Statutory guidance

Traffic commissioners: the principles of decision making and the concept of proportionality

Sets out how commissioners approach the legislative requirements and when the potential impact of any regulatory action might be relevant.

From:
Traffic Commissioners for Great Britain
Published
7 May 2019
Last updated
139 MarchJanuary 20232024 — See all updates

Documents

Statutory document no. 10: the principles of decision making and the concept of proportionality

PDF, 577630 KB, 5051 pages

Statutory document 1010: – principles of decision making & the concept of proportionality

HTML

Details

The Senior Traffic Commissioner for Great Britain issues guidance and directions under section 4C(1) of the Public Passenger Vehicles Act 1981 (as amended).

This guidance explains how the Senior Traffic Commissioner believes that traffic commissioners should interpret the law in relation to the principles of decision making and the concept of proportionality.

The directions are addressed to the traffic commissioners in respect of the approach to be taken by staff acting on behalf of individual traffic commissioners. They dictate the operation of delegated functions in relation to the principles of decision making and the concept of proportionality.

This document replaces the previous version dated January2017.

Published 7 May 2019
Last updated 139 MarchJanuary 20232024 + show all updates

  1. Update to case law following publication of the Upper Tribunal 2023 Digest.

  2. Document updated to reminder operators and transport managers of the regulatory regime that they enter into when applying for a licence and the approach traffic commissioners will take when considering regulatory action

  3. Publication of consultation draft to incorporate changes bought about by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 - https://www.gov.uk/government/consultations/senior-traffic-commissioners-statutory-documents-2022-revisions

  4. Clarification of Statutory Document status to assist document users

  5. Citation of key case law on civil standard of proof

  6. Explanation of TC curtailment powers and the need for case notes when an operator is subject to a permanent curtailment

  7. Updates to driver actions for case workers and positive features for regulatory action.

  8. Reflecting legal updates.

  9. Adding HTML version for accessibility purposes.

  10. Document updated.