Traffic Commissioner – Driver Conduct Hearings

Traffic Commissioners are responsible for overseeing the licensing and regulation of heavy goods vehicle (LGV) and public service vehicle (PSV) operators and the professional conduct of the drivers who hold these vocational licences.

Drivers who hold an LGV or PSV licence may be required to attend a Driver Conduct Hearing if concerns arise about their behaviour while driving. These hearings are used to review whether a driver remains suitable to hold a vocational driving licence.

In most cases, the driver will receive a formal letter from the Traffic Commissioner explaining that they are required to attend a hearing. The letter will include details of the date, time and location where the hearing will take place.

What Happens at a Driver Conduct Hearing

Driver Conduct Hearings are usually held in public and are generally less formal than court proceedings, although the hearing is officially recorded.

The purpose of the hearing is to consider whether regulatory action should be taken against a driver’s vocational licence. This may occur after breaches of road transport regulations or when concerns arise during an application for a vocational licence, particularly if the driver has a history of previous driving offences.

Although Traffic Commissioners cannot take action against a person’s ordinary driving licence, they do have the authority to suspend, restrict or revoke a driver’s LGV or PSV vocational licence.

Reasons a Driver May Be Called to a Hearing

Drivers may be asked to attend a conduct hearing for a variety of reasons linked to road transport law. Examples may include:

• speeding offences
  
• using a mobile phone while driving
  
• breaches of drivers’ hours or tachograph regulations
  
• roadside prohibitions issued by enforcement officers
  
• recent convictions in court
  
• operating an overloaded vehicle
  
• failing to stop after a road traffic accident
  

The Traffic Commissioner may also raise other concerns about a driver’s conduct or professional standards during the hearing.

In cases involving PSV licences, additional scrutiny may apply where a driver has previous convictions for serious criminal offences, particularly those involving violence or sexual offences.

Attending the Hearing

Drivers are not legally compelled to attend a Driver Conduct Hearing. However, failing to attend without a reasonable explanation may be viewed negatively by the Traffic Commissioner. If a driver does not attend, the hearing may still proceed in their absence, meaning they lose the opportunity to respond to the concerns being raised.

Because many professional drivers rely on their vocational licence for their livelihood, it is common for drivers to seek assistance from a legal representative or adviser experienced in road transport law.

Legal professionals such as legal advisors and barristers are automatically entitled to represent drivers at these hearings, although the Traffic Commissioner ultimately decides who may speak on behalf of the driver.

Preparing for the Hearing

Preparation is important before attending a Driver Conduct Hearing. Drivers may wish to gather relevant documents, evidence, or character references that may help explain the circumstances of the case.

In some situations, it may also be beneficial for an employer or transport manager to attend the hearing. A statement from an employer outlining the driver’s work history and the potential impact of losing their licence may be taken into account when the Traffic Commissioner considers the case.

Possible Outcomes

At the conclusion of the hearing, the Traffic Commissioner will decide whether any action should be taken against the driver’s vocational licence.

Depending on the circumstances, possible outcomes may include:

• issuing a warning
  
• suspending the vocational licence for a period of time
  
• disqualifying the driver from holding a vocational licence
  
• revoking the vocational licence completely
  

Responsibilities After the Hearing

Professional drivers have a duty to inform their operator or employer of any decisions affecting their vocational licence.

Because these hearings can have serious consequences for a driver’s career, it is important to understand the process and ensure that the case is properly prepared before attending.