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Traffic Commissioner, Edinburgh, September 2016

Our client is an HGV driver. He had received 2 fixed penalties for speeding and was reported to the traffic commissioner. Any HGV driver has to be deemed a fit and proper person to be allowed to obtain or retain an HGV licence. The relevant issue is usually their conduct as a driver.

The  Traffic Commissioner has wide ranging powers, including the power to suspend or revoke HGV and LGV licences. This should always be a consideration for any HGV driver who receives a fixed penalty. Our advice is not to simply accept a fixed penalty as a matter of convenience particularly if the allegation is that you were driving using a mobile phone (an offence which the commissioner takes a very dim view of). Accepting a fixed penalty may only be the beginning of your difficulties.

In this case, we were able to place the two fixed penalties within the context of 25 years of an otherwise unblemished career as a professional driver. In the particular circumstances, the commissioner refrained from either suspending or revoking our client’s HGV licence. He was instead given a formal warning which is the most lenient disposal open to the Commissioner.