Importance of an Operator’s Licence
An Operator’s Licence must be obtained by the “user” of the vehicle for all the vehicles they intend to “use”.
Operator Licensing requires that in the case of restricted licences, applicants are fit and proper persons that are of appropriate financial standing.
For standard licences, national and international and also for national transport operations, Applicants must be of good repute, of appropriate financial standing, be professionally competent and employ a person who is also professionally competent.
How we Help with Gaining your Operators Licence
Before granting an Operator’s Licence, the Applicant must be of “good repute”. We can advise upon past record and convictions and rehabilitation. The position of a Company and Individuals convicted of offences may also require careful consideration before applying.
Traffic Commissioners do not look solely at convictions and circumstances surrounding particular offences but will also look at conduct involved. We can also advise on issues such as “fronting” and how the Traffic Commissioner treats hiring and lending of the licence.
Adherence to financial standing is a mandatory requirement and we can also advise on levels of finance required and how holders of Operator’s Licences can satisfy the Traffic Commissioner upon financial standing. It is fundamental that the Operator has funds to demonstrate that it is of appropriate financial standing, rather than financial resources being elsewhere. The burden of satisfying financial standing remains upon the Operator and we can advise and assist to how financial standing might be met where the Office of the Traffic Commissioner may have raised concerns.
We can also advise on how a designated Transport Manager must meet the requirements of Operator Licensing, giving “continuous and effective responsibility” for the management of the operations of the business that relate to carriage of goods. We can advise upon the issues of good repute and professional competence of a Transport Manager and deal with any representations to the Office of the Traffic Commissioner where the Traffic Commissioner may have concerns over the repute or competence of a Transport Manager.
Operator Licence Exemptions
Some vehicles are exempt from an Operator’s Licence and we can also advise upon vehicle exemptions. We can assist with the application for the Operator’s Licence, or if the Operator wishes to change the type of vehicle or change of a Transport Manager or the addition of a new Operating Centre. We can also advise upon the surrender of the licence and provide legal representation at an Operator Licensing Public Inquiry. We represent at both environmental and disciplinary Public Inquiries.
For further information on Operator Licensing contact our Specialist Road Transport Law Solicitors on 0115 910 6218 or email email@example.com.
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Head of Transport Law
Posted 27 January 2020
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Posted 27 January 2020
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
Posted 4 February 2020
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Posted 4 February 2020
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Chris Powell is an associate solicitor at Rotheras, specialising in road transport law and motorist defence. He advises and represents haulage and PSV operator licence holders and drivers on all road transport regulatory matters.
Joanne Derbyshire is a Trainee Solicitor currently in the Transport department.
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.
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