OPERATOR PENALTIES
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• Goods vehicle operator licensing is controlled by the TC. It is the TC's job to police the industry to ensure that adequate standards are being maintained and road safety is not being jeopardised.
The TC can revoke, suspend or curtail a licence and he can disqualify companies or individuals from holding 0-licences.
The TC is obliged to revoke an 0-licence if the holder no longer fulfils the requirements on good repute, financial standing or professional competency; or, in the case of a restricted licence, if the licensee is no longer fit to hold the licence. In general the TC will only use these powers following a public inquiry. In some cases he will indicate that he intends to consider revocation, giving the operator the chance to request a public inquiry. If no such request is made the TC may revoke the licence without holding a public inquiry.
When the TC has heard all the evidence at a public inquiry he can revoke a licence and—if he revokes a licence he can also impose a disqualification. If he suspends the licence, or part of the licence, he can also rule that those vehicles which are suspended may not be used by any other operator. This means the vehicles cannot even be hired to another operator during the suspension period.
In effect the TC has far more power than a magistrates court in this area because the operator cannot even sell the suspended vehicles: no one will buy them if they cannot be used.
The TC can also curtail an 0-licence by permanently reducing the number of vehicles that can be operated under its authority.
This can be done if the operator breaches any condition attached to the licence. Common offences in this area include failing to notify convictions to the Traffic Area within 28 days and breaking environmental conditions.