If you are applying for or hold an Operator’s Licence you must meet the requirements of good repute and fitness.If the Licence holder or company fails to demonstrate this, the Licence must be refused and an existing Licence revoked.
As a new applicant, the Traffic Commissioner will look at any previous adverse Licence history and previous convictions. For an existing Operator, the Traffic Commissioner will take account of any convictions incurred, breach of licence conditions and issues regarding HMRC.
The 1995 Act is a lot stricter and more specific when it comes to accessing good repute compared to fitness. Nominated Transport Managers and Operators must be of ‘Good Repute’. Traffic Commissioners view certain convictions and incidents more seriously. They will have regard to the Rehabilitation of Offenders Act. The 1995 Act contains a Schedule of offences, more than one ‘serious offence’ results in mandatory loss of result as will more than one ‘road transport offence’ The following are a few examples of these:
• Transporting dangerous goods
• Carrying goods or passengers without a valid drivers or operator’s license
• Driving beyond the driving time limits by margins of 25% or more
• Carrying goods which exceed the maximum by 20% or more for vehicles of the permitted weight of which exceeds 12 tonnes and by 25% plus for vehicles with the permitted laden weight which does not exceed 12 tonnes
• Driving without an in-date MOT certificate
• Not having a tachograph and/or falsifying tachograph data
Click here to read our guide on good repute and reporting obligations