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The LRB will take account of the type of conviction
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and its seriousness—which equates to the size of the penalty as well as the nature of the offence, Failure to notify convictions is treated particularly seriously by the TCs because the 0-licensing system is self-regulatory. That means it depends on operators reporting convictions and other relevant issues to the Traffic Area Office.
With this in mind, all 0-licences are issued subject to a condition that the operator will report convictions within 28 days. Failure to include convictions in application forms can also result in disciplinary action.
Be warned: the Transport Tribunal has held that a single failure to report a conviction is enough to justify refusal of a new licence or revocation of an existing licence.
The TC is not bound to wait until the operator has appeared before a court, even if he is pleading not guilty. As the TC's role is to protect the public he may decide to call a Public Inquiry before the case is heard by the magistrates or Crown Court.
The guidelines do not lay down hard and fast rules, but the TC is entitled to take into account: • Whether any action is necessary— whatever the finding of a court; • The time delay before the case is heard (and thus the implications for road safety); • The seriousness of the charges and whether the outcome of the Public Inquiry would depend on the result of the legal proceedings.
Statement of intent, expectations and undertakings
Every 0-licence applicant is required to make certain promises. They are printed on the back of the application form and the would-be operator has to sign the form to confirm that he will keep these promises, and any other undertakings made on the form coveting areas such as maintenance arrangements and access to the approved operating centre.
Failure to comply with any of these undertakings could be taken as evidence of failings in road safety, fair trading or environmental considerations. This might initially be dealt with by a warning letter without resorting to a Public Inquiry. The guidelines indicate that these points must be taken into account by the LRB.
Follow up reading
• CM io-16 January: Everything you always wanted to know about the Transport Tribunal.
• CM 17-23 January: Feature includes advice on how to avoid problems with the TC.
• CM 7-13 and 14-20 February: Two-part feature on Public Inquires, including advice on preparing for the big day.