‘A Practical Guide to Operator Licensing for Goods and Public Service Vehicles in the United Kingdom’ by Darren Finnegan

Description

This book is designed to assist busy practitioners who find themselves dealing with an operator licensing query. It gives an overview of the requirements in applying for a licence, keeping a licence and what events may trigger the loss of an operator’s licence or a disqualification. It also explains the process of a public inquiry before a traffic commissioner.

The purpose of this book is not to give a comprehensive analysis of the case law underpinning the system, but to give practitioners a place from where to begin in dealing with a jurisdiction which operates under rapid listing of cases and where celerity is imperative.

The book will also be of use to those with a general interest in transport regulation such as transport consultants and countless other stakeholders.

Given the substantial overlap between goods vehicles and public service vehicles both areas will be addressed. Similarly, the system in Great Britain will be discussed along with highlighting the differences in the Northern Ireland where relevant.

ABOUT THE AUTHOR

Darren is a barrister practicing from Lincoln House Chambers in Manchester and also from the Bar Library in Northern Ireland. He specialises in road traffic crime and operator licensing.

Before coming to the bar, Darren worked as a long-distance lorry driver specialising in heavy haulage and machinery transport across Ireland, the UK and Europe. He worked as a transport planner and is a qualified transport manager. He still does some HGV driving to ‘keep his hand in.’

CONTENTS

Chapter One – Introduction to Operator Licensing
– What is an operator licence?
– Statutory exemptions for goods vehicles
– Administration of the system
– Northern Ireland
– Other terms used throughout the book
– The Senior Traffic Commissioner Statutory Guidance Documents

Chapter Two – Getting a Licence: Two Preliminaries
– Core requirements
– How the applications are processed
– Interim authority to operate
– Public inquiries
– Undertakings

Chapter Three – Keeping a Licence
– Undertakings and conditions
– Interaction with the DVSA
– Licence renewals and variations
– Notification of changes
– Things an operator must be doing
– Driver’s hours
– Maintenance
– Continuous Professional Development
– Driver management
– Other regulatory conduct

Chapter Four – Losing a Licence
– How to get an audience with the traffic commissioner
– Preliminary hearings
– Public inquiries
– PTR letters
– The OTC as investigator
– Preparation for a public inquiry
– Maintenance Investigation Visit Report (‘MIVR’)
– Traffic Examiner Visit Report (‘TEVR’)
– DVSA officers at public inquiries
– Who should attend on behalf of the operator?
– Transport consultants
– Procedure on the day
– Undertakings
– The decision of the traffic commissioner
– Driver conduct hearings
– Issues over repute
– Issues over finances
– Period of grace
– Costs
– Appeals and stays
– Northern Ireland bus operator’s licence
– Impounding hearings