Driver Conduct Hearings
Driver Conduct Hearings
As a professional HGV or PSV driver, your professional drivers licence is regulated by the Traffic Commissioner. If the Commissioner has concerns over your conduct, they may call you to a driver conduct hearing. At that hearing the Commissioner will ask you about the allegations, and may choose to take action against your licence. This can include revoking it, suspending it, or issuing a formal warning. Our transport advocates have years of experience representing drivers at conduct hearings across the UK.
We offer free initial consultations and fixed fees.
Reasons to be Called to a Driver Conduct Hearing
A driver may be called to a driver conduct hearing for a wide range of reasons, for example:
- A period of driving disqualification has come to an end and you want your class 1 and 2 entitlements back
- Tachograph offences have taken place
- You have incurred motoring points or convictions either at work or in your private car, for example:
- Drink driving
- Using a mobile phone
- Failing to provide driver details
- You are applying for a new licence but have serious criminal convictions on your record
The conduct requirements for PCV licence holders are even stricter.
For this reason, many drivers choose to be represented at their hearing by a transport solicitor. A court hearing can be a stressful experience, particularly if you are not used to speaking in public. We will help you to present your case and explain the full circumstances to the Commissioner. We will also advise you what action you can take prior to the hearing to give you the best chance of a successful outcome.
Penalties arising from a Driver Conduct Hearing
In deciding whether you meet the test of “fitness” to hold a licence, Traffic Commissioners will have regard to the Senior Traffic Commissioner’s Statutory Guidance Documents. Penalties can range from a formal warning through to a suspension or revocation of your licence.
In some cases, a driver conduct hearing will take place after a conviction in the criminal courts. This is commonly the case for tachograph and motoring offences. In these cases, our transport solicitors can represent you at both a driver conduct hearing and at the Magistrates or Crown Court.
At other times, a driver conduct hearing may be combined with a Public Inquiry for your employer . Understandably this can be very stressful. Legal representation is essential in these circumstances.
Our motoring defence team can also assist you with any of the following:
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“Our experienced and specialist team represent clients nationally on a day-to-day basis”
Head of Transport Law
Transport Manager Keeps Good Repute at Traffic Commissioner’s Public InquiryTraffic Commissioner’s Public Inquiry Eastbourne January 2021 We were instructed by a Transport Manager called to a Public Inquiry by the Traffic Commissioner. The Transport Manager had been an external Transport Manager on an operators’ licence held by a single vehicle bus company. Despite being granted a licence, the business had not in fact started […]Posted on 17th February 2021
Transport business allowed to continue despite undeclared change of entity from partnership to limited companyTraffic Commissioner Public Inquiry – January 2021 – Leeds Rotheras were approached by a transport business which had been called to a virtual Public Inquiry hearing by the Traffic Commissioner. This was a late notice instruction but nevertheless, transport solicitor Chris Powell was able to take the case on an urgent basis. With a matter […]Posted on 17th February 2021
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
Dear Sally, I can’t thank you enough for today! You took the pressure off me and I felt so looked after and understood everything that was happening. Thank you so much!
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Natalie is an Employment Law specialist with over 10 years’ experience representing both businesses and individuals across a range of employment services including settlement agreements, discrimination, dismissals and redundancy.
Chris Powell is a senior associate solicitor at Rotheras, specialising in road transport law and motorist defence. He advises and represents haulage and PSV operator licence holders, Transport Managers and drivers on all road transport regulatory matters.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Billy advises businesses on a range of commercial and corporate issues and is happy to assist you with buying or selling businesses, corporate mergers and shareholder agreements
Georgina Power is a Paralegal in Rotheras’ Transport team and is based at our Lace Market office in Nottingham city centre.
Lindsey is a Paralegal based in our transport and motorist offence department.