The Senior Traffic Commissioner has issued guidance to operators in respect of various licensing obligations which may be impacted in the short term.

FINANCIAL STANDING

A traffic commissioner would normally require tangible evidence to show that financial standing can be met in the future but, given the exceptional and short-term circumstances of the COVID-19 pandemic, the Senior Traffic Commissioner has directed that a traffic commissioner can rely on a previous satisfactory financial check within the last 12 months, as evidence to support the granting of a Period of Grace.

The Traffic Commissioners can also accept copies of documents sent electronically during this period.

The period of grace for operators is intended to last for a maximum of 6 months.

PROFESSIONAL COMPETENCE

There is a requirement for at least one person with a genuine link to the operator to act in the role as Transport Manager and that person must hold a Certificate of Professional Competence.

Again, due to the exceptional circumstances, if an operator cannot satisfy this requirement a period of grace of a maximum of 6 months can be granted.

PREMISES

Under Articles 3 and 5 of Regulation (EC) 1071/2009 a PSV business is required to have a ‘stable and effective’ establishment in the member state where it is registered.

The address stated on the licence will be the place where its “core” business documents are kept, as well as the place its vehicles are kept. An operating centre must be specified on a licence and criminal proceedings may result from use of another place without authority. There could be a situation where an operator may temporarily lose access to their designated operating centre(s) during the pandemic, and the traffic commissioner will allow a period of grace of up to 6 months where an alternative operating centre can be used.

Please note, a period of grace cannot be automatically assumed to apply, and operators must always apply to the Office for Traffic Commissioners if one is required.