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 transportlaw@rotheras.co.uk.

“Our experienced and specialist team represent clients nationally on a day-to-day basis”

Anton Balkitis
Head of Transport Law