DfT reviews the functions of the Office of the Traffic Commissioner – key points for operators

24 May 2023

The DfT has recently published a review of the function of the Traffic Commissioner, after a consultation process considering views from across the transport industry. The purpose of the review is to provide ‘robust assessment, challenge and assurance on the health and effectiveness of the Traffic Commissioner (TC) function’. The review looks at whether the functions it delivers are still needed, should continue to be carried out by TCs, and whether the setup of the TC function allows them to be delivered successfully. The report makes a number of recommendations which have timescales ranging from short to longer term.  

In terms of reforms most likely to directly affect operators, recommendations 4 and 10c are of particular significance. Recommendation 4 relates to the suggested change that the OTC becomes more akin to a centralised tribunal system, meaning that costs orders would be permitted. This would be a significant change to the running of public inquiries and preliminary hearings, allowing traffic commissioners to make orders for costs against operators. Recommendation 10c proposes that the TC function should be fully funded through the fees it charges for the services provided, which is likely to result in a significant change to the current fee structure for operator’s licences.  

Staying up to date with the changing landscape in relation to regulation and compliance can be a struggle when balancing the everyday demands of a business as well. Backhouse Jones can provide expert guidance on everything relating to your operator’s licence from application issues to full support and representation at a public inquiry. For more information on Backhouse Jones’ team of expert road transport solicitors click here, call 01254 828 300, or email regulatory@backhouses.co.uk.