Applying for an Operator’s Licence
Applying for a new operator’s licence can be a frustrating process. Applicants often find they have to deal with many requests for further information from the Central Licensing Office. A badly handled application can even result in a Public Inquiry hearing with the Traffic Commissioner.
At Rothera Bray, our transport solicitors are experts in all operator licensing matters. We can manage the application process and respond to any requests for information on your behalf.
We understand that some applications are time sensitive. Our team can help you to apply for an urgent interim licence so you can start operating as soon as possible.
Common application problems
There are many reasons an application for a new licence can run into difficulties. These include:
Financial standing problems
You will have to show that you have enough money available to keep your vehicles in good repair. We can advise on the forms of financial evidence that will be accepted.
Failing to declare other licences or previous convictions
The Central Licensing Office will expect you to declare all operator licences you or anyone named in the application has been involved in, along with any relevant previous convictions. If you have failed to declare, they will want to know why.
“Fronting” concerns
The Traffic Commissioner may want assurances that any new application is not a “front” for a disqualified director. Concerns of this kind can often arise from a simple misunderstanding but, unless handled carefully, can lead to a Public Inquiry.
“Main occupation” concerns
If you are applying for a restricted PSV licence, you will have to show that you meet the “main occupation” requirement. We can advise you on this complex area of law and can help you to show that you meet this requirement.
Operating centre “environmental” objections
If you want to apply to use a site to operate goods vehicles you will need to advertise this in a local newspaper. We can help you to respond to any complaints from either the local authority or local residents.
What type of Operator’s Licence do I need?
It can sometimes be difficult to know what type of operator’s licence you need, or whether you in fact need one at all.
Our transport solicitors can advise on whether you fall within an exemption from operator licensing, and if not, what type of licence you should apply for.
There are three types of Operator’s Licence:
- Restricted Operator’s Licence
- Standard Operator’s Licence
- Standing International Operator’s Licence
The application requirements vary depending on whether you are applying for a goods vehicle or PSV licence, and the type of goods or passengers you are carrying.
Public Inquiry Hearings
If the Traffic Commissioner has concerns with your application, you may be called to a Public Inquiry hearing. A Public Inquiry is a type of public regulatory court hearing at which you will be questioned and your application scrutinized. Our advocates are extremely experienced in representing applicants at Public Inquiry hearings.
Public Inquiries – further information
For more information on applying for an Operator’s Licence contact our Road Transport Law Team on 03456 465 465.
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Natalie Abbott
Partner & Head of Employment
Natalie works in our Nottingham office. She is a Partner and 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.
Anton Balkitis
Partner & Head of Transport
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rothera Bray Solicitors.
Olivia Maginn
Barrister & Senior Associate
Olivia Maginn is a transport and motoring law specialist at our Lace Market, Nottingham office.
Georgina Power
Associate Solicitor
Georgina Power is an Associate Solicitor in Rothera Bray’s Transport team and is based at our Lace Market office in Nottingham city centre.
Chelsey Sewell
Managing Paralegal
Chelsey Sewell is a paralegal in Rothera Bray’s transport and motorist offence department and is based at our Nottingham Lace Market office in the city centre.
Rebeca Large-Rodriguez
Paralegal
Rebeca Large-Rodriguez is a Paralegal in Rothera Bray’s Transport and Motorist Offence department and is based at our Lace Market office.
Haulage company keeps operator’s licence despite second Public Inquiry and Transport Manager losing good repute
Traffic Commissioner Public Inquiry – Golborne – December 2020 Chris Powell represented a building materials haulage company at a Public Inquiry in Golborne in the North West Traffic Area in December 2020. The company had been called to a Public Inquiry after a DVSA desk-based assessment had uncovered significant problems with its maintenance arrangements. Additionally, […]Posted on 17th February 2021