The Traffic Commissioner & DVSA
Formerly known as the Vehicle & Operator Service Agency (‘VOSA’), the Driver and Vehicle Standards Agency (‘DVSA’) is an executive agency sponsored by the Department for Transport.
Th DVSA, in addition to responsibilities such as conducting driving tests, approving potential driving instructors and MOT testers, is responsible for ensuring that lorries and buses are maintained in a safe and roadworthy condition and, as part of the process, regulates Operator’s Licences and conducts road side checks on both drivers and vehicles.
With regard to public service vehicles and goods vehicles operators, it is the responsibility of DVSA to ensure and enforce strict compliance with the numerous and complicated Regulations governing the operation and running of such transport operations by all involved including directors, transport managers and drivers.
The licensing and regulating of operators of public service vehicles, heavy goods vehicles and local bus services is the responsibility of Traffic Commissioners empowered to take Regulatory Proceedings to ensure compliance.
Additionally, Traffic Commissioners may conduct a formal Public Inquiry where evidence is required to assist them to decide whether or not to:
- grant or refuse a licence to a specific operator,
- take any enforcement action against any operator or vehicle driver(s).
John Veale of Kangs Solicitors outlines two important requirements for anyone wishing to obtain an Operating Licence.
The Requirements
Section 13 of the Goods Vehicle (Licensing of Operators) Act 1995 provides that the Traffic Commissioner should be satisfied that an Applicant:
- has an effective and stable establishment in Great Britain,
- is of good repute,
- has appropriate financial standing,
- is professionally competent,
- has designated a Transport Manager who
- is also of good repute, professionally competent, not prohibited from being designated as a transport manager and not designated to act as a transport manager for more than four operators or be responsible for more than fifty vehicles.
Regulation (EC) 1071/2009 defines the Transport Manager as a person:
- being a natural person, employed by or contracted to an undertaking or another person, if that undertaking is a person,
- who effectively and continuously manages the transport activities of the undertaking,
- who has a genuine link to the undertaking such as being an employee, director, owner shareholder or administering it.
How Can We Help?
KANGS fields a team experienced in handling all aspects of the DVSA, Transport Law and Public Inquiries conducted by the Traffic Commissioner.
Our team is experienced in dealing with a wide variety of transport related matters such as:
- road side stops arising from an infringement,
- interviews under caution with the DVSA,
- driver conduct hearings,
- assisting with new applications for Operators Licences,
- advising in relation to regulatory proceedings against driving professionals, transport managers, Operator Licence holders and transport companies,
- representing businesses in a Public Inquiry before the Traffic Commissioner.
For an initial no obligation consultation please do not hesitate to contact any of our team of lawyers.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.
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