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DRIVERS' PENALTIES
Remember ICs act against drivers too...
Every HGV driver can be subject to disciplinary action initiated by a Traffic Commissioner, who acts on behalf of the Transport Secretary.
The TC will be made aware of convictions incurred by HGV drivers because they have to be reported by the driver's employers, the courts, or the police. Drivers' activities which could affect their fitness to hold an HGV licence may also be reported to the TC by the Vehicle Inspectorate, the police or even members of the public who have been subjected to a licence holder's bad driving.
The TC has to investigate the allegations, the evidence, the con victions and the background for those convictions before deciding whether to take action against the vocational licence.
This action can take place at any time: it can take the form of suspension revocation because of misconduct or because of a physical disability.
The TC can disqualify the holder of an HGV licence until another HGV driving test has been passed—and he can take or into account the licence holder's activities when he is driving abroad.
This is not merely a theoretical threat; the Dutch police are already notifying the DVLA at Swansea of convictions incurred by UK drivers in Holland. This information can be relayed to the TC, who can consider action against the truck's operator as well as the driver.
Drivers have the right of appeal to a magistrates court against such a revocation, but pending such an appeal, the revocation remains in force. So even if the appeal is successful, the driver could be without his licence for weeks or even months, which could cost him his job.
The government is believed to give guidelines to TCs on what disciplinary action should be taken against vocational licence holders. Each case is determined on its merits; the guidelines are designed to help the TC decide if the driver is fit to hold a vocational licence. But these guidelines do not have to be followed rigidly—the TC could impose heavier penalties than the guidelines suggest.