Driving for a living covers the following areas:
- HGV/PSV Driver
- Taxi Drivers/Operators
- Sales Representative/Professional Driver
HGV/PSV Driver
Applying for your first HGV/PSV licence and Renewal
When you apply for your first HGV/PSV licence to the DVLA there are a number of grounds that may lead to your application being referred to the Traffic Commissioner. The grounds upon which such a referral can be made are varied and for the most part relate to endorsements and disqualifications on your driving record and to some non-endorseable convictions. Similarly on renewal you may find you are referred to the Traffic Commissioner where grounds exist.
Often this will be because of offences having been committed. Your application may meet with a letter advising you the Traffic Commissioner is minded to refuse your application. We can advise you whether to make written representations or exercise your right to a hearing before the Traffic Commissioner and represent you before the Commissioner.
Vocational Conduct Hearings
A referral to the Traffic Commissioner may be made by the DVLA because of endorseable offences or by the Secretary of State for Transport for non-endorseable offences and other third-party notifications.
If this happens you are likely to be called for a hearing before the Commissioner. This is like a Court of Law where the Commissioner will hear evidence. The evidential test is on the balance of probabilities e.g. is it more likely that you did some act or not. It is essential that you contact us straightaway and make sure that any correspondence from the Traffic Commissioner does not go unanswered.
In our experience clients do not want to leave it to chance and often take action as soon as they hear from the Traffic Commissioner’s Office. This is the time to contact us.
Taxi Drivers/Operators
Regulation and enforcement of your taxi driver and operator licence is undertaken by either the Local Authority where you obtained your licence or by the Local Authority where an alleged offence has taken place.
Prosecutions
Whilst most Local Authorities try to work with taxi drivers to try and avoid prosecutions occasionally proceedings are brought to local Magistrates’ Court. The kinds of offences Courts regularly deal with are:
- Failing to wear private hire driver’s badges
- Failing to exhibit badges externally
- Plying for hire without a current taxi driver’s licence
- Licensed operator failing to keep records
Suspension/Revocation
Local Authorities can take action where they have concerns about a taxi driver. Whilst they may issue a warning the Local Authority can take proceedings to suspend or revoke the licence. It is always best to talk to the enforcement officers about their concerns to try to avoid suspension or revocation but if you fail then you may need our help.
You may lose your licence because of repeated speeding offences, offences involving mobile phones, and other more serious offences. You have the right of appeal against their decision to the local Magistrates’ Court. We can help argue that you are a fit and proper person for a taxi driver licence.
Sales Representative/Professional Driver
A recent survey by the Guardian found the average sales rep spent 42% of his day on the road. Whether you are driving 20,000 or 60,000 miles a year you are at a greater chance than most of coming across fixed and mobile speed cameras, traffic patrols and average speed cameras, and the observant traffic officer.
You will try to take sensible precautions but sometimes that isn’t going to be enough. We understand the pressures on you and the sinking feeling when you see those blue lights, that camera flash or a Notice of Intended Prosecution dropping on your door mat.
We have a detailed knowledge of Road Traffic Law and practice and can advise you on the best way to keep your licence.
You may just want some re-assurance about your points, you may need help responding to an Notice of Intended Prosecution, or you may need our help fighting for your licence in Court. We attend Courts across the land and appear daily in front of Magistrates’ Courts saving peoples livelihoods.
