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Doub e trouble 1

9th February 2006
Page 34
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Page 34, 9th February 2006 — Doub e trouble 1
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Which of the following most accurately describes the problem?

Drivers fined in court may still have to face the wrath of the TC. How

should they prepare? Transport laver Gary Hodgson reports.

Adriver who commits an offence and is prosecuted and lined may believe he has received enough punishment. But Traffic Commissioners have the right to 'punish' drivers a second time for the same crime and take action against their licence. TCs must decide whether convicted drivers are fit to hold a vocational licence.

What does the TC take into account?

The Traffic Commissioner will take into account the driver's conduct "as a driver of a motor vehicle and,if he is a PCV licence holder, in any other respect". PCV drivers may. for example, be drivers of school buses so sexual offences could be relevant.The driver's personal circumstances are rarely taken into account since theTC will believe that a criminal court would have considered these when deciding the level of penalty.

Why is the TC's decision not deemed to be a punishment?

The court system involves punishment for the crime committed.The TC is not concerned with punishing drivers but has to ascertain whether the driver is lit to hold or obtain a vocational licence. A vocational licence must be revoked or suspended if the TC feels that the driver's conduct makes him unlit to hold one.

This approach could cause further financial hardship to the driver and his family in the event of a revocation or suspension of the LCiV licence.The implications could be much worse than the initial penalty.

What happens after a court conviction?

Vosa receives information from the DVLA. police, Trading Standards. Environment

Agency and I I ealth & Safety Executive about offences committed by. or convictions and disqualifications received by. LCIV or PCV holders. Vosa makes recommendations to the Traffic Commissioner, who decides whether action should be taken.

What happens at the hearing?

Drivers will usually be invited to attend a hearing before the TC along with other drivers. TheTC will advise the drivers of his powers and the driving standards that are expected from a professional driver. Each driver will be invited to respond to the information set out in the calling-in letter.The discussion with theTC will be in a public forum but drivers have the right to have their case dealt with privately at an in-chambers hearing.

Will drivers get a fair deal?

TheTCs have agreed guidelines on action to he taken. They retain their individual discretion and should consider each driver's case on its own merits.

The guidelines enable TCs throughout the country to be consistent in terms of their decisions. They act as a starting point but the TC has full discretion to go beyond the guidance levels.

How should drivers prepare?

Drivers should be represented by a transport lawyer.The granting or retention of a vocational licence is fundamental to securing and keeping employment. There is a lot at stake. And while the decision not to grant the licence or to suspend or revoke an entitlement can have catastrophic consequences for a driver and his family, the TC kliot obliged to take this into consideration.

Protecting drivers

Drivers and employers should ensure: • There is full awa re' Jess of the various rules, regulations and legislation affecting a professional driver • Regular training, which is soon to be obligatory, is undertaken

Tags

Organisations: Environment Agency, UN Court
People: Gary Hodgson

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