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The Senior Traffic Commissioner’s Statutory Guidance and Directions - Updated

1 Oct 2020

The Senior Traffic Commissioner’s Statutory Guidance and Directions

Updated versions of the Statutory Guidance has been issued.  The most significant changes are to the Vocational Driver Conduct guidance, statutory document no. 6, but there are some changes within the other documents together with clarifications.

Many of the changes relate to up dating the legal position and incorporate recent key Upper Tribunal decisions, with links to decisions contained in the documents.

List of Statutory Documents:

Statutory Document 0 - Introduction

Annex 1 summary of position following the United Kingdom’s withdrawal from the European Union.

Statutory Document 1 - Good Repute & Fitness

Includes an update to serious offence details around community orders and relevant convictions in line with legislative changes, as well as some minor updates.

New paragraph reminding PSV Operators of their obligation under the Public Passenger Vehicles Act 1981/Section 20 to report to the Secretary of State any failure or damage of a nature which has been calculated to affect the safety of occupants of a public service vehicle owned by them or of any persons using the road, as soon as practicable.

Significant additions in relation to collisions with bridges and infrastructure with reference to Network Rail guidance.

The most important being the addition to paragraph 73

"when incidences are brought to the attention of a traffic commissioner they will wish to consider the culpability of the operator and transport manager and they may be called to attend a public inquiry. The driver can also expect to be called to a hearing and may face a period of suspension"

Statutory Document 2   - Finance

Update includes reference to a decision on the distinction between ‘financial standing’ and ‘financial resources’, and expansion of  what ‘technically available’ will mean. 

There are further explanations added about how Operators should apply for a period of grace, relevant starting points and how the periods should be managed.

Statutory Document 3   - Transport Managers

Under the section referring to the requirements under article 4 of EU Regulation 1071/2009 a new requirement that Transport Managers must effectively and continuously manage the transport activities of the undertaking, has been added.

Also added is the expectation that form TM1 is uploaded to the operators VOL account along with evidence of the relevant qualification held and the genuine link to the operator.

Statutory Document 4   - Operating Centres, Stable Establishments and Address for service

Statutory Document 5   - Legal Entities ( including insolvency and Regulation 31 and Section 57                                              applications)

Statutory Document 6   - Vocational Driver Conduct - Most significant changes

A consultation into proposed changes to how the Traffic Commissioners determine driver conduct issues was recently undertaken by the Senior Traffic Commissioner.

Changes to Statutory document 6 include:

  • mutual recognition of driver disqualification between the GB and Republic of Ireland
  • increased penalties for mobile phone use
  • revised entry points with case examples (for instance route planning and bridge strikes)
  • the approach to abusive behaviour towards officials
  • determining cases when drivers fail to attend without notice
  • additional language support for drivers during hearings

Statutory Document 7   - Impounding

Statutory Document 8   - Delegation of Authority ( the delegation of functions to staff, arrangements

                                             for multiple licence holders and lead Traffic Commissioners)

Statutory Document 9   - Case Management

Statutory Document 10 - Format of decision making and the concept of proportionality

Statutory Document 11 - Format of decisions (including publication, written reasons and decisions)

Statutory Document 12 - Appeals

Statutory Document 13 - Small PSV operations (including limousines and novelty vehicles) – update 

                                             awaited 

Statutory Document 14 - Local Bus Services in England (outside London) and Wales

Other changes to the Statutory Documents include:

  • the inclusion of requirement for unique usage of VOL log-on details
  • an updated position on driver employment with reference to recent Upper Tribunal decisions
  • references to Upper Tribunal decisions about representations made before a traffic commissioner decides whether to disqualify an operator or transport manager
  • guidance on dissolved company rights and restoration to Companies House register
  • references added to withdrawal from EU
  • references to Upper Tribunal decisions about representations made before a traffic commissioner decides whether to disqualify an operator or transport manager
  • reference to best practice guides including vehicle security, diesel spillages and safety recalls

further information for Statutory Documents:

https://www.gov.uk/government/collections/senior-traffic-commissioners-statutory-guidance-and-statutory-directions