Learn More About the Traffic Commissioner’s Powers

If you hold or are applying for an Operator Licence in the UK, you need to understand the role and powers of the Traffic Commissioner (TC). These regional regulators play a crucial part in shaping, supervising, and — where necessary — enforcing the rules that govern the commercial vehicle industry.

This in-depth article will help you:

• Understand what Traffic Commissioners do

• Learn how their powers affect your licence and business

• See how operators and Transport Managers are held to account

• Get practical tips to avoid enforcement action

Whether you run one van or a nationwide fleet, knowing how to stay on the right side of the Traffic Commissioner is key to keeping your Operator Licence safe.

What Is a Traffic Commissioner?

Traffic Commissioners are independent regulators appointed by the Department for Transport. There are currently eight regional Traffic Commissioners covering England, Scotland, and Wales.

Each Commissioner has statutory powers over:

• Goods Vehicle Operator Licences

• Passenger Service Vehicle (PSV) Licences

• Vocational driver conduct (LGV/PCV drivers)

• Transport Manager professional competence

They are responsible for:

Assessing licence applications

Monitoring operator compliance

Holding Public Inquiries

Taking enforcement action

Promoting fair competition in road transport

Regions Covered by Traffic Commissioners

Each Commissioner operates independently but follows the same laws, policies, and guidance issued by the Senior Traffic Commissioner.

The Legal Framework Behind Their Powers

Traffic Commissioners derive their authority from various pieces of legislation, including:

• The Goods Vehicles (Licensing of Operators) Act 1995

• The Public Passenger Vehicles Act 1981

• The Road Traffic Act 1988

• The Road Transport Operator Regulations

• EU/UK Driver CPC & Tachograph laws

• They are supported by the Office of the Traffic Commissioner (OTC) and work closely with the DVSA, who carry out roadside checks, audits, and investigations.

What Powers Does a Traffic Commissioner Have?

Here’s a breakdown of the Traffic Commissioner’s powers and how they can affect you:

Grant or Refuse an Operator Licence

Traffic Commissioners have the final say on whether you are fit to hold a licence. They will assess:

• Financial standing

• Professional competence (for Standard licences)

• Good repute

• Suitability of operating centres

• Maintenance and record-keeping arrangements

  
  

  If they are not satisfied, they can:

• Request more information

• Refuse the application

• Call a Public Inquiry

  
  

Impose Conditions or Undertakings on Your Licence

Traffic Commissioners can place additional conditions on your licence beyond the standard ones, such as:

• Restricting vehicle movement times

• Limiting operating hours

• Requiring regular compliance audits

• Restricting certain operating centres

• These conditions are legally binding. Breaching them can lead to enforcement.

Revoke, Suspend or Curtail a Licence

If an operator fails to comply with their legal obligations, the Traffic Commissioner has wide powers to:

• Revoke the licence (permanently withdraw it)

• Suspend the licence (temporarily prevent operation)

• Curtail the licence (reduce the number of authorised vehicles)

  
  

  This may happen if:

• You no longer meet financial standing

• Your vehicles are unsafe

• You’ve committed tachograph fraud

• You’ve operated illegally (e.g., wrong licence type)

• Your Transport Manager has failed in their duties

Call a Public Inquiry (PI)

The Traffic Commissioner can summon operators, drivers, or Transport Managers to a Public Inquiry when concerns arise. These are formal, court-like hearings where:

• Evidence is reviewed

• Witnesses may be called

• Operators may be questioned under oath

• Reasons for a PI include:

Roadside prohibition or serious defect reports

• DVSA audit failures

• Complaints from the public

• Suspicion of licence misuse

• Outcomes can include warnings, curtailment, disqualification, or licence revocation.

Disqualify Operators or Transport Managers

Under certain circumstances, a TC can:

• Disqualify an individual from holding an Operator Licence

• Disqualify a Transport Manager from acting in any role

• Prohibit a company director from involvement in any transport business

• Disqualification can be temporary (e.g., 1–5 years) or indefinite, depending on the severity of the breach.

Review Transport Manager Repute and Competence

Traffic Commissioners expect Transport Managers (TMs) to:

• Be professionally competent (hold a valid CPC)

• Exercise continuous and effective control

• Be of good repute

• If a TM is found to be negligent, overcommitted, or dishonest, the TC can:

Remove them from the licence

• Disqualify them from acting for any operator

• Refer them to the Senior TC for further action

Vocational Driver Conduct Hearings

In addition to regulating licences, TCs also oversee the conduct of vocational drivers.

They can:

• Suspend or revoke LGV/PCV driving entitlements

• Impose re-training or medical conditions

• Hold hearings for professional drivers following:

• Drink/drug offences

• Driving bans

• Tachograph manipulation

• Road safety complaints

Respond to Objections and Representations

Traffic Commissioners assess objections to licence applications, often from:

• Local councils

• Environmental officers

• Nearby residents

• Competing operators

  
  

  They can refuse or amend an application if:

• An operating centre is unsuitable

• Local impacts (noise, traffic) are too severe

• Planning permission is absent

Issue Guidance and Regulatory Updates

The Senior Traffic Commissioner issues Statutory Guidance Notes, covering:

• Good repute standards

• Transport Manager expectations

• Driver conduct

• Operating centre requirements

• Public Inquiry processes

• Operators must stay up to date with these documents to remain compliant.

How Do Traffic Commissioners Enforce Compliance?

Although the TCs don’t conduct roadside checks themselves, they are informed by DVSA findings and can take action based on:

• DVSA reports

• Tachograph analysis data

• Complaints or whistleblowing

• Public Inquiry outcomes

• Enforcement Process Example:

• DVSA visit or inspection

• Negative report sent to OTC

• Case review by Traffic Commissioner

• Letter issued: Request for explanation

• Public Inquiry called (if needed)

• Sanctions imposed based on findings

  
  
  
  

  Real-World Examples of Traffic Commissioner Action

Haulage company had its licence revoked after falsified driver hours were uncovered. The TM was disqualified for 5 years.

Minibus operator suspended after poor maintenance records and unroadworthy vehicles were found.

Sole trader restricted to one vehicle due to inadequate financial standing.

How to Stay on the Right Side of the Traffic Commissioner

✅ Know your undertakings

Read the promises you made when your licence was issued — and ensure you fulfil them daily.

✅ Keep excellent records

Be ready to show your maintenance history, tachograph reports, driver records, and financial evidence.

✅ Hire a competent Transport Manager

They must be qualified, engaged, and have enough time to oversee your operation.

✅ Respond promptly to requests

If the TC or DVSA sends a letter, respond fully and quickly — delays can worsen your situation.

✅ Don’t take shortcuts

Running one overloaded, poorly maintained vehicle can cost you your entire licence.

What Happens at a Public Inquiry?

A Public Inquiry is a formal regulatory hearing. If called, you must:

• Attend in person (with legal or compliance representation if needed)

• Submit documentary evidence ahead of time

• Be prepared to answer questions about your systems and decisions

The TC may:

• Issue a warning

• Revoke or curtail your licence

• Disqualify individuals from holding licences or managing fleets

• Impose conditions on future operations

• What Traffic Commissioners Want to See at a PI

• Honest explanation of what went wrong

• Evidence of corrective actions (e.g., audits, new systems, training)

• Clean compliance history or mitigating factors

• A genuine willingness to improve

Can You Appeal a Traffic Commissioner’s Decision?

Yes. Appeals are made to the Upper Tribunal (Administrative Appeals Chamber).

Reasons for appeal may include:

• Misinterpretation of law

• Procedural unfairness

• New evidence

• You must lodge an appeal within 28 days of the decision.

The Importance of Reputation

Your good repute is one of the core requirements for holding an Operator Licence. The Traffic Commissioner will assess:

• Your compliance history

• Criminal convictions (yours or key staff)

• Business integrity

• Conduct of directors and Transport Managers

• If your repute is lost, your licence is at risk — even if your systems are otherwise good.

Conclusion: Respect the Regulator

Traffic Commissioners are not the enemy — they’re the gatekeepers of road safety and fair competition in the commercial vehicle industry.

Understanding and respecting their powers:

• Helps you stay compliant

• Protects your licence

• Keeps your vehicles (and your drivers) on the road

• Next Step: Read our next article — "How to Avoid Losing Your Operator Licence" — for practical strategies that keep you out of the Traffic Commissioner’s crosshairs.