After a review of the role of UK traffic commissioners (TCs), the government has recommended that it be replaced by a single independent tribunal body led by a statutory president. The Department for Transport’s (Dft) report has also proposed that the current fee structure should be overhauled to remove the operating deficit and allow it to be completely funded via the fees it charges.

As part of its 12 recommendations, which are aimed to have a major impact on the way TCs currently operate, a change to the traffic commissioner’s name is also being considered in order that it better reflects the role they perform. 

Changing Tribunal Rules

The DfT’s report suggested that the DfT go ahead with changes that would allow TCs to create tribunal rules, something that would include cost orders. It also went on to say…

“With increased powers, TCs would be better able to manage their hearings which should make them more effective & efficient in the longer term. Furthermore, these powers would also demonstrate the independence of the function and bring it more in line with other tribunal jurisdictions.”

It’s said that consolidating the existing 8 TCs into a single body would ensure that managing the organisation was simpler and that having a president (rather than a senior TC), would clarify accountability and improve governance arrangements. 

Chief Operating Officer (COO) to Manage OTC Staff

Another recommendation was also put forward for a chief operating officer (COO) to be employed in order to manage Office of Transport Commissioners (OTC) staff and engage a wide range of stakeholders. The report continued…

“The DVSA director of enforcement presently manages OTC staff, however, this relationship whereby they oversee the staff of the OTC enhances a perception and inherent legal risk that the TC function is ‘managed’ by DVSA enforcement, despite being a party to its hearings.

In the medium term, a COO will remove this perception and risk and improve stakeholder engagement across the devolved administrations of Scotland and Wales, as well the number of policy areas reflected within the DfT policy forum.”

However, a note of caution was made by principal associate of Weightmans law firm, Chris Powell, who suggests that the adoption of these recommendations would fundamentally change the current licencing regime and impact all licence holders. 

“The recommendation to replace individual traffic commissioners with a single specialist tribunal could mean stronger powers to take action against operators who don’t hit the mark.

However, the big question hanging over this is whether we’ll see anything change, given that we’d need new primary legislation with limited parliamentary time & a looming general election.

If anything will be prioritised, it seems likely it will be licence fee reform given that this would deliver a cost-neutral regulatory body funded by industry rather than one that currently operates at a deficit. We’ll all be eagerly watching to see how far this makes it down the road.”

Working Towards a Resilient UK Supply Chain 

Changes like these are designed to make the UK supply chain and our transport network stronger. This is something we’re completely behind, but it remains to be seen whether it becomes enacted in the fullness of time. As Chris Powell said, we’ll all be watching to see how far through the process this proposal goes.

Irrespective of this, the HGVC team will continue to do what it’s renowned for – delivering industry-leading HGV licence acquisition programs via our nationwide network of training centres. If you’d like to know more about us and how we work, please browse our website or to get in touch, call 0330 818 8888 or click on ‘contact us’ today.