LGV and PSV drivers are called to account at driver conduct hearings, held by the Traffic Commissioner, and where suspension or disqualification of their licence can happen.
Hearings are dealt with by the Traffic Commissioner and are similar to a public inquiry. Sometimes the hearings take place at the same time as a public inquiry involving the driver’s employer.
Driver conduct hearings can be heard for the following reasons :
- Court convictions, eg for tachograph, speeding or overloading offences
- Offences alleged by VOSA
- Other conduct which brings a driver’s fitness into question
The purpose of a driver conduct hearing is not to punish a driver but to consider whether the driver is fit to hold a licence. Where the Traffic Commissioner decides that a driver has fallen below the required level of fitness, then the TC is obliged to either suspend or disqualify.
There are published guidelines of levels of suspension and triggers for disqualification. The guidelines are starting points and at the hearing the Traffic Commissioner decides whether there are factors which suggest a more lenient approach or a more serious suspension than the guidelines give as a starting point.
For that reason, the case that you put forward at the hearing is very important. The aim of your case is to persuade the Traffic Commissioner that a more lenient approach is required.
If you’re involved in a driver hearing then get in touch to have a chat about your case.
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