Driver conduct hearings - What you need to know

If you are a professional driver, or currently applying for an LGV or PCV licence, there is a chance you could find yourself being called for a Driver Conduct Hearing. This means you will be assessed by the Traffic Commissioner to determine whether you are fit to hold a professional licence.

 

Your licence can be vital for your job and losing it could have a significant impact on you and your dependents. For this reason, it is highly recommended that you seek legal advice as soon as possible before the hearing.

 

Could I be called for a Driver Conduct Hearing?

 

There are various reasons why you may be called for a Driver Conduct Hearing. These include being convicted of a motoring offence such as;

 

  • use of a mobile phone or other electronic device
  • drivers’ hours infringements
  • tachograph offences - the traffic commissioners always consider it a serious offence when drivers make a deliberate false record
  • you might have received penalty points for speeding.

 

If you are applying for a vocational licence and have nine or more penalty points endorsed on your driving licence, the most recent points having been endorsed within the last two years from the date of application, you will usually be required to attend a hearing to give the Traffic Commissioner the opportunity to assess you.

 

What happens at a Driver Conduct Hearing?

 

Hearings are usually held in public, except in cases where the Traffic Commissioner feels that the matter ought to be heard in private in order to ensure a fair hearing.

 

The Traffic Commissioner will generally ask questions about the relevant conduct and will need to hear fully from you, or your advocate, the reasons for the matters raised. This will give you the opportunity to satisfy the Traffic Commissioner that you are fit to hold a professional licence.

 

Penalties

 

The Traffic Commissioner will examine your conduct to determine whether you continue to meet the test of “fitness” and if action is to be taken against you.

 

Penalties can range from a formal warning up to a suspension or revocation of the professional licence, so it is important that you are properly represented and the Traffic Commissioner is appraised of all of the facts of your case.

 

If a written warning is issued, it will set out any additional requirements and standards expected of you and any potential implications for an operator’s licence held by your employer.

 

If you have been called to a Drivers Conduct Hearing and need representation, AMD Solicitors can help. Please do not hesitate to contact our experienced Bristol solicitors on 0117 962 1205 or fill out a contact form.

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