Notifying the licensing authority of any convictions or penalties
One of the many undertakings an operator must adhere to when applying for an operator's licence, and whilst they have this, is informing the Traffic Commissioner of all notifiable offences and convictions for themselves, employees and agents.
The Traffic Commissioner must be satisfied that the applicant (company or individual) is a fit and proper person and will take account of specified convictions and accepted fixed penalties, including company directors, during the previous five years concerning the operation of goods vehicles.
The VOSA Goods Vehicle Operator Licensing guide for operators explains what relevant convictions and penalties must be declared.
Since March 2009, operators have also been required to notify the Traffic Commissioner of Graduated Fixed Penalties. If a driver is issued with a Graduated Fixed Penalty they must then choose whether to accept this and if so must notify the o-licence holder, who in turn must provide a full list of relevant persons and offences to the Traffic Commissioner.
For this reason, the person or company that operates the vehicle, which is being used on an operator’s licence, at the time a fixed penalty notice is issued, will be sent an Operator Notification Letter, which stipulates all the relevant details of the offence, within a few days of the event. The letter will be sent to the correspondence name and address stipulated on the operator’s licence. When notifying, make sure you tell the Traffic Commissioner what you have done to ensure that the offence will not be repeated.
Further help and information on Graduated Fixed Penalties can be found on the website. If you have any questions or concerns please contact the Member Advice Centre.
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If you are a Logistics UK member and have a query regarding this topic, or need more information, contact our Member Advice Centre
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