Goods Vehicles (Licensing of Operators) Act 1995
What this means for your business
- Enforced by
- DVSA
- Applies to
- United Kingdom
- On this page
- 24 compliance obligations, 10 practical guides across 2 topics
What you must do
24 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 4
Coāoperate with authorities when a goods vehicle is detained
If one of your goods vehicles is stopped because it is being used without a valid operatorās licence, you must follow the directions given by the authorised person ā do not tamper with any immobilisation device or notice, and if you want the vehicle back you must apply to a traffic commissioner as set out in the regulations. Failure to comply can lead to fines.
Maintain compliance arrangements for goods vehicle licences
If your business holds a standard or restricted goodsāvehicle licence (light or heavy), you must have systems in place to make sure drivers follow the hoursāofāservice rules, vehicles are not overloaded, and are kept in a safe, roadāworthy condition. For heavyāgoods licences you also need to designate suitable operating centre(s) with enough space for all your vehicles.
Maintain sufficient financial resources for vehicle upkeep
When you apply for a standard or restricted goodsāvehicle operator licence, you must be able to show you have enough money to keep your fleet in a fit and serviceable condition. If you donāt have the cash to fund maintenance, your licence can be refused.
Respond to licence revocation notice and rectify nonācompliance
If a traffic commissioner thinks your standard goodsāvehicle operator licence no longer meets the legal requirements, they must send you a written notice. You have 21 days to put forward written comments on the grounds, and you may be given up to 6ā9 months to fix the problem. If you do not respond or fail to remedy the issue in time, the licence can be revoked.
Other requirements 2
Provide environmental undertakings with HGV licence applications
When you apply for a new heavy goods vehicle (HGV) licence, vary an existing one, or receive a notice about an operating centre, you must give the traffic commissioner written promises (undertakings) about how the site will meet environmental requirements. Those promises will be recorded on your licence.
Request an inquiry before licence revocation or disqualification
If your vehicle operator licence is in danger of being revoked or if youāre facing a vehicle order, you must ask the traffic commissioner to hold an inquiry before any decision is made. The commissioner cannot issue the order unless youāve made this request, and if they refuse to delay the order you can then apply to the Upper Tribunal for a direction.
Payments and fees 1
Pay fee and give information for a certificate of qualification
If you want a certificate of qualification to operate goods vehicles in an EU member state, you must apply to the appropriate authority (the traffic commissioner if you already hold an operatorās licence, otherwise the Secretary of State), pay the required Ā£20 fee, and provide any information the authority reasonably asks for. Without doing this you cannot obtain the certificate and therefore cannot legally carry out the crossāborder undertaking.
Offences and prohibitions 15
Apply for an operatorās licence while disqualified
Fine up to Ā£2,500If you apply for, or obtain, a goodsāvehicle operatorās licence while you are under a disqualification order, you commit a criminal offence. On conviction in the magistratesā court you face a fine of up to Ā£2,500. The licence obtained (or the application) will be void.
Breach conditions attached to heavy goods vehicle licence
Fine up to Ā£2,500If you hold a heavy goods vehicle licence and fail to follow any condition that the traffic commissioner has attached to it (for example, restrictions on where the vehicle can join or leave a public road or routes to an operating centre), you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to Ā£2,500. No prison term is provided for this breach.
Breach conditions on heavy goods vehicle licence
Fine up to Ā£2,500If you hold a heavy goods vehicle (HGV) licence and fail to follow any condition attached to it ā for example limits on the number of vehicles, parking arrangements or operating hours at an operating centre ā you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to Ā£2,500. There is no custodial sentence for this breach.
Exceed maximum vehicles or trailers on licence
Fine up to Ā£2,500If you run a goodsāvehicle operation you must not use more motor vehicles or trailers than the numbers set out on your operatorās licence. Using more than the authorised total, or more than the authorised heavyāweight vehicles or trailers, breaches the law. On conviction in the magistratesā court you face a fine of up to Ā£2,500.
Fail to carry or retain a consignment note
Fine up to Ā£2,500If you use or drive a large goods vehicle and you do not have the required consignment note with you, or you do not keep the note for the required period after the journey, you commit an offence. On summary conviction you face a fine of up to Ā£2,500.
Fail to comply with operator licence regulations
Fine up to Ā£200If you breach any regulation made under the Goods Vehicles (Licensing of Operators) Act that the regulation itself declares an offence, you commit a criminal offence. On conviction in the magistrates' court you face a fine of up to Ā£200. This applies to any person, such as a goodsāvehicle operator, who does not follow the prescribed rules.
Fail to notify traffic commissioner of conviction after licence application
Fine up to Ā£2,500If you apply for a goodsāvehicle operatorās licence and you receive a notifiable conviction or fixedāpenalty notice before the licence is decided, you must tell the traffic commissioner immediately. Failing to do so is a criminal offence. On summary conviction you can be fined up to Ā£2,500. No prison term is provided for this offence.
Fail to notify traffic commissioner of licenceārelated changes
Unlimited fineIf you hold a goodsāvehicle operatorās licence, you must tell the traffic commissioner about any changes or events specified in the licence conditions (for example changes in ownership, management or shareholding, or any other notified event) within the time set out in the condition. Failing to do so is a criminal offence. On conviction in the magistratesā court you face an unlimited fine (levelāÆ5 on the standard scale).
Forge, alter or use false operator licence documents
2 years imprisonmentIf you create, change, use, lend or possess a fake or altered operatorās licence, vehicle identification document, authorisation certificate or related qualification certificate with the intent to deceive, you commit a criminal offence. On conviction you face an unlimited fine and, if tried in Crown Court, up to two years' imprisonment (or both). The offence can be tried either in the Magistrates' Court or the Crown Court.
Make false statements to obtain or vary an operator licence
Fine up to Ā£2,500If you knowingly give a false statement to the licensing authority when applying for, varying, preventing, or influencing conditions on an operatorās licence (or related certificates), you commit a criminal offence. A conviction in the magistratesā court can lead to a fine of up to Ā£2,500. No imprisonment is provided for this offence.
Obstruct officer inspecting vehicle maintenance facilities
Fine up to Ā£1,000If you prevent a DVSA officer from entering your premises to check the facilities used to keep licensed goods vehicles fit for use, you commit an offence. On a summary conviction in the Magistrates' Court you face a fine of up to Ā£1,000. No prison term is attached to this offence.
Unauthorised disclosure of confidential inquiry information
Fine up to Ā£2,500If anyone reveals information that was given at a traffic commissionerās inquiry and that information is subject to a confidentiality restriction, they commit a criminal offence. The offence is tried in the Magistratesā Court and carries a fine of up to Ā£2,500. No custodial sentence is provided for this breach.
Use a restricted licence to carry goods for hire or reward
Fine up to Ā£500If you operate a goods vehicle using a restricted operatorās licence to carry goods for payment (hire or reward) you are breaking the law, unless the goods belong to a subsidiary or holding company as set out in the Act. A conviction in the Magistratesā Court results in a fine of up to Ā£500. There is no custodial sentence.
Use goods vehicle without an operatorās licence
Unlimited fineIf you or your business operate a goods vehicle on a road for hire, reward or any trade activity without holding a valid operatorās licence, you are committing a criminal offence. On summary conviction in the Magistrates' Court you face an unlimited fine. No prison term is mentioned for this breach.
Use operating centre not listed on HGV licence
Fine up to Ā£2,500If you run heavy goods vehicles and use a depot or base that isnāt named as an operating centre on your HGV licence, you are committing an offence. The breach is triggered the moment a vehicle is kept or operated from that unauthorised site. On conviction you face a fine of up to Ā£2,500, dealt with in the Magistratesā Court.
Registration and licensing 2
Apply for an operatorās licence and provide required details
If you run a goodsāvehicle business you must submit an application to the traffic commissioner for every traffic area you operate in. The application must include details of the vehicles and trailers youāll use, the operating centre(s) for heavy licences, and any other information the commissioner asks for. You can hold separate licences for different areas, but never more than one licence for the same area.
Hold and obey the operator licence for your goodsāvehicle business
Unlimited fineIf you run a commercial vehicle operation, you must get an operator licence from the traffic commissioner. The licence will state whether it is standard or restricted and whether it covers national or international transport. You must keep the licence in a visible place and carry out everything the licence requires, including any undertakings that the commissioner has recorded.
Penalties for non-compliance
16 penalties under this legislation. 1 can result in imprisonment. 4 carry an unlimited fine.
Forge, alter or use false operator licence documents
Unlimited fine and/or 2 years imprisonment
Fail to notify traffic commissioner of licenceārelated changes
Unlimited fine
Use goods vehicle without an operatorās licence
Unlimited fine
Hold and obey the operator licence for your goodsāvehicle business
Unlimited fine
Apply for an operatorās licence while disqualified
Fine up to Ā£2,500
Breach conditions attached to heavy goods vehicle licence
Fine up to Ā£2,500
Breach conditions on heavy goods vehicle licence
Fine up to Ā£2,500
Exceed maximum vehicles or trailers on licence
Fine up to Ā£2,500
Fail to carry or retain a consignment note
Fine up to Ā£2,500
Fail to notify traffic commissioner of conviction after licence application
Fine up to Ā£2,500
Make false statements to obtain or vary an operator licence
Fine up to Ā£2,500
Unauthorised disclosure of confidential inquiry information
Fine up to Ā£2,500
Use operating centre not listed on HGV licence
Fine up to Ā£2,500
Obstruct officer inspecting vehicle maintenance facilities
Fine up to Ā£1,000
Use a restricted licence to carry goods for hire or reward
Fine up to Ā£500
Fail to comply with operator licence regulations
Fine up to Ā£200
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 9
Get an operator's licence for goods vehicles
How to apply for an O-licence to operate goods vehicles for business. Covers Standard and Restricted licences, financial ā¦
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Goods Vehicle Operator Licensing
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Vehicle Maintenance and MOT
Understand vehicle maintenance standards and MOT requirements for goods vehicles.
DVSA Enforcement and Your Operator Compliance Risk Score
Understand how DVSA uses the Operator Compliance Risk Score to target enforcement, what Green, Amber and Red ratings ā¦
Facing a Traffic Commissioner Public Inquiry
What triggers a Traffic Commissioner public inquiry, how to prepare your case, whether you need legal representation, what ā¦
Goods Vehicle Operator Compliance Checklist
A yes/no audit checklist covering all key goods vehicle operator obligations including O-licence conditions, vehicle maintenance, drivers, tachographs, ā¦
Compliance for van and light goods vehicle operators
What applies when operating vans and light goods vehicles under 3.5 tonnes. Vans do not need an operator ā¦
International Road Haulage Permits and Cabotage
How to comply with post-Brexit international haulage rules including TCA permit-free access, ECMT permits for non-EU countries, cabotage ā¦
Sections and provisions
79 classified provisions from this legislation.
Duties 11
- s.1 Functions of traffic commissioners.
- s.8 Applications for operatorsā licences. trailers proposed
- s.10 Publication by traffic commissioner of notice of application for licence.
- s.13C Requirements for standard and restricted licences place so specified
- s.13D Further requirement for standard and restricted licences
- s.15 Issue of operatorsā licences.
- s.27 Revocation of standard licences. time it appears
- s.29 Revocation and disqualification etc: supplementary provisions. A traffic commissioner
- s.34 Determinations as to environmental matters. determination with respect
- s.49 Certificates of qualification. certificate of qualification
- Schedule 1A Detention of vehicles used without operatorās licence that person
Offences and penalties 16
- s.2 Obligation to hold operatorās licence.
- s.3 āStandardā and ārestrictedā licences.
- Schedule 3 Qualifications for standard licence
- s.6 Maximum numbers of vehicles.
- s.7 Operating centres to be specified in heavy goods vehicle licences.
- s.9 Convictions etc. subsequent to the making of an application.
- s.21 Conditions attached to heavy goods vehicle licences for securing road safety.
- s.22 Conditions attached to operatorsā licences as to matters required to be notified to traffic commissioner.
- s.23 Conditions attached to heavy goods vehicle licences as to use of operating centres.
- s.28 Disqualification.
- s.35 Power of traffic commissioners to hold inquiries.
- s.38 Forgery of documents, etc.
- s.39 False statements.
- s.40 Inspection of maintenance facilities.
- s.57 Regulations and orders.
- Schedule 5 Large Goods Vehicles
Powers 13
- s.2B Power to stop
- s.3A Temporary exemptions for international operators
- s.4 Other Temporary exemptions.
- s.13 Determination of applications for operatorsā licences
- s.17 Variation of operatorsā licences.
- s.30 Periods of review for operating centres.
- s.41 Power to seize documents etc.
- s.44 Assessors.
- s.46 Holding companies and subsidiaries.
- s.47 Partnerships.
- s.50 Large goods vehicles.
- s.56 Secretary of Stateās power to hold inquiries.
- s.61 Commencement.
Definitions 19
- Schedule 1 Meaning of āsmall goods vehicleā small trailer relevant plated weight
- s.5 Vehicles authorised to be used under operatorās licence.
- Schedule 6 Transitional provisions, transitory modifications and savings
- s.11 Publication in locality affected of notice of application for heavy goods vehicle licence.
- s.12 Objections to, and representations against, issue of operatorsā licences.
- s.13A Requirements for standard licences
- s.13B Requirements for restricted licences
- s.18 Publication of notice of applications for variation of heavy goods vehicle licences in any locality affected.
- s.26 Revocation, suspension and curtailment of operatorsā licences.
- s.31 Power to remove operating centres on review.
- s.32 Power to attach conditions on review.
- s.42 Meaning of āofficerā and powers of police constables. officer
- s.53 Method of calculating weight of motor vehicles.
- s.54 Saving for law of nuisance.
- s.55 Protection of public interests.
- s.56A Traffic commissioner may have regard to international obligations
- s.58 General interpretation.
- Schedule 2 Information about, and convictions of, applicants for and holders of operatorsā licences relevant person relevant activities notifiable fixed penalty notice
- Schedule 8 Repeals and revocations