The Increasing Use of ‘Propose to Revoke’ Letters

The Office of the Traffic Commissioner appears to have recently adapted their approach issuing ‘Propose to Revoke’ letters to Operator Licence Holders. It has now become more common to see operators receive ‘Propose to Revoke’ letters shortly after a DVSA Maintenance Investigation Visit or Traffic Examination Visit where an “unsatisfactory” or “report to the Office of the Traffic Commissioner” outcome was received.

From what we can gather, where maintenance systems are found to be lacking or tachograph compliance systems are deemed unsatisfactory, they are now being met with a ‘Propose to Revoke’ letter which is a formal letter proposing the revocation of an Operator’s licence, without the calling of a Public Inquiry first. A possible reason for this new tactic may be an attempt to clear a backlog of cases by testing the preparedness of an operator to continue holding their licence.

If you receive a ‘Propose to Revoke’ letter and do not request a Public Inquiry, or respond inadequately to any highlighted shortcomings to the satisfaction of the Traffic Commissioner, your operator’s licence could be revoked without any additional warning. This would unfortunately result in the immediate halt of operations, without any room for contest.

The Office of the Traffic Commissioner is currently focusing on operators with repeated or significant failings in compliance systems. Consequences are being issued quickly, with direct propositions to revoke operator licences.

When responding to a DVSA Maintenance Investigation Visit or Traffic Examination Visit, it is more vital than ever to be prepared and respond in a timely manner with comprehensive and robust findings. Given the recent shift in enforcement by the Office of the Traffic Commissioner, it is essential that even possible minor infractions should be addressed in detail.

If you happen to receive a ‘Propose to Revoke’ letter, we would highly recommend seeking prompt legal advice to ensure that your licence does not fall victim to these enhanced tactics from the Office of the Traffic Commissioner.

At Logico, we are equipped to provide you with guidance on how to respond to these letters, and the process for requesting and completing a Public Inquiry.

Please speak to a member of our team if you have any concerns regarding these recent changes – we are happy to help.