The lending of O licences is an issue which Traffic Commissioners take very seriously.
Firstly, if a licence is being used by someone else it means that they have not been subject to the necessary checks to get into the industry.
Secondly, it is also a fair competition issue, as an operator who is not compliant is not working within the same rules as everyone else, which means they’ve got an unfair advantage when bidding for work.
This is why Traffic Commissioners are taking strong action against any operator caught lending their licence.
In one recent case of licence lending, a Scottish waste firm was disqualified for seven and a half years. One of its directors was banned from getting another licence for the same period, while three others were banned for five years. The transport manager was disqualified indefinitely.
The DVSA reported that the company was not scheduling work, covering maintenance costs or paying drivers for four vehicles specified on its licence.
Albeit, the company in question also had additional compliance issues, but nevertheless this goes to show that Traffic Commissioners are taking a hard stance on operators lending their licences and therefore anyone doing so is taking a massive risk to their business.
If you think you might be in this situation, Backhouse Jones can advise you on the safest course of action for your business, providing you with a solution to this tricky problem. Please contact a member of our regulatory team on 01254 828300 today.