Traffic Commissioners regulate professional drivers and transport operators, ensuring that the highest standards of road safety and compliance are upheld. The commissioner is tasked with a wide array of responsibilities, from issuing licences to operate heavy goods vehicles (HGVs) and passenger service vehicles (PSVs) to overseeing the conduct of professional drivers. One of the key mechanisms through which the Traffic Commissioner maintains these standards is through driver conduct hearings, a process that can have significant implications for those called to attend.

These hearings are not only a means to assess the suitability of a driver to hold a licence, but also serve as a forum to address any concerns related to a driver’s conduct or compliance with transport regulations. Given the potential outcomes of such hearings, which can range from licence suspension to revocation, being well-prepared and knowledgeable about the process is of utmost importance.

This blog post offers insight into the steps involved, what drivers can expect on the day of the hearing, and the possible outcomes. Moreover, we explain what drivers should do if they find themselves needing to attend a hearing.

By understanding the process, preparing thoroughly and seeking expert legal advice, drivers can approach their conduct hearings with confidence, fully aware of what to expect.

Understanding Driver Conduct Hearings

A driver conduct hearing is a formal process where a driver is called to appear before the Traffic Commissioner (or a deputy commissioner) to review their continued fitness to hold a professional driving licence. The primary purpose of these hearings is to assess whether a driver’s behaviour or actions warrant adjustments to their licence status, including suspension or revocation, or deciding not to grant a professional licence that the driver has applied for.

There are several circumstances under which a driver might find themselves called to a conduct hearing, including:

• Road traffic offences, such as driving under the influence of alcohol or drugs, or using a mobile phone
• Accumulation of penalty points on a driving licence
• Non-compliance with drivers’ hours rules and tachograph regulations
• Involvement in a road traffic accident due to negligence
• Allegations and/or convictions that raise safeguarding concerns
• Any behaviour that raises concerns about a driver’s suitability to hold a professional driving licence

The Traffic Commissioner is vested with considerable powers to regulate professional drivers, including the authority to:

• Grant professional driving licences
• Suspend or revoke a driver’s professional licence
• Issue formal warnings
• Impose conditions on a driver’s licence to ensure compliance with specific requirements
• Order retraining as a condition for retaining or regaining a licence

It is essential for drivers called to a hearing to understand the gravity of the process and the impact it can have on their professional standing and livelihood.

Before the Hearing

Upon being called to a hearing, drivers will receive a letter from the Office of the Traffic Commissioner, which outlines the details of the hearing, including the date, time and location, as well as the specific reasons for the hearing. This letter may also request the submission of any relevant documents or evidence the driver wishes to present in their defence.

The letter from the Office of the Traffic Commissioner serves as the official notification of the hearing and provides essential information about the process. It is an important document that requires immediate and careful consideration. The letter not only informs you of the hearing, but also signals the seriousness of the matters at hand and the potential implications for your professional driving licence. Read this letter carefully and note any deadlines for the submission of evidence or other documentation.

To prepare for your hearing, gather any evidence that may support your case, such as:

• Records of professional driving training or qualifications.
• Evidence of compliance with regulations, such as tachograph data.
• Testimonials or references from employers or colleagues.
• Any mitigating circumstances that may explain or justify the conduct in question.

We would highly recommend reading the Senior Traffic Commissioner Statutory Document No 6 on Vocational Driver Conduct. This guidance refers to starting points for Traffic Commissioners taking action against professional drivers, and can give you a steer on how your case is likely to be approached by the presiding Commissioner.

In addition to preparing your evidence, seeking legal advice is highly advisable. A solicitor specialising in motoring offences and driver conduct hearings can provide valuable guidance on how to prepare your case, the types of evidence that will be most effective, and how to present your arguments during the hearing. JMW offers expertise in this area, providing drivers with the support and representation they need to navigate the hearing process effectively.

At the Hearing

Driver conduct hearings are typically held at the Office of the Traffic Commissioner in the region where the driver operates or resides. The environment is designed to facilitate a fair review of the facts and circumstances surrounding the case at hand.

The hearing will be presided over by the Traffic Commissioner or a deputy Traffic Commissioner, who will make the final decision on the matter. Additionally, a driver can expect the following individuals to be present:

• A legal representative from the driver's side, if one has been appointed, or if they have employed one privately.
• A representative from the driver's employer, in some cases.
• Any witnesses or other parties who may have relevant information or evidence to present.

The number of people in attendance varies, but the atmosphere is typically focused and professional, with each party given the opportunity to present their case.

The format of the hearing usually follows a structured approach:

1. Opening statements: the Traffic Commissioner will open the proceedings and outline the reasons for the hearing.
2. Presentation of evidence: the driver or their legal representative will present evidence and arguments in support of their case. This may include documentation, verbal testimony, or both.
3. Questioning: the Traffic Commissioner may ask questions to clarify the information presented, or to probe further into specific areas of concern.
4. Closing statements: both the driver and the Traffic Commissioner will have the opportunity to make final statements before the hearing concludes.

Having legal representation at the hearing can help with advice on the best evidence to present, and a solicitor can represent you during the hearing itself, articulating your arguments effectively and responding to legal issues that arise.

Possible Outcomes of the Hearing

The Traffic Commissioner's decision is based on the evidence presented and aims to uphold the standards of the transport industry while ensuring public safety. They have several options at their disposal when making a decision following a conduct hearing. These include:

• No action: in cases where the evidence supports the driver's suitability to continue holding a professional driving licence without any further action.
• Warning: the commissioner may issue a warning about future conduct, indicating that while the driver can retain their licence, any further infractions could lead to more severe consequences.
• Suspension of licence: the licence may be suspended for a set period, requiring the driver to demonstrate improved conduct or compliance before returning to professional driving.
• Revocation of licence: in serious cases, the Traffic Commissioner may revoke the driver's licence, effectively barring them from professional driving for a specified period or indefinitely.
• Conditions: the commissioner might impose conditions on the driver’s licence, such as undergoing additional training or specific restrictions related to their professional driving activities.

The outcome of the hearing can affect not just the immediate ability to work as a professional driver, but also their future career in the transport industry. Suspension or revocation of a licence can have profound implications for employment and income, while a warning or conditions may require adjustments to how one operates on a day-to-day basis.

For the year ending March 2023, the Traffic Commissioners’ annual report provides that there were just over 2,700 hearings involving drivers who either were applying for a professional driving licence or were facing regulatory action against their professional driving licence. In over half of those hearings, drivers faced action ranging from warnings through to revocation of their professional driving licences. The Traffic Commissioners also refused a further 4,554 applicants from applying for their professional driving licence.

After the Hearing

The Traffic Commissioner may provide an immediate decision at the conclusion of the hearing, or send a written decision afterwards. Should the decision not be in the driver's favour, there are options for appeal which must be made within a specific timeframe. Your solicitor will advise you on whether you have grounds to make an appeal and its chances of success.

Regardless of the decision, it is important to take steps to comply with any conditions or requirements set by the Traffic Commissioner. This may involve attending training courses, adjusting work practices, or taking steps to reapply for a professional driving licence if it has been revoked.