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Declaration of Convictions

All relevant convictions and penalties must be disclosed at the time of application for a licence. Additionally, any new convictions that occur after the licence has been granted must be reported. Applicants are also required to inform a traffic commissioner immediately of any convictions that occur between the submission of an application and a decision being made.

The traffic commissioner will determine whether the convictions are relevant. Providing false declarations is a criminal offence and may result in regulatory actions, including the suspension or revocation of the licence. Failure to provide accurate and complete information could have significant legal and operational consequences.

Notifiable Convictions

You must notify a traffic commissioner if any individual associated with your application or licence, including partners, directors, transport managers, employees, or agents, as well as any company or parent company linked to your application/licence, has been convicted of any of the following offences:

Goods Vehicles (Licensing of Operators) Act 1995:

  • Offences under this Act.

Transport Act 1968 or Road Traffic Act 1960:

  • Offences related to licences or means of identification.

Hydrocarbon Oil Duties Act 1979:

  • Offences relating to the unlawful use of rebated fuel oil in goods vehicles.

Road Traffic Act 1988:

  • Section 74: Duty to maintain inspection records for goods vehicles.

Additional Convictions

You must also notify a traffic commissioner if any person associated with your operator licence has been convicted of any of the following:

Road Traffic Act 1988:

  • Section 53: Offences related to plating certificates and goods vehicle test certificates.
  • Offences concerning the maintenance of vehicles in a serviceable condition.
  • Speed limit or overloading offences involving goods vehicles.
  • Licensing of drivers related to goods vehicles.
  • Drivers’ hours offences involving goods vehicles.
  • Sections 173 and 174: Forgery, false statements, or withholding information regarding international road haulage permits.

International Road Haulage Permits Act 1975:

  • Section 2: Offences related to removing goods vehicles or trailers from the UK contrary to prohibitions.

Environmental and Pollution Acts:

  • Section 3 of the Control of Pollution Act 1974.
  • Section 2 of the Refuse Disposal (Amenity) Act 1978.
  • Section 1 of the Control of Pollution (Amendment) Act 1989.
  • Section 33 of the Environmental Protection Act 1990.

Road Traffic Regulation Act 1984:

  • Offences involving contraventions of waiting vehicle restrictions.

International Convictions

You must declare any conviction under the laws of Northern Ireland or any foreign country that relates to the above-listed offences. Additionally, any conviction involving the following penalties must be reported:

  • Imprisonment exceeding three months.
  • Fines exceeding level 4 on the standard scale (£2,500 as per the Sentencing Council).
  • Community orders or payback orders requiring more than 60 hours of unpaid work.
  • Equivalent punishments outside the UK.

Road Transport-Specific Offences

Notifiable offences under UK road transport laws, or their foreign equivalents, include:

  • Exceeding driving time limits by 25% or more over six-day or fortnightly periods.
  • Exceeding daily driving time limits by 50% or more without proper rest periods.
  • Operating without a tachograph or speed limiter, or using fraudulent devices to alter records.
  • Driving without a valid roadworthiness certificate where required.
  • Transporting dangerous goods in prohibited or unsafe conditions, endangering lives or the environment.
  • Operating without a valid Community licence or driving licence.
  • Falsifying driver cards or using cards obtained through fraudulent means.
  • Exceeding maximum permissible laden mass by 20% (for vehicles exceeding 12 tonnes) or 25% (for vehicles below 12 tonnes).

Spent Convictions

Convictions deemed “spent” under the Rehabilitation of Offenders Act 1974 do not need to be declared. The rehabilitation period varies depending on the sentence and starts from the date of conviction. Convictions of corporate bodies are not subject to the Act.

Guidelines for Spent Convictions:

  • A rehabilitated individual is treated as though no conviction occurred, and such convictions cannot be referred to in legal or tribunal proceedings.
  • Traffic commissioners must ensure that the sentence imposed is not excluded from rehabilitation under the Act.
  • Subsequent convictions during a rehabilitation period may reset the rehabilitation timeline.

If unsure whether a conviction is “spent,” declare it. The traffic commissioner will assess each case based on its individual merits.


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