Goods Vehicle Operator Licensing: Guide For Operators
Goods Vehicle Operator Licensing: Guide For Operators
Goods Vehicle Operator Licensing: Guide For Operators
GUIDE
Goods Vehicle
Operator Licensing
Guide for Operators
Goods Vehicle
Operator Licensing
Guide for Operators
Disclaimer
This publication gives general guidance only and should not be regarded as a complete or authoritative statement
of the law and does not provide legal advice. If you need independent advice about operator licensing you should
either seek independent legal advice or contact the FTA or RHA. Please note that Northern Ireland and the Isle of
Man are covered by separate licensing systems and so are not dealt with here.
If you need more information, please contact the Contact Centre on 0300 123 9000. All forms referred to in this
guide are available from www.dft.gov.uk/vosa.
Contents
Introduction 2
Annex 6: Fees 39
1
INTRODUCTION
Introduction
This guide has been produced to give an is divided into eight different traffic areas,
overview of how the licensing system works each with its own traffic commissioner who
for operators of heavy goods vehicles can make the final decisions on applications.
(HGVs). Written with the support of the traffic Details of the traffic area boundaries and how
commissioners and industry associations, the to contact your traffic area can be found at
guide is intended to help both new and existing Annex 2.
operators understand the core requirements of
the operator licensing system.
Purpose of Operator Licensing
It is produced to give a general overview
and to point operators and other interested The main purpose of goods vehicle operator
parties in the direction of more comprehensive licensing is to ensure the safe and proper
guidance as required; it is therefore not a use of goods vehicles and to protect the
legal document. environment around operating centres. The
licensing provisions can be found in the
This guide is concerned with goods vehicle Goods Vehicles (Licensing of Operators) Act
operator licensing only. 1995 (the Act), the Goods Vehicles (Licensing
of Operators) Regulations 1995, the Road
If you are a new operator, you will find this Transport Operator Regulations 2011, and
guide useful for advice on the operator the Goods Vehicles (Licensing of Operators)
licensing procedures and where more (Fees) Regulations.
information is available on the legal
requirements and undertakings you will be
required to meet. If you are an experienced Central Licensing Office
and established operator, it will help you
to find further information to refresh your Applications are made to the traffic
understanding of operator licensing. commissioner and will be processed at:
Role of VOSA
3
SECTION ONE: OVERVIEW OF OPERATING LICENSING
5
SECTION ONE: OVERVIEW OF OPERATING LICENSING
6
SECTION ONE: OVERVIEW OF OPERATING LICENSING
The term “own account” is essentially Take note: If your transport
described in European legislation as where: manager ceases to have
responsibility for a business for
u the goods carried are the property of
which you are the licence holder,
the undertaking or have been sold,
you must inform a traffic commissioner right
bought, let out on hire or hired, produced,
away, by writing to the Central Licensing Office.
extracted, processed or repaired by it;
u the purpose of the journey is to carry the Take note: As the licence holder,
goods to or from the undertaking or to you are ultimately responsible for
move them for its own requirements; all aspects of your operations.
This applies to holders of all
u vehicles are driven by personnel
licence types.
employed by, or put at the disposal of, the
undertaking under a contractual obligation;
u the vehicles carrying the goods are
owned by the undertaking, have been
4. Community Licences
bought by it on deferred terms or have been
hired in line with European legislation; and Extra authorisation needed for
international journeys in the EU
u the carriage is no more than ancillary to
the overall activities of the undertaking. All hauliers carrying goods for hire or reward
within EU countries must have a Community
Take note: The carriage of Licence (as well as a standard international
goods for a subsidiary, sister- operator’s licence). Traffic commissioners
subsidiary or a holding company issue Community Licences automatically and
is also permitted under a free of charge to all hauliers who are granted a
restricted licence, but you must not carry standard international operator’s licence. The
goods for any other organisations for hire or authorisations are operator specific and are sent
reward. If you do, you could be fined or even out by the Central Licensing Office together with
lose your licence. the international licence documents.
(The rules for standard national and standard The Community Licence consists of:
international licences will change and details u A Community Licence. This must be kept
on this will be provided nearer the time). in the operator’s main office so that it can
be inspected by enforcement authorities.
u Certified copies of the Licence. These are
3. Transport Managers not vehicle specific, but operators must
make sure that each vehicle keeps one of
If you are an operator applying for a standard these copies at all times on international
international or standard national licence, journeys. It is an offence not to do so.
you will need to have at least one transport Enforcement agencies throughout the EU
manager who satisfies the requirements of expect drivers to produce the document
good repute and professional competence. at any time during an international road
Note: transport managers are not required haulage journey.
for restricted licences, but the operator must
still meet the good repute requirement and be Community Licences are issued for five year
fit to hold a licence and ensure the transport periods. Their expiry date is the same as
operations are properly managed. Further the next five-year continuation date of the
information about transport managers is operator’s licence.
provided in Section 4.
7
SECTION ONE: OVERVIEW OF OPERATING LICENSING
8
SECTION TWO: THE APPLICATION PROCESS
Section two: The application process
1. Applying for a licence
You will be charged a fee if your interim
licence is granted. You should not send your
To apply for a new licence you will need to
fee for the interim licence until you are notified
complete the GV79 application form and read
that it has been granted. When you have paid
the associated GV79 (G) guidance notes.
the fee, you will be sent a vehicle identity disc
You can download this form and guidance
that you should display on the windscreen of
from www.gov.uk/being-a-goods-vehicle-
the relevant vehicle.
operator/apply-for-a-licence or you can get a
copy by contacting 0300 123 9000.
Take note: Being issued with
an interim licence does not
Industry associations (such as the Freight
guarantee that you will get a full
Transport Association or the Road Haulage
licence. Avoid making long-term plans until you
Association) can also help you prepare your
get a firm decision on the full licence you have
application. You can find their contact details
applied for.
in Annex 2
9
SECTION TWO: THE APPLICATION PROCESS
Take note: The margin is the surrounding your proposed operating centre
number of vehicles authorised a chance to raise any concerns or make a
minus the number of vehicles representation against your application.
you have in your possession, i.e.
the margin (space) left on the licence before There are also certain bodies, such as police
it is full up. For example: the licence specifies and local authorities, that are able to make a
the use of 10 motor vehicles and 10 trailers. statutory objection to your application.
You have six motor vehicles and six trailers
specified on your licence (for which you have Getting your advertisement and
been sent vehicle-specific discs). The margin timings right
is therefore four motor vehicles and four trailers.
The advertisement you place must be big
enough to be easily read, and must appear at
How long does a licence last? least once within the period of 21 days before
Your licence is valid for life unless you: to 21 days after you make your application. It
must contain the exact wording as shown in
u operate outside the terms of your licence the application form.
and a traffic commissioner takes
regulatory action; If you are placing advertisements in several
u surrender it; or different newspapers, each advertisement
must appear within 21 days before or after
u fail to pay the required fees to keep the the Central Licensing Office receives your
licence live. application form.
Certain legal changes to your business will Take note: The date of receipt
also require you to apply for a new licence of the GV79 form and the date of
(see page 20 for more details). publication of the advertisement
must not be more than 21 days
Advertising your application of one another. If they are, the application
will be ruled ‘out of time’ and you will need
You must advertise your licence application
to re-advertise or reapply. (For example, an
in a local newspaper that circulates in the
application received on 1 November by the
locality of the proposed operating centre.
Central Licensing Office must be advertised
Please refer to form GV79 (and guidance)
between 12 October and 21 November).
for full information regarding the advertising
requirements. The GV79 contains a blank
When the advertisement is published, you
advertisement form with instructions on how
should send a copy of it immediately to the
to fill it in.
Central Licensing Office. This will reduce
the risk of your application being ruled ‘out
Take note: An operating centre
of time’. (It is therefore advisable to send
is the place where you normally
immediately the advertisements, the GV79
park your vehicles when they are
form and all other necessary application
not in use.
documents – under the same cover – to the
Central Licensing Office, in order to reduce
If your application is for several operating
this risk.)
centres, you may have to advertise in several
different newspapers to make sure you cover
You should send the Central Licensing Office
all the areas.
the whole page of the newspaper (containing
the name of the newspaper and the date)
Why you need to advertise your application
showing your advertisement. This will allow
Advertising your application gives anyone who the Central Licensing Office to check that you
owns or occupies a building or land in the area have advertised your application correctly.
10
SECTION TWO: THE APPLICATION PROCESS
Things to remember when advertising in which the operator keeps their core
an application business documents (i.e personnel,
driving and vehicle maintenance
If you do not advertise your application correctly records). Therefore, a PO Box or third
your application cannot be considered. party address cannot be used for a
correspondence on a standard licence;
You should also check the following:
u The numbers of vehicles and trailers u You must also have a transport manager
applied for on the GV79 form (at that is of good repute and professionally
each operating centre applied for) competent,
are the same as those shown in the u The licence holder must have “access” to
advertisement for the centre. a vehicle. This means that the holder
u The address of the operating centre is either owns at least one vehicle or
correct in the newspaper advertisement has in place a formal contract with a
and is the same as the one given on the hire company, other operator or other
GV79 form. organisation to hire one when needed.
u You have included the correct postcode Take Note: Licence holders are
for both the correspondence address not required to own or hire a
and the operating centre(s) in the vehicle all the time – e.g. where
advertisement. licences granted for seasonal
u The address for correspondence given in work or other circumstances where a vehicle
the advertisement is correct. is either not permanently owned or operated
under the licence. However, in these cases a
formal arrangement must be in place to hire
or otherwise secure access to a vehicle when
2. Licence requirements one is required. A licence cannot be granted
where no vehicles are in possession and no
If you are applying for a standard or formal hire agreement is in place.
restricted licence, you must satisfy a traffic
commissioner that you:
Good repute
u are of good repute and fit to hold
A traffic commissioner will look at any relevant
a licence;
convictions that either you or any of your
u are of appropriate financial standing employees have had in the last five years (for
(i.e. you have enough money to run your details of what relevant convictions are, see
business); Annex 7). A traffic commissioner may also take
into account any other matters that affect your
u have good enough facilities (or
good repute, including those brought up by
arrangements) for maintaining your
anyone objecting to your application.
vehicles; and
u are capable of ensuring that both you and If you do not disclose convictions on
your staff obey all the rules. your application form or notify the traffic
commissioner of any convictions incurred
For a standard licence after you have been issued a licence, you will
seriously threaten the continuation of your
For a standard licence, there are three other licence and may also be fined by the courts.
requirements:
u the applicant must be properly Any person who is a nominated transport
established in Great Britain. ‘Established’ manager on a standard licence must also
in this context means have premises meet the good repute requirement.
11
SECTION TWO: THE APPLICATION PROCESS
Take note: If you are applying for Take note: You should ensure
a standard licence, the required that your entire fleet of vehicles
amount of available capital is kept in a roadworthy condition
and reserves is set out in EU and keep records for each
regulations. This amount changes every year vehicle to prove this. If a vehicle is off the
on 1 January. Contact 0300 123 9000 to find road, there should be a formal record kept
out the current requirements. of this fact.
13
SECTION TWO: THE APPLICATION PROCESS
14
SECTION TWO: THE APPLICATION PROCESS
Take note: You must read the
Step 3: call-up papers carefully. If you
A traffic commissioner will invite the are asked to provide information
objectors and/or the representors (or by a set date, you must do so.
people appearing on their behalf) to
present their cases in general terms. At an inquiry, a traffic commissioner will first
briefly summarise its purpose. If the inquiry
is to consider an application for a licence, a
Step 4: traffic commissioner will ask you questions
A traffic commissioner will then call and may also ask any witnesses (e.g. a
the objectors, representors and the Vehicle or Traffic Examiner – see Annex 4 for
applicant (usually in that order), or their their powers) to give a report before making a
representatives, to present their cases decision. You will be able to ask the witnesses
in detail. questions and answer any points that are made.
The points they make may in turn be If there is a representor or objector to the
questioned by any of the other parties and application (a resident, the local authority or
by a traffic commissioner. the police), then a traffic commissioner will
probably ask them to explain the grounds for
their opposition. You or your representative will
Step 5: then be able to cross-examine the representor
During the proceedings, a traffic or objector, who in turn will be able to cross-
commissioner might ask the applicant examine you.
about the effect that conditions imposed in
the licence might have on the business. A traffic commissioner will give a decision only
after hearing both sides of the argument. A
traffic commissioner may also, at his or her
discretion, allow other people who do not have
Step 6:
a right to object (but who have relevant things
A traffic commissioner will then invite the
to say about the application) to make their
objectors, representors and the applicant
points at the inquiry. If this happens, you can
to sum up the cases they have presented.
ask them questions and reply to any points
No new facts can be introduced at this stage.
they make.
Inquiries held by a traffic commissioner are A traffic commissioner will also ask you
not as formal as in a court of law, but they do questions, and you will always have the right
follow the same basic pattern. You do not have to answer them before a decision is made.
to bring a legal or professional representative
with you. However, as a traffic commissioner’s When a traffic commissioner is considering
decision could have serious repercussions for whether you satisfy the requirements of
your business, you should consider whether a financial standing, a financial assessor may
representative could help you to prepare and be asked to sit in the inquiry and examine
present your case.
15
SECTION TWO: THE APPLICATION PROCESS
any evidence that you present. The financial commissioner to grant you a licence or change
assessor may also ask you questions during the conditions on it.
the inquiry and a traffic commissioner will
consult the assessor before making a decision. Alternatively, the Tribunal may refer your
application back to a traffic commissioner for
Take note: You will normally be reconsideration.
able to operate under an existing
licence until the appeal is heard. Who can appeal against your
application?
Where a statutory objector (e.g. the police
or the local authority) objected to your
5. Refusal of applications application, they can appeal to the Tribunal
against a traffic commissioner’s decision to
Your right of appeal grant you a licence, but nobody else has right
of appeal.
If your application is refused or if the licence
is granted with conditions on it that you think
Where this is the case, you will be able to
are unacceptable, you have a right of appeal
operate under your new licence until the
to the Administrative Appeals Chamber of the
appeal is heard.
Upper Tribunal, Traffic Commissioner Appeals
(‘the Tribunal’). Details are available from the
(If local representors wish to appeal against the
Tribunal (see the address Annex 1 or visit
granting of the licence, the only course of action
www.justice.gov.uk/tribunals/aa).
open to them is to seek a judicial review.)
The Tribunal will call you to a hearing, and if
your appeal is successful it will order a traffic
16
SECTION THREE: HOW TO COMPLY WITH YOUR LICENCE
Section three: How to comply with your licence
1. If your licence is granted in the licence being terminated. If you have
received no contact two weeks before the expiry
A traffic commissioner will inform you if your date, please urgently contact 0300 123 9000.
application has been granted and will request
the appropriate fee. Once the fee has been Take note: It is your
received, your licence and (if you have responsibility to pay all your fees
specified a vehicle) vehicle-specific discs will on time and failure to do so will
be sent to you. automatically terminate your
licence. You will have to stop operating and
The licence will include: apply for a new licence.
Self-service is the recommended option for If you are registered for operator self
making changes to your licence. (For further service, you must:
information on how to register for the self-
u log on to operator self-service at
service system, see Annex 5).
www.gov.uk/manage-commercial-
vehicle-operator-licence-online;
“Non-chargeable” variations
u click on the ‘Remove/add vehicles’ option
You can add additional vehicles to your licence in the left-hand menu; and
at any time by recording their registration
number on the vehicle list – how to do this u follow the on-screen instructions to
is explained in the next section. However, remove any vehicles from your licence
when your licence is first issued, it will specify before adding new ones.
the maximum number of motor vehicles and
trailers that can be operated under the licence. If you are not registered for operator self
You can only add additional vehicles up to service, you must:
that maximum. u send a completed GV80 listing the
registration numbers of the vehicles to be
You do not need to pay anything to add taken off and those to be added on; and
additional vehicles to or remove existing
ones from your licence. This is called a ‘non- u return the discs for removed vehicles and
chargeable variation’. the GV79A vehicle list with the GV80 to
the Central Licensing Office. If preferred,
Take note: When you operate a you may destroy these documents,
new vehicle under your licence, indicating in your signed declaration that
you must record its registration you have done so.
mark against your licence within one month
of it coming into your lawful possession. Your New licence documents will then be issued.
vehicle ceases to be authorised if you do not Discs for added vehicles will also be sent to you.
specify the vehicle registration mark on the
operator’s licence within the month – you will, Take note: This type of change
in effect, be operating it illegally. – where you are adding vehicles
within your authorised limit –
Removing or adding vehicles to does not have to be advertised by you, or
published by a traffic commissioner.
your licence
Removing a vehicle
If you wish to remove a vehicle listed on your Making a “chargeable” variation to
licence, you can use the online self-service your licence
system (see below). Alternatively, you can If you wish to:
complete form GV80. In both cases, you must
notify us immediately. u increase your vehicle authorisation;
u add a completely new operating centre to
Adding a vehicle your licence;
There are different ways to add a vehicle to u remove an existing operating centre from
your licence, depending on whether you are your licence; or
registered for operator self-service or not.
However, self service is the recommended u make changes to the way in which you
option – because it is the fastest way to use an operating centre that is specified
make changes to your licence. Therefore, we on your licence
recommend that you make an effort to register – you will need to make a chargeable
and use it. variation to your licence.
18
SECTION THREE: HOW TO COMPLY WITH YOUR LICENCE
To do this, you must complete form GV81 be provided if you want to change to a standard
and send it with an application fee to a traffic national or standard international licence.
commissioner at the Central Licensing Office.
This must be done at least nine weeks before A traffic commissioner must publish
you need the extra vehicles or you change applications to upgrade licences (e.g. those
your operating centre. from restricted to standard) in Applications and
Decisions. This will enable your application to
Neither additional vehicles nor additional be open to objection by statutory objectors (i.e.
operating centres can be used until the those that have a right in law to do so - such
application has been granted and the varied as local authorities and the police).
licence issued, unless an interim direction has
been granted. However, you do not have to advertise these
applications in a local newspaper, even though
Take note: If your new operating they are variations to your licence.
centre is in a different traffic area,
you will need to apply for a new If the changes you request are granted, you will
licence in that area. not be charged a fee but all your licence
documents and vehicle discs have to be returned
You can find details of current fee levels at so that your documents can be amended.
www.dft.gov.uk/vosa.
The change in licence type does not take
As with your original application for a licence, effect until the application has been granted
a traffic commissioner will publish details of and the varied licence issued, unless an
your variation application in the publication interim direction has been granted.
Applications and Decisions and you must also
advertise your application in a newspaper Applying for an interim authority for
circulating in the vicinity of your operating operation within nine weeks
centre. The GV81 application form contains a
blank advertisement form with instructions on If you need to use your new vehicles or
how to fill it in. operating centre within nine weeks, you should
request an interim authority (known as a
Take note: You will have to pay a direction) as part of your application.
fee to make a variation
application and it will be open to If your application is complete, a traffic
objections and representations. If commissioner may grant an interim direction
you are applying for extra vehicles, you will be that will allow you to operate in the way you
issued with vehicle identity disc(s) only after have applied for while your application to vary
the variation has been granted and you have your licence is being considered.
specified the additional vehicles on the licence.
When applying for an interim direction, it is
Upgrading the type of licence advisable to enclose your written request
(on form Int 1),under the same cover as your
If required, you can change the licence you application documents.
hold from, for example, restricted to standard
national, or from standard national to standard If the interim direction is given for an increase
international. To do this you must apply to in authorisation or a new operating centre,
the Central Licensing Office on form GV80A documents will be issued on payment of the
at least nine weeks before you require the relevant fee. You should not send your fee as
change to happen. part of your application, as you will only be
charged if your interim is granted (please note:
As before, proof of professional competence, there is no fee payable for upgrades).
good repute and financial standing will have to
19
SECTION THREE: HOW TO COMPLY WITH YOUR LICENCE
There is no statutory time limit or expiry 4. If a relevant person (for example the
date for an interim direction. It will expire licence holder) becomes sectioned under
either when the variation is granted or if the the Mental Health Act, or; (in Scotland),
application is withdrawn or refused. when a representative has been appointed
by a court for the reason of the mental
Take note: Being issued with incapacity of that person.
an interim direction does not
When one of the changes noted in 2, 3 and
guarantee that you will get the
4 above happens, the licence will normally
increase in authorisation or the
terminate automatically unless a traffic
upgrade you have applied for. Avoid making
commissioner specially allows it to continue
long-term plans until you get a firm decision on
for a specified period. At the request of the
the variation application.
operator (or, in the case of bankruptcy, the
receivers), a traffic commissioner may, in
Refusal of applications to vary the case of restricted licence holders, grant
a licence an extension of up to 12 months or (where it
appears to a traffic commissioner that there
If your application to vary your licence is
are exceptional circumstances) 18 months.
refused, you have the same right of appeal to
However, these extension periods are lower
the Administrative Appeals Chamber of the
for standard licence holders.
Upper Tribunal Traffic Commissioner Appeals
‘the Tribunal’ as you would do with an initial 5. Notification of a change of transport
application. See page 16 for more information. manager(s) should be made on form
GV80A. You must also enclose the
professional competence certificates for
any new transport manager and form TM1
3. Changes in your which can be obtained from the Central
circumstances Licensing Office.
6. Any change of partners within a
You must notify a traffic commissioner in
partnership firm. In some cases you may
writing within 28 days (by contacting the
need to apply for a new licence.
Central Licensing Office) of any of the
following changes: 7. Any relevant convictions or accepted fixed
penalties of yourself, your transport
1. Any change in legal entity in your
manager, officers, employees or agents
business, for example:
(see Annex 11).
u if you change from being a sole trader
8. Any change in the address for
or partnership into a limited company; or
correspondence that you gave on your
u if the structure of a limited company original application.
changes, resulting in a change of
9. Any change in the address of your
registered company number; or
operating centre(s).
u material change in the company
10. Any other changes that a traffic
such as a change of name, directors or
commissioner may have required you to
share holding.
report as a condition of granting your licence.
2. If any of the people named on the
licence dies. Take note: Goods vehicle
operators’ licences are not
3. If any of the people involved in the
transferable. Therefore, it is
management of the company faces
against the law to operate as
personal or company bankruptcy,
a new or different entity without informing a
liquidation or a similar situation.
traffic commissioner. A new licence for the new
entity must be obtained before operating.
20
SECTION THREE: HOW TO COMPLY WITH YOUR LICENCE
4. Rules relating to holding safety or environmental reasons. They may
also remove an operating centre altogether.
companies and subsidiaries
However, you will be given the opportunity to
Take note: The brief information make representations about the effect that any
in this section does not cover new conditions would have on your business,
every case relating to this topic. If before steps are taken to impose those
you have a specific problem that conditions.
is not covered here, you should seek further
advice. For example, consult an industry A traffic commissioner may take action against
association or a professional adviser for help. your licence if they are informed of non
compliance, for example:
If a holding company is applying for an
operator’s licence, it can include the vehicles u you no longer meet the requirements of
of any named subsidiary of which it owns more good repute or financial standing;
than 50%. u you (or another person associated with
the licence) have been convicted of
If a licence is granted in the name of a holding certain offences (see Annex 7);
company and that company later acquires a
subsidiary, the subsidiary’s vehicles can be u in the case of a standard licence, there is
added to the holding company’s licence. no longer a professionally competent
person working in the firm (see Section 4);
Adding these vehicles to the licence may u you make a false statement to get a
involve a change in the holding company’s licence, or have not kept to an
licence and the Central Licensing Office agreement you made when you applied
should be contacted for advice. An application for your licence;
will have to be made to a traffic commissioner,
using form GV81, if an increase in authorisation u you have broken a condition or not kept
is needed to accommodate these vehicles. an undertaking on your licence;
u a VOSA Vehicle Examiner has prohibited
the use of any of your vehicles because
5. Complaints about an of their dangerous condition;
u your vehicles have not been maintained
operating centre and in a safe and roadworthy condition;
non-compliance u rules surrounding the safe operation of
(You can find additional information on vehicles and drivers’ hours regulations
this in our booklet A Guide to Making have not been adhered to;
Representations, Objections and Complaints u there has been a change of
available on www.dft.gov.uk/vosa). circumstances that affects your suitability
as an operator; or
Anyone can complain, at any time, about
u there has been a material change, e.g.
the suitability of an operating centre after it
a business has changed from sole trader
has been specified on your licence. A traffic
or partnership to a limited company. This
commissioner then has the opportunity to
would constitute a change in legal entity.
review those centres at five-year intervals.
See ‘Changes in your circumstances’ on
page 20 for more information.
If a traffic commissioner does decide to review
your operating centre(s), they may impose or
change conditions on your licence for road
21
SECTION THREE: HOW TO COMPLY WITH YOUR LICENCE
23
SECTION FOUR: TRANSPORT MANAGERS
24
SECTION FOUR: TRANSPORT MANAGERS
At the discretion of a traffic commissioner, it u Holding of Transport Manager
is possible for internal transport managers “Grandfather Rights” (until 4 December
to do some consultancy work for another 2011) or Transport Manager “Acquired
standard licence holder - as an external Rights” (from 4 December 2011).
transport manager.
Transport Manager Certificate of
From 4 December 2011, traffic commissioners Professional Competence
can take regulatory action against both
internal and external transport managers, From 4 December 2011 a number of
independently of any action they may decide Awarding Organisations are able to offer the
to take against the licence holder. Certificate of Professional Competence (CPC)
examination. A list of Awarding Organisations
Declaration that a transport manager is who have approval to supply the exam is
“unfit” to manage transport operations provided at the end of this section, we will
update the list over time. From 4 December
At a public inquiry, a traffic commissioner 2011 the national Transport Manager CPC
may decide that a transport manager is examination will be discontinued – all future
unfit to oversee transport operations. If this examinations will be for the international
is the case, their Certificate of Professional Transport Manager CPC. Existing national
Competence will no longer be valid in any Transport Manager CPCs will remain valid for
EC Member State during any period of national operations after that date.
disqualification - ie they will not be able to
work as a transport manager in the UK or There are no academic entry requirements
any other EC Member State. for the examination. Neither are there any
fixed rules or requirements for study. You can
Where a traffic commissioner has taken such prepare for the examination by:
action, the transport manager may also appeal
to the Tribunal (see page 16). u attending a residential course;
u attending a non-residential course;
A person can be professionally competent for
national operations only, or for both national u studying with the help of a special
and international operations. If the transport learning pack or by a correspondence
manager has a certificate of professional course; or
competence for national operations only, u studying without assistance.
you may only nominate them on a standard
national licence. If they have professional For details of examination dates, test and
competence for both national and international study centres, and a more detailed syllabus,
operations, you will be able to nominate them contact an examination provider.
on a standard international licence.
List of current Transport Manager CPC
Professional competence: standard Awarding Organisations:-
national or international licence * OCR Examinations Board
There are three ways professional Progress House
competence can be established. These are: Westwood Way
Coventry
u Possession of a Transport Manager
CV4 8JQ
Certificate of Professional Competence,
) 02476 851509
u Possession of an alternative acceptable
qualification or diploma – via an 8
www.ocr.org.uk
exemption certificate,
25
SECTION FOUR: TRANSPORT MANAGERS
26
SECTION FOUR: TRANSPORT MANAGERS
LAKOV KALININ@SHUTTERSTOCK
‘Grandfather rights’ However, if you were a grandfather rights
holder but not listed on an operator’s licence
There are new rules in effect from 4 December in late 2011, you will need to apply to the
2011 which mean that the current ‘Grandfather Department for Transport to have those
Rights’ exemptions need to be renewed to rights renewed. An application form to renew
remain valid after 4 December 2011. grandfather rights is also available for download
on www.gov.uk/government/publications/
A new certificate (which will now be known transport-manager-acquired-rights, or
as “Transport Manager Acquired Rights”) will from Steve Blackmore at the Department for
automatically be issued by the Department Transport.
for Transport to all transport managers
with grandfather rights that are listed on an Take Note: You have until 4
operators licence when the re-certification December 2013 to apply for a
process takes place in late 2011. If you believe replacement certificate. They will
you qualified for the automatic issue of a not be available after this date,
new grandfather rights certificate, but have and, without one, your grandfather rights will
not received one by the end of 2011, please no longer be valid.
contact Steve Blackmore at the Department
for Transport on 0207 944 3339
- email steve.blackmore@dft.gsi.gov.uk.
27
ANNEX ONE: FURTHER INFORMATION
Annex 1:
Further information
For further information, you can also visit It is important that all operators are aware of
www.gov.uk/browse/driving. the contents of this Code, which gives detailed
advice on how most types of loads should best
If you need any more help or advice, please be secured. If you have an insecure load, you
contact the Central Licensing Office, who could be charged with dangerous driving and
process applications on behalf of the traffic this can lead to imprisonment.
commissioners.
Planning Permission: A Guide for Business
* Central Licensing Office
– available free of charge from:
Hillcrest House
www.gov.uk/communities
386 Harehills Lane
Leeds, LS9 6NF
A Simplified Guide to Lorry Types and Weights
) 0300 123 9000 – available free of charge from:
www.dft.gov.uk/vosa
7 self.service@vosa.gov.uk
Safe Operator’s Guide summarises best
Senior Traffic Commissioner Practice
practice advice on safety procedures relating
Directions and Guidance will be available
to all aspects of employees’ and drivers’
from 4 December 2011 at:
duties. Available free of charge from:
www.gov.uk/government/publications/
www.dft.gov.uk/vosa
senior-traffic-commissioners-statutory-
guidance-and-statutory-directions
Public Service Vehicle Operator Licensing:
Guide for Operators – provides general
Guide to Maintaining Roadworthiness explains
guidance to both new and experienced
the responsibilities and systems involved in
operators. The guide explains the public
maintaining vehicles in safe and roadworthy
service vehicle (PSV) operator licensing
condition. Available free of charge from:
system, including how to apply for a licence
u www.dft.gov.uk/vosa and how to minimise the risk of losing your
licence, once it has been granted.
u the VOSA Customer Contact Centre
– call 0300 123 9000
International Journeys
Rules on Drivers’ Hours and Tachographs You can find more information on
– Goods vehicles in the UK and Europe international journeys in the guidance
(GV262) explains the drivers’ hours rules and ‘Taking a lorry abroad’. You will find this
the keeping of records for both drivers and under ‘Drivers of lorries, buses and goods
operators. Available free of charge from: vehicles’ in the ‘Driving, transport and travel’
section on www.gov.uk.
u www.dft.gov.uk/vosa
u the VOSA Customer Contact Centre
– call 0300 123 9000
28
ANNEX ONE: FURTHER INFORMATION
Relevant legislation
Copies of the legislation can be viewed or
downloaded from:
http://www.legislation.gov.uk/
u The Goods Vehicles (Licensing of
Operators) Act 1995
u The Goods Vehicles (Licensing of
Operators) Regulations 1995 (as
amended) (SI 1995/2869)
u The Goods Vehicle Operators
(Qualifications) Regulations 1999 (SI
1999/2430) (as amended)
u The Goods Vehicles (Licensing of
Operators) Act 1995 (Commencement
and Transitional Provisions) Order 1995
u The Road Transport Operator
Regulations 2011 (SI 2011/2632)
u The Goods Vehicles (Licensing of
Operators) (Fees) Regulations 1995 (SI
1995/3000)
u EU Regulation 1071/2009 establishing
common rules concerning conditions
to be complied with to pursue the
occupation of road transport operator
u EU Regulation 1072/2009 on common
rules for access to the international road
haulage market
u The Goods Vehicle (Community
Authorisations) Regulations 2011
u The Transport Act 2000
u Council Directive 2003/59 on initial
qualification and periodic training of
drivers (Driver CPC)
29
ANNEX TWO: USEFUL CONTACTS
Annex 2:
Useful contacts
* Central Licensing Office
Hillcrest House
386 Harehills Lane
Leeds, LS9 6NF
) 0300 123 9000
7 self.service@vosa.gov.uk
Traffic Areas
Traffic Area Responsible for
30
ANNEX TWO: USEFUL CONTACTS
Traffic Area Responsible for
31
ANNEX TWO: USEFUL CONTACTS
32
ANNEX TWO: USEFUL CONTACTS
Traffic Area Responsible for
u Greater London
Scottish u Scotland
* Berkeley House
Croydon Street
Bristol
BS5 0DA
) 0300 123 9000
VOSA
8 www.dft.gov.uk/vosa
7 enquiries@vosa.gov.uk
For details of VOSA Enforcement Offices,
see www.dft.gov.uk/vosa
* Eastbrook
Shaftesbury Road
Eastern
Cambridge CB2 8BF
* Hillcrest House
Harehills Lane
North Eastern
Leeds LS9 6NF
33
ANNEX TWO: USEFUL CONTACTS
Scottish * Level 6
The Stamp Office
10 Waterloo Place
Edinburgh EH1 3EG
34
ANNEX TWO: USEFUL CONTACTS
Other useful contact details (continued)
* St John’s Road
Tunbridge Wells
Kent
Freight Transport Association TN4 9UZ
) 0189 252 6171
7 0189 253 4989
* Roadway House
Bretton Way
Peterborough
Road Haulage Association PE3 8DD
) 0173 326 1131
7 0173 333 2349
* Progress House
Westwood Way
OCR Examinations Board Coventry CV4 8JQ
) 0247 685 1509
8 www.ocr.org.uk
IVAN KRUK@SHUTTERSTOCK
35
ANNEX THREE: WEIGHT THRESHOLDS
Annex 3:
Weight thresholds
Unladen weight you should take the unladen vehicle to
a weighbridge.
For the purposes of legislation relating to
the use of vehicles and trailers on roads, the
unladen weight shall be taken to be the weight
How weight requirements
of the vehicle or trailer: affect licences
u inclusive of the body and all parts (the For an articulated vehicle (i.e. a tractor unit
heavier being taken where alternative with a semi-trailer), you need a licence if:
bodies or parts are used) which are u (where the semi-trailer is plated), the
necessary to or ordinarily used with combined unladen weight of the tractor
the vehicle or trailer when working on unit and the gross plated weight of the
a road; but semi trailer is more than 3,500kg; or
u exclusive of the weight of water, fuel u (where the semi-trailer is not plated),
or accumulators used for the purpose of the combined unladen weight is more
the supply of power for the propulsion of than 1,525kg.
the vehicle or, as the case may be, of any
vehicle by which the trailer is drawn, and For a motor vehicle with a drawbar trailer, you
of loose tools and loose equipment. need a licence if:
u (where both the motor vehicle and the
Total permitted weight
trailer are plated), the total of their gross-
The total permitted weight of a loaded vehicle plated weights is more than 3,500kg; or
is called the gross plated weight.
u in any other case, the total unladen
weight is more than 1,525kg.
To confirm this weight, check the Department
for Transport (DfT) plate (also called a Ministry
Take note: (For applicants for
plate). If there is no department plate, check
RESTRICTED licences only).
the manufacturer’s plate.
If your trailer is no more than
1,020kg unladen weight, you do
Department for Transport plates are fitted:
not need to include its weight when adding up
u on motor vehicles – after their first the total gross weight or unladen weights for
registration; and drawbar outfits.
u on trailers – after they have undergone a
Department for Transport annual test.
36
ANNEX FOUR: VOSA EXAMINERS (THEIR AUTHORISATION AND POWERS
Annex 4:
VOSA Examiners
(their authorisation and powers)
Warrants
Warrants are issued by the Secretary of State
for Transport to:
u Traffic Examiners (TEs), who tend to
concentrate on driver documentation
such as tachograph charts, driver’s
and operator’s licences or other vehicle
documentation such as plating and
testing or insurance certificates; and
u Vehicle Examiners (VEs), who primarily
concentrate on vehicle condition, inspection
systems and maintenance records.
37
ANNEX FIVE: SELF SERVICE
Annex 5:
Self Service
Registering online
Step 2
You have the option of registering online to Go to: www.gov.uk/manage-
use the self-service system. If you do this, you commercial-vehicle-operator-licence-
will be able to: online.
u check your licence details;
u add and remove vehicles;
Step 3
u transfer vehicles between licences held Click on ‘Start Now’.
by the same entity; and Then click on the ‘Register’ button.
u apply to vary licences and track the
progress of these variation applications.
Step 4
If you are a new applicant, you can also The registration pages will guide you
register online to use the self-service system through the process.
as soon as you have an acknowledgment of
your application. You will be able to see and
track the progress of your application and, if
the licence is granted, pay your fees online
as well.
How to register
To register for operator self-service, follow
these steps.
Step 1
Before you start, make sure you have
your operator licence number to hand (i.e.
the number beginning OB, OC, OD etc
followed by seven digits).
38
ANNEX SIX: FEES
Annex 6:
Fees
Application fee
The application fee is payable when you apply
for a new licence or a chargeable variation to
an existing licence. The fee covers the cost of
processing the application. The fee must be
sent in full together with the application. It is
non-refundable.
39
ANNEX SEVEN: RELEVANT CONVICTIONS
Annex 7:
Relevant convictions
Convictions and Penalties
You must declare all relevant convictions and penalties at the time you make your application
and any additional convictions after the licence has been granted. You must also inform a traffic
commissioner immediately of any convictions that occur between the date of you applying for
a licence and a decision being made on your application. A traffic commissioner will decide
whether the convictions are relevant. It is a criminal offence to make a false declaration.
A more general explanation of what a traffic commissioner can take into account is detailed
at section A below. You should provide full details of the background circumstances of any
convictions or penalties declared.
Spent convictions
You do not have to declare convictions which are “spent” under the Rehabilitation of Offenders
Act 1974. The table below shows the rehabilitation period, at the end of which convictions will
become spent. The rehabilitation period depends on the sentence for the original offence and
runs from the date of conviction.
40
ANNEX SEVEN: RELEVANT CONVICTIONS
DETENTION (PCC(S)A 2000, s.91) under
CYPA 933, s.53 for MORE THAN SIX 3 years
MONTHS but not exceeding 30 months
5 years
PROBATION (COMMUNITY
REHABILITATION) ORDER, where offender
18 years or over at date of conviction; 2½ years from conviction or a period
beginning with date of conviction and
Where offender under 18 at date of conviction ending when order ceases to have effect
(whichever is the longer)
41
ANNEX SEVEN: RELEVANT CONVICTIONS
A later conviction may affect the rehabilitation u An offence in relation to a goods vehicle
period for an earlier conviction if it happens relating to speed limits or overloading
before the first period has run out.
u An offence in relation to a goods vehicle
relating to the licensing of drivers
If you are not sure whether your convictions
are “spent”, you should declare it and a traffic u A drivers hours offence relating to a
commissioner will then consider each case on goods vehicle
its merits.
u An offence under sections 173 or 174
of the Road Traffic Act 1988 (forgery,
All applicants for restricted licences false statements or the withholding of
and holders of restricted licences information) in relation to an international
road haulage permit
You must notify a traffic commissioner if any
u An offence under section 2 of the
person named on your application, or on
your licence (including partners, directors or International Road Haulage Permits Act
transport managers), any company of which 1975 (removing, causing, or permitting
a person named on the application/licence is the removal of a goods vehicle or
a director, or any parent company if you are a trailer from the UK in contravention of
limited company, has been convicted of any of a prohibition)
the following: u An offence under section 3 of the Control
u An offence under the Goods Vehicles
of Pollution Act 1974
(Licensing of Operators) Act 1995 u An offence under section 2 of the Refuse
u An offence under the Transport Act 1968
Disposal (Amenity) Act 1978
or the Road Traffic Act 1960 which relates u An offence under section 1 of the Control
to licences or means of identification of Pollution (Amendment) Act 1989
u An offence relating to section 13 of the u An offence under section 33 of the
Hydrocarbon Oil Duties Act 1979 Environmental Protection Act 1990
(unlawful use of rebated fuel oil in relation
u An offence in relation to a goods vehicle
to goods vehicles)
in contravention of a provision prohibiting
u An offence under Section 74 of the Road or restricting waiting vehicles made under
Traffic Act 1988 (duty to keep inspection the Road Traffic Regulation Act 1984 or a
records in relation to goods vehicles) relevant traffic regulation order
You must also notify a traffic commissioner if Applicants for/holders of Standard
any person named on your application/licence,
National and Standard International
(including partners, directors or transport
managers), any company of which a person licences only
named on your application/licence is a director,
or any parent company if you are a limited In addition to the above convictions, you must
company, or any of your employees or agents, notify a traffic commissioner if any person
has been convicted of any of the following: named on your application/licence, (including
partners, directors or transport managers), any
u An offence under section 53 of the Road
company of which a person named on your
Traffic Act 1988 (plating certificates and application/licence is a director, or any of your
goods vehicle test certificates) employees or agents, has any of the following:
u An offence in relation to a goods vehicle Any conviction under the law of Northern
relating to the maintenance of vehicles in Ireland or any country outside the United
a fit an serviceable condition Kingdom which relates to the offences noted
above for all applicants/licence holders
42
ANNEX SEVEN: RELEVANT CONVICTIONS
Any conviction where one or more of the that would create such an immediate risk
following punishments was imposed: to road safety that it leads to a decision to
immobilise the vehicle.
u Imprisonment exceeding 3 months
u Transporting dangerous goods that are
u A fine exceeding level 4 on the
prohibited for transport or transporting
standard scale
such goods in a prohibited or non-
u A community service order (or equivalent) approved means of containment or
requiring unpaid work for more than without identifying them on the vehicle
60 hours as dangerous goods, thus endangering
lives or the environment to such extent
u Any punishment outside the UK
that it leads to a decision to immobilise
corresponding to any of the above
the vehicle.
u Any conviction or penalty for an offence
u Carrying passengers or goods without
under UK law relating to road transport,
holding a valid driving licence or carrying
or any corresponding offence outside
by an undertaking not holding a valid
the UK. In particular, but not limited to
Community licence.
offences relating to:
u Driving with a driver card that has been
w Drivers’ hours of work and
falsified, or with a card of which the
rest periods
driver is not the holder, or which has
w The weights and dimensions of been obtained on the basis of false
commercial vehicles declarations and/or forged documents.
w Road and vehicle safety u Carrying goods exceeding the maximum
permissible laden mass by 20 % or more
Any conviction or penalty for an offence under for vehicles the permissible laden weight
UK law relating to road transport, or any of which exceeds 12 tonnes, and by 25
corresponding offence outside the UK. % or more for vehicles the permissible
In particular: laden weight of which does not exceed
12 tonnes.
u Exceeding the maximum 6-day or
fortnightly driving time limits by margins
of 25 % or more.
u Exceeding, during a daily working period,
the maximum daily driving time limit by
a margin of 50 % or more without taking
a break or without an uninterrupted rest
period of at least 4.5 hours.
u Not having a tachograph and/or speed
limiter, or using a fraudulent device able
to modify the records of the recording
equipment and/or the speed limiter
or falsifying record sheets or data
downloaded from the tachograph and/or
the driver card.
u Driving without a valid roadworthiness
certificate if such a document is required
under Community law and/or driving with
a very serious deficiency of, inter alia, the
braking system, the steering linkages, the
wheels/tyres, the suspension or chassis
43
ANNEX EIGHT: ENVIRONMENTAL FACTORS AND CONDITIONS
Annex 8:
Environmental factors and conditions
Summary Environmental conditions
When a traffic commissioner is considering To prevent or minimise adverse effects on
granting a licence, he will take the following the environment, a traffic commissioner may
environmental matters into account: attach conditions to a licence. These could
include:
u The effect (or potential harm) that
granting an application would have on the u the number, type and size of authorised
nature and the use of any other land in vehicles (including trailers) at the operating
the vicinity of the operating centre. centre for maintenance or parking;
u Any planning permission (or planning u parking arrangements for the authorised
application) relating to the operating vehicles (including trailers) at the
centre or the land in its vicinity (if the operating centre or in its vicinity;
land has not previously been used as an
u the times when the operating centre may
operating centre).
be used for maintenance or movement of
u The number, type and size of the authorised vehicles; and
authorised vehicles that will use the
u how authorised vehicles enter and leave
operating centre.
the operating centre.
u The parking arrangements for the
authorised vehicles that will use the For more details, contact us on 0300 123 9000.
operating centre.
u The effect that the nature and times of
these activities may have on residents
living in the vicinity of that operating centre.
u The nature and times of use of the
equipment at the operating centre.
u How many vehicles would be entering
and leaving the operating centre, and
how often.
44
VOSA/2224/S&C/NOV 11
Contact us:
E-mail
enquiries@vosa.gov.uk
National Number
0300 123 9000*
*Calls provided by BT are charged at a low rate. Charges from other providers may vary.