Traffic Commissioners play a pivotal role in the licensing, regulation and enforcement of standards for vehicles, buses, coaches and professional drivers. In doing so, they contribute significantly to ensuring public safety, fair competition, and the efficient use of road networks.

As such, understanding the scope of their statutory functions - from imposing traffic regulation conditions to conducting public inquiry proceedings - is essential for operators and drivers striving for excellence and compliance in the transport sector.

In this guide, we will explore the role and responsibilities of Traffic Commissioners and deputy Traffic Commissioners, highlight their vital role in regulating heavy goods vehicles, local bus services and public service vehicles across various traffic areas, and explain what businesses and operators need to do to make sure they are complying with the regulations that Traffic Commissioners enforce.

What is a Traffic Commissioner?

Appointed by the Transport Secretary, Traffic Commissioners play a vital role in overseeing the transport industry in the UK. This position was established to maintain and enhance road safety and ensure fair competition and is central to the regulation of commercial road transport. Since the establishment of Traffic Commissioners for Great Britain in 1930, the role has evolved to reflect the increasing complexities of road transport, including traffic congestion and environmental concerns.

The UK’s network of Traffic Commissioners is strategically structured, with each commissioner assigned to a specific geographic area, known as a traffic area. There are eight Traffic Commissioners:

• Richard Turfitt, Senior Traffic Commissioner & East of England Traffic Commissioner
• Tim Blackmore OBE, North East Traffic Commissioner
• North West Traffic Commissioner (currently vacant)
• Sarah Bell, London and the South East Traffic Commissioner
• Miles Dorrington, West Midlands Traffic Commissioner
• Kevin Rooney, West of England Traffic Commissioner
• Scotland Traffic Commissioner (currently vacant)
• Victoria Davies, Wales Traffic Commissioner

The Traffic Commissioners are supported in their role by a number of deputy Traffic Commissioners.

The regional division of the Traffic Commissioner functions helps to ensure that the unique transport challenges and needs of each area are addressed effectively. Traffic Commissioners work closely with local authorities, trade organisations and road users to develop and enforce policies that promote safe, efficient and environmentally responsible transport practices.

The structure of the office not only facilitates regionalised oversight, but also ensures that national standards are consistently applied across the country. A designated senior Traffic Commissioner provides guidance and leadership for the institution as a whole and ensures that the collective efforts of Traffic Commissioners align with broader transport objectives and legal frameworks.

Through this structured yet flexible approach, Traffic Commissioners are able to adapt to the dynamic needs of the transport industry, shaping policies, and practices that uphold the integrity and safety of the UK's road transport system.

What are the responsibilities of Traffic Commissioners?

Traffic Commissioners play a multifaceted role in the transport industry, with the goal of ensuring that companies that operate heavy goods vehicles, buses and coaches adhere to high standards. Their responsibilities include:

• Licensing operators: Traffic Commissioners are responsible for issuing, varying, renewing and revoking the operator’s licences necessary for road transport businesses to legally run their services. This ensures that only operators who meet stringent standards for safety and reliability are allowed to function.
• Assessing the impact of HGV parking: the commissioners are responsible for evaluating and ruling on the environmental suitability of operating centres designated as parking locations for HGVs.
• Traffic regulation: Traffic Commissioners impose traffic regulation conditions when necessary, with the aim of preventing danger to road users, or mitigating traffic congestion and pollution.
• Compliance and enforcement: monitoring and enforcing compliance with licence conditions is a key responsibility. This includes ensuring that vehicles meet safety standards, drivers are properly licensed and trained, and operations are conducted in a manner that ensures public safety and fair competition.
• Service registration: Traffic Commissioners oversee the registration of local bus services, ensuring they meet community needs and operate efficiently. This includes assessing the routes, frequencies and the reliability and punctuality of services.
• Conducting public inquiries: when issues of non-compliance or safety concerns arise, Traffic Commissioners ensure public inquiry proceedings are held to address them. The purpose of these inquiries is to thoroughly investigate the practices of operators and transport managers, and they can lead to regulatory action or changes in licence terms.
• Taking regulatory action: in cases of non-compliance, Traffic Commissioners have the authority to take regulatory action against operators and transport managers. This might include imposing fines and restrictions if bus services are not operated in accordance with the registered timetable or revoking, suspending or curtailing operator’s licences to ensure that high standards of operation are maintained, and that safety is not compromised.
• Driver conduct: Traffic Commissioners (acting on behalf of the Secretary of State) deal with holders of, and applicants for, vocational HGV and PCV driving entitlements where concerns about their conduct are raised. This might involve the driver attending a driver conduct hearing before the Traffic Commissioner, while in other cases it could be resolved in writing. The Traffic Commissioners have the power to refuse applications for vocational driving entitlements and to take action through formal warning, suspension or even revocation and disqualification of existing entitlement holders.
• Stakeholder engagement: collaborating with local authorities, trade organisations and passenger groups is crucial. Traffic Commissioners engage with these stakeholders to address concerns related to transport services and road safety, and to ensure that the services provided meet the needs and expectations of the public.

By fulfilling these responsibilities, Traffic Commissioners maintain the integrity and safety of the transport industry, ensuring that operators, transport managers and drivers meet the necessary standards and that services are provided in a manner that is safe, reliable and fair to other compliant operators. Operators, transport managers and drivers must understand and cooperate with the directives and regulations enforced by Traffic Commissioners to ensure the smooth and lawful operation of their transport services.

In what circumstances do businesses have to deal with a Traffic Commissioner?

Businesses in the transport industry may find themselves interacting with Traffic Commissioners under various circumstances that are pivotal to maintaining the legal and operational integrity of their services:

• Initial licensing: when starting operations, businesses must apply for an operator's licence, a process overseen by Traffic Commissioners to ensure all necessary standards and requirements are met.
• Licence renewal or variation: existing licences may need to be renewed or changed due to business evolution. Traffic Commissioners determine these applications to confirm ongoing compliance and suitability.
• Routine compliance checks: Traffic Commissioners receive audits and reports of inspections to ensure that operators continuously meet the conditions of their licences, including vehicle maintenance, driver standards and operational practices.
• Addressing non-compliance at public inquiries: if issues arise regarding compliance, safety or public complaints, businesses may be called to a public inquiry presided over by a Traffic Commissioner. This is a critical platform where operational practices are scrutinised, and future actions are determined.
• Notification of operational changes: businesses are required to inform Traffic Commissioners about significant changes, such as alterations to the business structure, the introduction of new routes for buses, or changes in their operating centres. This ensures that all operations remain transparent and within the regulatory framework.

Engaging with Traffic Commissioners in these scenarios is integral in making sure that businesses in the transport industry operate within the legal framework. Proactive and transparent communication in these circumstances helps businesses navigate the regulatory landscape more smoothly.

What kind of disciplinary actions can Traffic Commissioners take?

Traffic Commissioners possess significant powers to enforce discipline within the transport industry, ensuring operators adhere to the highest standards. Their disciplinary actions are designed to address varying degrees of non-compliance:

• Warnings and formal reprimands: For minor breaches or first-time violations, Traffic Commissioners may issue warnings or formal reprimands. These serve as a caution to operators to amend their practices and adhere strictly to regulatory standards.
• Financial penalties: in cases of non-compliance with registered bus timetables or Bus Open Data Service (BODS) obligations, Traffic Commissioners may impose fines. These penalties act as a deterrent to prevent future infractions.
• Licence suspension or curtailment: in more serious instances, Traffic Commissioners may suspend an operator's licence to temporarily halt their operations or curtail the licence by reducing the number of vehicles the operator is permitted to use. These actions are taken to ensure immediate attention to compliance issues and prevent further breaches.
• Licence revocation: as the most severe form of disciplinary action, Traffic Commissioners can revoke an operator's licence entirely. This step is typically reserved for the most serious breaches of operator’s licence requirements, or for operators who repeatedly fail to comply with the required standards. Revocation means the operator is no longer legally permitted to operate their transport business, which emphasises the importance of maintaining compliance with industry standards. If an operator’s licence is revoked, the Traffic Commissioner is also required to consider whether the business or its directors ought also to be disqualified from holding, or being involved with, an operator’s licence in the future.
• Transport manager disqualification: where the Traffic Commissioner feels that the nominated transport manager has failed in their obligation to ensure that they have effective and continuous management of the transport operations, they must consider whether that transport manager has lost their good repute. If so, this results in a mandatory minimum disqualification period of one year, which can rise to indefinite disqualification. 
• Driver conduct: Traffic Commissioners have the power to take regulatory action against the holders of, or applicants for, a vocational driving entitlement. If a professional driver has convictions or conduct that calls into question his or her fitness to be a professional driver, the Traffic Commissioner can either refuse an application for a vocational driving entitlement or suspend/revoke an entitlement. 

These disciplinary actions highlight the importance of maintaining strict adherence to transport regulations and the role of Traffic Commissioners in safeguarding the integrity and safety of the transport industry. They serve as a reminder to operators of the need for continuous compliance and the potential consequences of failing to meet the required standards.