If you are operating a company using Heavy Goods Vehicles (HGVs) and Public Service Vehicles (PSVs), ie. buses and coaches, you will have a licence from the Office of the Traffic Commissioner (OTC).
The OTC’s responsibilities are specified as including:
- the licensing of the operators of Heavy Goods Vehicles (HGVs) and of buses and coaches known as Public Service Vehicles (PSVs)
- the registration of local bus services
- granting vocational licences and taking action against drivers of HGVs and PSVs
- dealing with appeals against decisions by Scottish local authorities on taxi fares
- dealing with appeals against charging and removing improperly parked vehicles in Edinburgh and Glasgow
What this means for individuals and companies who operate HGVs and PSVs is that much attention has to be paid to the legal requirements of driving or putting vehicles on our roads and those obligations must be fully realised and provided for within your organisation.
Where Road Traffic Offences occur on a road or public place, eg. Tachograph offences, carrying dangerous loads, Dangerous Driving of HGVs, Careless Driving, Construction and Use offences, etc., the driver of the vehicle will be prosecuted in the normal manner. It is also possible to prosecute an operator for certain Road Traffic LAW infringements.
In addition, the Office of the Traffic Commissioner has the power to investigate the matter and if it is deemed the operator of the vehicle is responsible or should have had systems in place to avoid an infringement of the law, the company could lose its licence to operate such vehicles.
Investigations and decisions are made by way of a Public Inquiry. These are formal hearings where evidence may be led to address the matter to allow the OTC to reach a decision. If you are to attend a Public Inquiry, you will be notified by way of a “call up” letter. The letter will outline the reasons for the hearing, any grounds for calling a hearing and will advise you of any other information or requirements on your part you should present at the Public Inquiry. This is a civil hearing and legal representation is highly recommended. Our experienced OTC solicitors are skilled advocates who are highly adept at fighting your corner.
The OTC can make any of the following decisions:
- refuse to grant or vary a licence
- attach conditions to a licence or limit a licence requested
- revoke or suspend a licence
- disqualify an individual, operator or company from having a licence
- May impose financial penalties on registered bus service operators
- disqualify transport managers
A decision will be given either at the hearing or in writing within 28 days of the Public Inquiry. Any decision made by the OTC can be appealed to the Upper Tribunal Administrative Appeals Chamber within one month of the written decision. You are entitled to legal representation at the appeal.
The OTC will make a decision taking into account certain factors. It is imperative to ensure that you fully understand your legal obligations and have appropriate systems in place to ensure compliance as much as possible. Our solicitors will advise and represent you on every aspect of your case and general legal obligations as a holder or applicant of a licence issued by the OTC.
If you are aware that you are under investigation by the OTC, are having trouble getting a licence or have had your licence revoked, we strongly recommend that you contact our expert OTC solicitors without delay. We appreciate that every day without a licence is a day of lost business and our Lawyers will seek a successful outcome in the shorted time frame possible to get your business back on track.
Contact us for free, no obligation, initial advice on any matter relating to the Office of the Traffic Commissioner for Scotland and a solicitor from our award-winning Road Traffic legal team will be happy to talk with you.
Call our Office of the Traffic Commissioner Lawyers Glasgow, Hamilton, Paisley, Lanark & Dumfries Today
If the Office of the Traffic Commissioner is taking action against you, has refused a licence or you wish to appeal a decision, don’t delay in contacting us now! We cover all areas of Scotland including Glasgow, Hamilton, Lanark, Lanarkshire, Strathclyde, Edinburgh, Inverness, Bearsden, Bothwell, Uddingston, Stirling, Milngavie & Dumfries.
Call our expert Road Traffic Defence Team in Glasgow on 0141 374 2121 and Hamilton today on 01698 283 265 or fill out our online form and we will call you back as soon as possible. You can even send us a direct message via facebook Scullion LAW Road Traffic Experts.
Please remember that Scullion LAW Road Traffic Experts is part of a full service, high street law firm and we are on hand to help you with all your legal needs.