Passenger Vehicles

Written 23rd April 2014 by Olliers Solicitors

Offences concerning Operator’s Licences can often be an extremely technical and complex area of the law.

It is also an offence to use, lend, alter or forge an Operator’s Licence with intent to deceive. This is one of the more serious offences which carries a maximum penalty of 2 years imprisonment and an unlimited fine.

Our specialist motor law team at Olliers possess in depth knowledge of the legislation and procedures involved in all aspects of Operators’ Licensing. We can provide comprehensive assistance for the following:

  • Application for operators licence
  • Prosecutions in the UK
  • VOSA
  • Public Inquiry
  • Driver Conduct Hearing

Application for Operator’s licence

If you are applying for an operator’s licence there is a pre-application checklist that you should carefully consider.

Operating Centre

  • Do you own your premises?
  • Do you rent or is the site used with permission?
  • Is it of a suitable size?
  • Does it have suitable access?

Transport manager

  • Do you employ a transport manager?
  • Do they hold a Certificate of Professional Competence?
  • Are they of repute? (Exceptions may apply)

If you hold a restricted operator’s licence, you may not be required to employ a transport manager but this will restrict the number and size of vehicles you are able to operate.

Financial Status

You must be able to demonstrate that you have sufficient capital and reserves to satisfy the financial standing criteria. You must have available capital and reserves of £7,200 for the first vehicle licence and £4,000 for each vehicle licence thereafter (standard national and international licence holders only. For restricted licences please call for specific advice).

Fitness to hold a licence/Repute

  • Are you, your servants or agents fit to hold a licence?
  • Are there any disclosable convictions?
  • Has your business been formed from the result on another business ceasing to trade?
  • Is your application as a result of changes to your operator services?
  • You must inform your local Traffic Commissioner of any changes to your licence or application – failure to do so could result in prosecution or refusal of the application.
  • There are 8 geographical areas covering the whole of the UK. If you are unsure of how to contact your local Traffic Commissioner’s office, please click here.

If you are uncertain of exemptions that may apply then please contact us to discuss further.

Prosecutions in the UK

The team at Olliers deal with the entire spectrum of motoring prosecutions and regularly (and successfully) defend motoring offences which include, but are not limited to, all alcohol related offences (drink driving,drunk in charge etc), speeding and driving whilst using a mobile telephone. We regularly represent clients in relation to the totting provisions when a driver is at risk of disqualification due to the number of points on their licence and have an unparalleled record of successful results.

In addition to the enviable range of motor offences we are able to defend, we can also provide representation in respect of offences relating to drivers’ hours and falsification of records.

If you face prosecution for an offence, you MUST seek legal advice as soon as possible. Early representation/advice can be crucial in your ability to defend your case. If you have received a notice of intended prosecution, a summons or have been stopped by police and/or bailed to attend a police station then we would recommend speaking to one of our motoring specialists in the first instance.

The Vehicle and Operator Services Agency (VOSA) provides a range of licensing, testing and enforcement services with the aim of improving the road-worthiness standards of vehicles ensuring the compliance of operators and drivers while supporting the independent Traffic Commissioners.

Public Inquiry

If you have received a notice of a pending Public Inquiry then please contact us for assistance at the earliest opportunity.

A Public Enquiry may arise from the following:

  • Unsatisfactory Maintenance or Tachograph investigation
  • An outstanding application
  • A recent Health & Safety complaint
  • Any unresolved issues with HM Revenue & Customs
  • A recent prosecution
  • Recent entry into administration
  • Recent declaration of insolvency

Driver Conduct Hearing

If you have received a letter from the Traffic Commissioner’s office in relation to a hearing then please contact us for legal advice as soon as possible as your licence may be at risk.

Driver and Vehicle Standards Agency (DVSA)

A new agency with responsibility for maintaining vehicle standards was launched on 28 November 2013 as the Driver and Vehicle Standards Agency (DVSA). This was announced by the Transport Minister, Robert Goodwill.

The new agency will replace the Driving Standards Agency (DSA) and the Vehicle and Operator Services Agency (VOSA) with responsibilities for setting, testing and enforcing driver and vehicle standards in Great Britain.

There will be a gradual introduction of the new agency name ahead of the formal launch in April 2014, with no change to the level or quality of services during the transition period. DSA and VOSA will be incorporated within the new agency and the new branding will reflect this until their services and trading funds are brought together over the next financial year.

DSA improves road safety in Great Britain by setting standards for driving and motorcycling, and for the education and training of drivers and riders. The agency also carries out driving and riding tests.

The DVSA will have a broad range of responsibilities, including processing applications for licences to operate lorries and buses, operating testing schemes for all vehicles, and enforcing the law on vehicles to ensure that they comply with legal standards and regulations.

The agency will also enforce drivers’ hours and licensing requirements, provide training and advice for commercial operators, investigate vehicle accidents, defects and recalls, and run tests for instructors of large goods vehicles, as well as driver trainers.

If you need help with any of the above, contact us on 0808 168 0017.

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