In very rare cases the TC (Traffic Commissioner) can make an objection to someone being allowed to obtain a licence upgrade.
The TC can SUSPEND the upgrade part of the licence if it is felt that the driver poses a danger to others.
Only a court can REVOKE a licence or any part of it.
my mate had trouble getting his provisional entitlement on his licence for hgv because he had 9 points he had to go to the tc to plead his case he got it in the end i didnt even know that could happen until it happened to him i always thought it was like applying for car provisional god there is so many laws, restictions and policies to get to grip with im thinking you do most the learning after you have passed the test lol cant bloody wait tho
ROG:
The TC can SUSPEND the upgrade part of the licence if it is felt that the driver poses a danger to others.
Only a court can REVOKE a licence or any part of it.
hi Rog there have more power that that mate and there can revoke your licence
Driver conduct and the role of the Traffic Commissioner
When applying for a licence, you must tell the Driver and Vehicle Licensing Agency (DVLA) if you have had any findings of guilt, fixed penalties and cautions for offences related to:
- driver’s hours
- driver’s records
- failing to keep a vehicle roadworthy
- overloading vehicles
You do not need to tell DVLA about any such convictions if they are more than four years old.
Before licensing drivers of large goods vehicles (LGV) and passenger carrying vehicles (PCV), the DVLA refers all cases where there is a question concerning conduct to the driver’s local Traffic Commissioner.
The Vehicle and Operator Services Agency and other enforcement bodies also notify the Traffic Commissioner of relevant convictions, including those for non-endorsable offences such as tachograph offences. In the case of PCV drivers, other relevant offences - such as theft or assault - are also taken into consideration.
In all cases of driver conduct, the Traffic Commissioner for your area will decide whether to grant your entitlement to drive LGVs or PCVs. Traffic Commissioners may deal with such cases in writing or require you to attend a hearing.
The Traffic Commissioner has the right to refuse an LGV/PCV licence to an applicant or suspend, revoke or increase the disqualification period of an existing driver’s LGV/PCV entitlement.
The Traffic Commissioner has the right to refuse an LGV/PCV licence to an applicant or suspend, revoke or increase the disqualification period of an existing driver’s LGV/PCV entitlement.
I must admit to never hearing of a case where a TC has revoked one without being sanctioned by a court.
ROG:
The Traffic Commissioner has the right to refuse an LGV/PCV licence to an applicant or suspend, revoke or increase the disqualification period of an existing driver’s LGV/PCV entitlement.
I must admit to never hearing of a case where a TC has revoked one without being sanctioned by a court.
Most TC’s will increase the length of a drink driving ban without any court sanctions Rog, the same goes for any disqualification for totting up I would imagine.
ive started something now aint i and if i had looked at my licence i wouldnt of needed to start this thread lol
Wheel Nut:
Most TC’s will increase the length of a drink driving ban without any court sanctions Rog, the same goes for any disqualification for totting up I would imagine.
That would be inreasing something which has already had a court conviction.
What I’ve never come across is where the TC has acted in the first instance to revoke without the case first being put before a court
ROG:
Wheel Nut:
Most TC’s will increase the length of a drink driving ban without any court sanctions Rog, the same goes for any disqualification for totting up I would imagine.That would be inreasing something which has already had a court conviction.
What I’ve never come across is where the TC has acted in the first instance to revoke without the case first being put before a court
Now then ROG, That’ll be because a TC doesn’t normally “revoke” a driving licence.
A TC can “revoke” an ‘O’ licence.
A TC has the power to suspend, revoke or curtail an ‘O’ licence. Those three words have different definitions.
What a TC does with a driving licence is simply not allow the holder to have it back after the expiry of a Court imposed sanction if the driving licence holder been too naughty, but that’s usually for vocational driving licences. 
It should be remembered that the return, or grant, of a vocational licence isn’t always automatic.
Back in 1979, I had to do some serious f2f grovelling in front of a TC in Manchester to even get my provisional HGV licence and I fell asleep while they read out my previous record. 
dieseldave:
A TC can “revoke” an ‘O’ licence.
Looking again at the quote that Del put, I can see now that it would relate to an O licence and not a driving licence
one of the lads i used to work with got caught on his phone whilst driving a 7.5t wagon he got the three points and fine obviously but also got a 2 week ban from driving any vehicle over 3.5t so was still able to drive his car just not the wagons he argued it asking how he could be punished twice but with no avail.
Big Brummie Macca:
one of the lads i used to work with got caught on his phone whilst driving a 7.5t wagon he got the three points and fine obviously but also got a 2 week ban from driving any vehicle over 3.5t so was still able to drive his car just not the wagons he argued it asking how he could be punished twice but with no avail.
That is because he did not really get punished twice.
He got punished on his BASIC licence for the actual offence which does not take into account the type of vehicle - that’s the court bit
He got an EXTRA sanction for the danger he posed whilst doing it in a LGV - that’s the TC bit
I don’t recall any court saying that the offence is more serious because of the type of vehicle being driven but I’ll stand to be corrected on that point.
I don’t think anything is writen in law that alludes to that…
I think I’m right in saying that being drunk in charge of a truck gets the same as being drunk in charge of a car where the court is concerned but then the TC steps in if it was DD with a truck
ROG:
dieseldave:
A TC can “revoke” an ‘O’ licence.Looking again at the quote that Del put, I can see now that it would relate to an O licence and not a driving licence
Rog please read my quote an have a look at the bottom sentence
is a operators licence called LGV/PCV all so read the title of the quote
Driver conduct and the role of the Traffic Commissioner
delboytwo:
The Traffic Commissioner has the right to refuse an LGV/PCV licence to an applicant or suspend, revoke or increase the disqualification period of an existing driver’s LGV/PCV entitlement.
is post is about Driver i would not of posted it if it was about operators
ROG:
He got punished on his BASIC licence for the actual offence which does not take into account the type of vehicle - that’s the court bit
He got an EXTRA sanction for the danger he posed whilst doing it in a LGV - that’s the TC bit
Very true, although it causes a lot of confusion many citing the rule of ‘double jeopardy’ which it isn’t.
mrpj:
ROG:
He got punished on his BASIC licence for the actual offence which does not take into account the type of vehicle - that’s the court bit
He got an EXTRA sanction for the danger he posed whilst doing it in a LGV - that’s the TC bitVery true, although it causes a lot of confusion many citing the rule of ‘double jeopardy’ which it isn’t.
Hi mate you on about this i think
The criminal courts can and do take account of a driver’s personal circumstances when sentencing as a result of a conviction, which serves to highlight the differing nature of the two jurisdictions. Specifically a Court is punishing a person for an offence, whereas the Traffic Commissioner is considering not whether to punish a person but whether that person is fit to obtain or to continue to hold, a vocational licence. There is therefore no question of the “double jeopardy” rule being applied.
You could be right with that quote regarding the TC Del but I’ve never heard of a case where the TC alone has revoked a LGV licence.
Perhaps the TC can revoke but has to have the backing of a court - maybe someone on here knows the answer to that… ■■
Del, good find again 
The criminal courts can and do take account of a driver’s personal circumstances when sentencing as a result of a conviction, which serves to highlight the differing nature of the two jurisdictions. Specifically a Court is punishing a person for an offence, whereas the Traffic Commissioner is considering not whether to punish a person but whether that person is fit to obtain or to continue to hold, a vocational licence. There is therefore no question of the “double jeopardy” rule being applied.
Says it better than I did (not hard to do)
ROG:
You could be right with that quote regarding the TC Del but I’ve never heard of a case where the TC alone has revoked a LGV licence.
Perhaps the TC can revoke but has to have the backing of a court - maybe someone on here knows the answer to that… ■■
I know the answer to it. The TC can revoke your HGV entitlemant as they see fit. It happened to several drivers from our place who had not been convicted of anything, they lost their licence for 30 days. That was pending a court case.
Mike-C:
I know the answer to it. The TC can revoke your HGV entitlemant as they see fit. It happened to several drivers from our place who had not been convicted of anything, they lost their licence for 30 days. That was pending a court case.
Was there a good reason for this action by the TC?
ROG:
Mike-C:
I know the answer to it. The TC can revoke your HGV entitlemant as they see fit. It happened to several drivers from our place who had not been convicted of anything, they lost their licence for 30 days. That was pending a court case.Was there a good reason for this action by the TC?
The answer to your question is that the TC does not need the backing of a court to suspend your LGV entitlement.
As regards a ‘good reason’ ? Hard to say, charges where falsification of tacho records, they where banned before they even got to court, i wouldn’t know if its a good reason to ban someone before they are found guilty of anything. Doesn’t seem right though!!
Mike-C:
The answer to your question is that the TC does not need the backing of a court to suspend your LGV entitlement.
I knew that - it was the revoke bit that I do not know about
Mike-C:
As regards a ‘good reason’ ? Hard to say, charges where falsification of tacho records, they where banned before they even got to court, i wouldn’t know if its a good reason to ban someone before they are found guilty of anything. Doesn’t seem right though!!
Perhaps it’s like getting a NIP from a speed camera.
When something has been found to be done then the TC has the option for an automatic sanction.
That something, just like a speeding NIP, can be challenged in court
Whether you have 9 or 12 points, for speeding or driving whilst on the phone, just remember that any potential employer is going to take this into account. It’s hard enough trying to get work as newbie but with your licence it will be much harder and if you’re a youngster then harder still.
Something else to think about as well.
The idea of someone driving a fully loaded 44 tonne truck whilst on the phone and without regard for speed limits makes me shudder. If you do get your LGV licence, I sincerely hope you do change your ways because it’s not just about whether you’ll get points, a fine, a solicitors bill and a ban. It’s about whether someone gets killed through dangerous driving.