HGV or PSV Road traffic offence in the line of duty? Don’t panic!

The OTC’s responsibilities are specified as including:

• the licensing of the operators of Heavy Goods Vehicles (HGVs) and of buses and coaches known as Public Service Vehicles (PSVs)
• the registration of local bus services
• granting vocational licences and taking action against drivers of HGVs and PSVs
• dealing with appeals against decisions by Scottish local authorities on taxi fares
• dealing with appeals against charging and removing improperly parked vehicles in Edinburgh and Glasgow

Where Road Traffic Offences occur on a road or public place, eg. Tachograph offences, carrying dangerous loads, Dangerous Driving of HGVs, Careless Driving, Construction and Use offences, etc., the driver of the vehicle will be prosecuted in the normal manner. It is also possible to prosecute an operator for certain Road Traffic LAW infringements.

In addition, the Office of the Traffic Commissioner has the power to investigate the matter and if it is deemed the operator of the vehicle is responsible or should have had systems in place to avoid an infringement of the law, the company could lose its licence to operate such vehicles.

Investigations and decisions are made by way of a Public Inquiry.  These are formal hearings where evidence may be led to address the matter to allow the OTC to reach a decision.  If you are to attend a Public Inquiry, you will be notified by way of a “call up” letter.  The letter will outline the reasons for the hearing, any grounds for calling a hearing and will advise you of any other information or requirements on your part you should present at the Public Inquiry.  This is a civil hearing and legal representation is highly recommended.  Our experienced OTC solicitors are skilled advocates who are highly adept at fighting your corner.

The OTC can make any of the following decisions:

• refuse to grant or vary a licence
• attach conditions to a licence or limit a licence requested
• revoke or suspend a licence
• disqualify an individual, operator or company from having a licence
• May impose financial penalties on registered bus service operators
• disqualify transport managers

A decision will be given either at the hearing or in writing within 28 days of the Public Inquiry. Any decision made by the OTC can be appealed to the Upper Tribunal Administrative Appeals Chamber within one month of the written decision.  You are entitled to legal representation at the appeal.

If the OTC is taking action against you, has refused a licence or you wish to appeal a decision, don’t delay in contacting us now!