Commercial Transport Law Specialist
Principal Solicitor : Simon Newman
NA Commercial Solicitors
Regulated by the Solicitors Regulation Authority Reg No 441100
OPERATOR LICENSING
Generally speaking anyone wanting to use Goods vehicles over 3.5 tonnes and passenger carrying vehicles with more than 8 seats in connection with a business must have an operators licence. In addition, passenger vehicles with 8 seats or less must still be licensed, see the section of this website on Taxis and Private Hire Vehicles.
The rules are extremely complex so it is always a good idea to take advice on whether or not you need an operators licence and what kind of licence you need before you apply for one.
There are all sorts of issues to be addressed before you submit your application : Do you need a restricted or standard licence ? Do you need to be licensed for international journeys ? Where will your operating centre be and is it likely to be acceptable ? How will you prove your financial standing and what arrangements will you introduce in respect of vehicle maintenance, overloading and drivers hours ?
Often operators find that after they've submitted their application they get tangled in the system for month after month. With letters and phone calls going back and forth with the traffic office staff. Each day without a licence becomes a costly day of lost business and lost profit.
It is a criminal offence to use vehicles without an operators licence where such a licence is required. Operating illegally can also jepordise your chance of getting an operators licence in future because you may be deemed unfit to hold one.
Operator Licences are issued by the Traffic Commissioner of the Traffic Area where the Operating Centre is situated. The Operating Centre is the place where the vehicles are based and normally parked when not in use. An Operating Centre needs to meet stringent requirements before it will be authorised.
The Traffic Commissioner decides whether to issue your licence, judging your application against legal guidelines. Where regulations are breached or your fitness is called into question, the Traffic Commissioner will convene a Public Inquiry to consider disciplinary action which could include the termination or suspension of your licence.
Where you already hold a licence, it may be necessary for you to apply for changes to it where your circumstances have changed, or in some cases where you wish to expand your business. The following matters require a formal application for a variation of your Operator's Licence :
Addition or change of your operating centre
An increase in your authorised number of vehicles
Operator licence in a new Traffic Area
Increase the number of vehicles at an operating centre
Change in the type of your licence
Adding or changing your transport manager
Change from a sole trader to partnership or limited company
Other changes do not require a formal application but you must write to the Traffic Area Office to inform the Traffic Commissioner where :
Adding or removing specified vehicles
Change in the directors of a company or partners of a partnership
Change of your corespondence address
You change your maintenance / PMI arrangements
Your business becomes insolvent (whether or not you intend to keep trading)
You stop using an operating centre
As with an application for a new licence, you could decide to handle these matters yourself. However, sometimes the matters are complex or complications arise during the process. It can therefore be much more cost effective to engage us to help you through from the start.
Delays and failed applications cost money and lost business. They could also mean that you are operating illegally if the correct applications are not made or granted on time
Take advice. Ask a professional to handle the application on your behalf.
Call us for a Free Consultation or use the Contact Form to request a Call Back or an Email Response. Call 01302 775 522
