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15 points on licence and traffic commissioner

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Re: 15 points on licence and traffic commissioner

Postby dekka » Sun Jan 23, 2022 6:08 pm

Zac_A wrote:
dekka wrote: but there's no chance of him losing his job - the work we do is rather difficult to recruit for.


Stretching the imagination and assuming the decision isn't taken out of the gaffer's hands (and that is a big stretch) what's this work that's so difficult to recruit for?


Really! - I thought that the worst he would get would be a short temporary suspension rather than have it revoked or even a 3 month or more ban.

And I know that any difficulty in recruitment can be easily solved with more ££ - it's not a big deal job, just a bit niche and low paid.
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Re: 15 points on licence and traffic commissioner

Postby Monkey241 » Sun Jan 23, 2022 9:01 pm

Can I have his contact number?

I'm in the market for a motorcycle...

Sent from my SM-G981B using Tapatalk
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Re: 15 points on licence and traffic commissioner

Postby Zac_A » Mon Jan 24, 2022 1:34 pm

dekka wrote:Really! - I thought that the worst he would get would be a short temporary suspension rather than have it revoked or even a 3 month or more ban.

And I know that any difficulty in recruitment can be easily solved with more ££ - it's not a big deal job, just a bit niche and low paid.


More than 12 points equals a disqualification from the courts; minimum 6 months, but can be 12 months. Just saying "Don't ban me, I'll lose my job" isn't enough (see link) The last driver I knew who brought that situation to me was disqualified for 12 months and (obviously) lost his job - legal prohibition is one of the six reasons for dismissal.
https://www.majlaw.co.uk/offences/9-12- ... conviction.

In addition to the regular (magistrate's) court, the TC can independently act against an HGV drivers entitlement. So if he gets banned by the court, he'll have to apply to the TC to have his HGV entitlement returned when the ban is expired.

If his solicitor somehow persuades the magistrate not to ban him, the TC can still call him to a Driver Conduct Hearing and if he choses to do so, remove his HGV entitlement for whatever period he chooses.

Either way, the driver will need professional legal representation.
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Re: 15 points on licence and traffic commissioner

Postby dekka » Tue Jan 25, 2022 10:42 am

For clarification - he's already been through the regular court, they gave him 12 points in addition to his existing 3 and a large fine but did not ban him. His bike and car licence is still his to keep, whether that's right or not is a separate issue but that's the way it is.
As others have said the TC decides whether he keeps his vocational licence or whether it is suspended or revoked and for what length of time and that's what the question was about, as far as I know the TC does not have authority to act against other non LGV or PSV categories on his licence - correct me if I'm wrong.
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Re: 15 points on licence and traffic commissioner

Postby Zac_A » Tue Jan 25, 2022 2:08 pm

dekka wrote:, as far as I know the TC does not have authority to act against other non LGV or PSV categories on his licence - correct me if I'm wrong.


That's correct. I'd suggest if he wants the best possible outcome, he pays for a specialist transport solicitor to represent him at the TCs Driver Conduct Hearing.
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Re: 15 points on licence and traffic commissioner

Postby dekka » Sat Feb 12, 2022 4:49 pm

Well the results are in and he got a 1 week suspension of his vocational licence which i believe has been timed to coincide with a planned week off, presumably so the TC can be seen to be doing something about this heinous crime without actually doing anything.
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