An operator’s licence (O-licence) is a legal document which is required to operate a goods vehicle that weighs more than 3.5 tonnes. It can then be used for carrying goods as part of a trade for business & transporting goods on public roads. The O-licence is very important for companies and Individuals who use goods vehicles exceeding 3.5 tonnes when transporting goods for hire or reward as without an O-licence you could face significant fines and potential legal repercussions.
Operator licence can be hard to manage, that is why it is important to have effective systems and control measures in place. Fleet Fixation’s Fleet Maintenance Management Software is perfect for manging for maintenance records.
There are three different types of operator’s licence. Restricted, standard national and standard international the licence you need depends on where you transport goods to and form and who you do it for. Each O-licence application will be reviewed by the Traffic Commissioner who will decide whether to approve the application or not. To start a restricted licence, this licence allows you to carry your own goods but not other people’s. On this licence you can transport your goods within the UK and the EU. Next, you have the standard national. This licence will allow you to carry your own goods and other company’s goods for hire and reward. However, this is solely within the UK. Lastly, the standard international licence. This licence will allow you to carry you own goods and other people’s goods for hire and reward, in the UK and on international journeys. For all three of the O-licence you must pay a continuation fee every five years, this is to maintain validity of your licence with the Traffic Commissioner. Not paying this fee can result in significant charges and potentially legal repercussions. You must also confirm that the details are still valid and correct when paying the continuation fee. To have help applying for an application avail of Fleet Fixation’s operators licence application consultant service.
Since 2022 the application process or making major changes to an existing O-licence have gone digitally, you must also provide all relevant information required and a non-refundable fee to cover the cost of processing the application. The relevant requirements you would need to produce for both restricted and standard O-licence are an Advertisement. Where you must advertise in at least one local newspaper 21 days before the date on which the application is made and ends 21 days after said date. The next requirement is Financial Standing. This is to ensure you have sufficient finances to safely maintain the vehicles you seek to operate, you could show this with one of the following, via bank statement, statements of assets or the most recent audited accounts. However, the financial requirements for each O-licence are different. For the Restricted licence you must have £3,100 for your first vehicle and £1,700 per vehicle after. The financial rate for both standard O-licence is £8,000 for the first vehicle and £4,450 for each vehicle following. The next requirement you would need to meet is Maintenance. This is where you need to show you have appropriate maintenance arrangements for the number of vehicles you’re seeking to operate. If the maintenance cannot be done in house a contract or agreement with a third-party agency and a form to be used for the vehicle safety inspections will have to be shown to the Traffic Commissioner. The next requirement you will need to meet is Overloading. This is simply showing that there are systems in place to prevent overloading. The next requirement is Drivers’ Hours and Tachographs. This is also to do with systems in place to ensure you’re compliant with rules in relation to drivers’ hours and use of tachographs. The next requirement to be met is Operating Centres. This is the where the vehicles will be kept when not in use and for general activity. The space will have to show adequate off-street parking for all authorised vehicles, trailers and even other vehicles from users who would use the same operating centre for different use. The final requirement which needs to be met is Fitness and Repute. This is where you will have to display competence to uphold an O-licence. The Traffic Commissioner will decide this by acknowledging certain convictions or serious offences. If you’re granted an O-licence and then any convictions occur you must report it to the Traffic Commissioner within 28 days of the date of conviction, fail to do so may result in a investigation to your repute and fitness to uphold an O-licence.
However, for standard O-licence you also need to show Professional competence, through having a Certificate of Professional Competence (CPC) yourself or hiring a professional and competent transport manager who holds the qualification.
Environmental cases mean local authorities can object against any O-licence application if the operating centre is on environmental grounds. Any owner of land nearby can also make a case if it effects their enjoyment of the land. However, if a compliment is made by a member of the public or statutory objectors about the operating centre after the O-licence is granted no action can be taken until the renewal period for the O-licence (5 years).
Although the renewal on the O-licence is once every five years the Traffic Commissioner may decide to carry out a review at more frequent time periods if recommended to by the DVSA/DVA.
In the event of an appeal against the decision made by the Traffic Commissioner must be made to the Upper Tribunal. When the appeal is against an O-licence application you must make an appeal no later than a month after the publication of the Traffic Commissioner’s decision after the tribunal is required to give its decision within 14 days. In the event of the Traffic Commissioner has not published their decision after 21 days it will exceed your appeal timeframe up to 49 days from the Traffic Commissioners decision date.
For a transport consultancy that delivers on their promise contact Fleet Fixation.
