N O EE There's so much happening in the business TN OW
Page 27
If you've noticed an error in this article please click here to report it so we can fix it.
world that it's a good idea for hauliers to • Applicants for standard Operator's Licences to undertake haulage work for hire or reward must satisfy the Traffic Commissioner (TC) that they are of good repute, and they must remain so throughout the duration of any licence granted.
Own-account operators seeking restricted 0-licences must satisfy the TC that they are not unfit to hold such licences.
Individuals are not of good repute if they, their servants or agents have been convicted of more than one serious offence, or been repeatedly convicted for offences relating to road transport and the roadworthiness of goods vehicles, during the preceding five years (excluding convictions which are spent), after which individuals may regain their good repute.
In the case of partnership applications for 0-licences, if one partner is not of good repute, the TC must conclude that the partnership firm is also not of good repute and refuse to grant a licence.
A limited liability company may not be of good repute if it, or its officers, servants or agents, have relevant convictions for serious or repeated offences.
Licence holders shown to be no longer of good repute, or who become unfit, will lose their licences—the TC has powers of revocation in these circumstances.
TCs will not necessarily refuse to grant a licence to applicants who have previous convictions, unless these are for serious or repeated offences. But they will consider the number and seriousness of the offences which led to the convictions before making a decision. They may, for example, issue a short-term licence to see if applicants have mended their ways, or permit fewer vehicles than requested.
If, during the currency of an 0-licence, holders are convicted of offences related to goods vehicle operations, the TC may call them to a public inquiry to determine their repute, good or otherwise, and whether they should be allowed to continue holding an 0-licence.
Offences which damage an operator's good repute are specified in the Goods Vehicles (Licensing of Operators) Act 1995, and include those relating to: • unlawful use of vehicles; • unroadworthiness of vehicles, maintenance and maintenance records; • plating and testing; • speed limits; • weight limits, safe loading and overloading of vehicles; • licensing of drivers; • drivers' hours, records and tachographs; • certain traffic offences; • illegal use of rebated fuel oil; • forgery; • international road haulage permits.
Applicants for standard international 0licences must also notify the TC of foreign convictions incurred outside the UK which are on a par with UK convictions for the offences listed above.
Convictions for vehicle excise licensing offences often feature in TCs' consideration of 0-licence applicants' good repute, and licences have been either refused or penalised on these grounds.
SERIOUS OFFENCES A serious offence by an individual, a company or its management, is one involving, on conviction:
• a sentence of more than three months' imprisonment; • a Community Service Order of more than 6o hours; • a fine exceeding level four on the standard scale (currentlyi2,5oo).
If committed abroad, the seriousness of a relevant offence would be determined by assessing the punishment according to UK standards.
SPENT CONVICTIONS Spent convictions do not have to be declared because they were incurred sufficiently long ago to be considered legally invalid for determining a person's past record. Under the Rehabilitation of Offenders Act 1974, a person fined following conviction need not disclose that conviction after five years (or twoand-a half years if aged under 17 at the time), or if a prison sentence of six months or less was imposed after seven years (or three-anda-half years if aged under 17 at the time).
Where a conviction resulted in a prison sentence of between six months and twoand-a-half years, the rehabilitation period is io years, or five years if the individual was aged under 17 at the time.
TRANSPORT MANAGERS' RIGHTS To protect transport managers' rights, TCs are not permitted to examine and rule on their good repute unless the individual has been notified at least 28 days in advance and has had an opportunity to make personal representation, at a public inquiry if necessary, and be represented by a solicitor.
TOUGHER STANDARDS TO COME More stringent good repute standards are likely when revised EU legislation comes into effect. In particular, conviction for a single serious offence, including those of a commercial nature, together with offences relating to pay and employment conditions, protection of the environment and professional liability, will enable the TC to rule against a licence applicant.
• by David Lowe