Driver Conduct Hearings
Protecting your vocational licence and your career
If you’ve received a letter from the Office of the Traffic Commissioner requiring you to attend a Driver Conduct Hearing, it means your conduct as a professional driver is under review. The Traffic Commissioner can suspend or revoke your LGV or PCV licence, so it is important to respond properly and prepare your case.
A vocational licence is your livelihood — early legal advice can make a real difference to the outcome.
Driver Conduct Hearings: Why You’ve Been Called, What to Expect and Your Options
Why have I been called to a driver conduct hearing?
Referrals usually come from the DVLA following a motoring offence, complaint or conviction. Common reasons include:
- Drink or drug driving offences
- Speeding (often 9 or more penalty points)
- Using a mobile phone while driving
- Driver hours or tachograph offences
- Careless or dangerous driving
- Allegations of falsification or dishonesty
- General conduct concerns affecting “fitness to hold a licence”
Why Am I Being Called If I’ve Already Been to Court?
The criminal courts deal with punishment. The Traffic Commissioner deals with public safety and professional conduct.
That means even if you’ve already received a court sentence or driving ban, you can still face a separate hearing to decide if you should continue to hold a vocational licence.
Do I have to go to the hearing?
The call-in letter will usually give you options:
- Accept the Traffic Commissioner’s proposal
- Send written representations
- Attend a Driver Conduct Hearing
You do not have to attend a hearing — but failing to respond at all can result in a more serious decision being made in your absence. Attending gives you a chance to explain your position and present mitigation.
If your employer is also concerned, they may be invited to attend with you, especially if they hold an Operator Licence.
What do I need to do to prepare?
Preparation is critical. You should:
- Read the call-in bundle carefully
- Refer to Statutory Document No. 6 – Vocational Driver Conduct
- Provide references from your employer or transport manager
- Show evidence of training or corrective steps
- Demonstrate understanding and improvement (“insight” and “remorse”)
We can help prepare your representations and evidence, and guide you through what to say.
What Happens at the Hearing?
The hearing takes place before a Traffic Commissioner or Deputy Traffic Commissioner and is usually quite formal. You will be asked about:
- The incident(s) that led to the referral
- Your driving history and record
- What steps you’ve taken to prevent a repeat
- Whether you remain safe and responsible as a vocational driver
If your employer also has a linked Public Inquiry before the Traffic Commissioner, your case may be heard on the same day but dealt with separately.
(See also: Public Inquiry Representation)
Possible Outcomes
The Traffic Commissioner can:
- Take no further action
- Issue a warning
- Suspend your vocational entitlement
- Revoke your licence
- Disqualify you for a set period
- Return you to provisional status, requiring a retest
The decision will be based on the Senior Traffic Commissioner’s published guidance.
Can I Appeal?
Yes. You can appeal within 28 days:
- England & Wales: Magistrates’ Court
- Scotland: Sheriff Court
(See also: Vocational Driver Appeals)
Related Services
01
If your case involves false records or tachograph offences
02
If you also hold MOT Testing status or a DVSA MOT disciplinary notice
Call us today or contact our team for an initial consultation.
Contact an experienced transport lawyer to handle your case.