on the process.

7. ANNEX 1 - Traffic Areas

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

7.1 North Eastern Traffic Area - Responsible for

The metropolitan boroughs within:

• South Yorkshire

• Tyne and Wear

• West Yorkshire

The counties of:

• Durham

• East Riding of Yorkshire

• Northumberland

• North Yorkshire

• Nottinghamshire

The districts of:

• North East Lincolnshire

• North Lincolnshire

7.2 North Western Traffic Area - Responsible for

The metropolitan boroughs within:

• Greater Manchester

• Merseyside

The counties of:

• Cheshire

• Cumbria

• Derbyshire

• Lancashire

7.3 Eastern Traffic Area - Responsible for

The counties of:

• Bedfordshire

• Buckinghamshire

• Cambridgeshire

• Essex

• Hertfordshire

• Leicestershire

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

• Norfolk

• Northamptonshire

• Rutland

• Suffolk

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

• Cymru/Wales

7.5 West Midland Traffic Area - Responsible for

The metropolitan boroughs within the West Midlands.

The counties of:

• Herefordshire

• Shropshire

• Staffordshire

• Warwickshire

• Worcestershire

7.6 Western Traffic Area - Responsible for

The counties of:

• Berkshire

• Cornwall

• Devon

• Dorset

• Gloucestershire

• Hampshire

• Isle of Wight

• Oxfordshire

• Somerset

• Wiltshire

The districts of:

• Bath and North East Somerset

• Bristol

• North Somerset

• South Gloucestershire

7.7 South Eastern and Metropolitan Traffic Area - Responsible for

• Greater London

The counties of:

• Kent

• Surrey

• East Sussex

• West Sussex

7.8 Scottish Traffic Area - Responsible for

• Scotland

8. ANNEX 2 - Relevant Legislation

Public Passenger Vehicles Act 1981

Public Service Vehicles (Operators’ Licences) Regulations 1995

Transport Act 1985

Regulation (EC) No 1071/2009 (Access to the occupation of road transport operator) – as retained in UK legislation

9. ANNEX 3 – Template for making objections

See attached ODT form.