Recent changes to Statutory Document on vocational driver conduct

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Recent changes to Statutory Document on vocational driver conduct

Traffic Commissioners (TCs) have the responsibility to regulate those who drive goods and public service vehicles, also known as “vocational drivers”.

Vocational driver conduct relates to the behaviour and actions of these individuals. In a situation where there are concerns over their behaviour, the driver will be called to a driver conduct hearing.

The objective of a driver conduct hearing is for the TC to question whether a driver is fit to continue to hold a vocational licence.

Conduct which might lead to a driver conduct hearing might include driving under the influence of drugs or alcohol, driving whilst using a mobile phone, being involved in an incident such as striking a bridge or a collision with another road user, driver’s hours infringements, and non-adherence to tachograph regulations.

The options available to the TC at the hearing are:

  • Take no action,
  • Refuse an application for driving entitlement,
  • Requirement to re-test,
  • Issue a formal warning,
  • Suspension of a current entitlement,
  • Disqualification (either for an indefinite period or indefinitely), and
  • Full revocation.

Statutory document no. 6 ("Stat Doc 6”) sets out the approach a TC should take when determining vocational driver conduct matters. Each case will be considered on its merits and individual facts, but Stat Doc 6 provides a useful starting point. It also gives drivers an idea of what to expect.

Consultation

 The government undertook a consultation seeking views on its proposed revisions to Stat Doc 6. The consultation ran in April and May 2025, and a summary can be found here.

The responses reflected “strong support” for the overarching aims of the revised document, which largely involved improving clarity, consistency and fairness when regulating vocational drivers. The revised document has now been issued.

Revised statutory document

The revised version of Stat Doc 6 has now been published and can be found here. It contains a number of changes. These are summarised below.

General

  • The document has been amended to include definitions of vocational drivers, large goods vehicles and passenger-carrying vehicles, and explains that entitlement is shown simply by holding the relevant category on a driving licence.
  • Professional drivers of larger vehicles are expected to meet a higher standard than those with ordinary driving entitlement. Where there is a question over a driver’s fitness to hold a vocational entitlement, the Secretary of State may refer the case to a traffic commissioner, so that they can consider their conduct and make a determination.
  • The Traffic Commissioner does not have jurisdiction over the entitlement to drive medium-sized vehicles (vehicles between 3,500 and 7,500kg maximum authorised mass).
  • Traffic commissioners have no jurisdiction over a driver’s medical fitness; this is a matter for the Driver and Vehicle Licensing Agency.

Driver obligations

  • In relation to compulsory periodic training, the traffic commissioner expects drivers to fully engage in identifying the training that they will most benefit from. Where a driver leaves periodic training to the last minute, a traffic commissioner may consider this as a negative feature.
  • Drivers have an obligation to inform the operator of convictions which relate to their driving conduct.
  • The Public Service Vehicle Accessibility Regulations 2000 (PSVAR) and The Public Service Vehicles (Accessible Information) Regulations 2023 create equality of opportunity for disabled bus and coach users, enabling all passengers to travel easily, confidently, and safely. Operators need to ensure that services are accessible and drivers play an important role in this, and must know how to use the accessible equipment on their vehicle. Failure to provide reasonable assistance will be regarded as a conduct issue.

Community licences

An EEA driving licence is referred to as a Community licence. Those drivers holding that entitlement who become residents in Great Britain are authorised to drive for a year after taking up residence. After this, they must notify the Secretary of State, and they retain the right to exchange their Community licence for a Great British one.

Driving after a licence has expired

A driver can continue driving after their driving licence has expired, where the following criteria are met:

  • are medically fit to drive;
  • held a valid driving licence,
  • only drive vehicles applied for under the current application and were entitled to drive those vehicles under the previous licence;
  • vocational entitlement has not been suspended, revoked or refused by a traffic commissioner;
  • any conditions that were specified on the previous licence, that still apply, are met;
  • DVLA received a correct and completed application within the last 12 months, which has not been withdrawn or refused;
  • The previous licence was not revoked or refused on medical grounds;
  • there is no active disqualification from driving by a court; and
  • the driver is not reapplying for a driving licence following a disqualification as a high-risk offender.

Driving after disqualification

Four months prior to the expiry of a disqualification, the DVLA will notify the traffic commissioner, who will consider the driver’s conduct. The driver will have the opportunity to submit representations. When considering whether to restore their entitlement, factors considered will include:

  • Steps the driver has taken to show they are now fit to drive
  • Mitigations that will be put in place to reacquaint them to driving larger vehicles
  • A period of supervised driving or lighter duties.

Driver conduct proceedings

Cases dealt with on the papers will often involve a letter being sent in which they propose to take a certain course of action, and the individual then needs to make written representations or request a hearing where they can give evidence.

  • In most circumstances, driver conduct hearings will be conducted in public, with judgments announced publicly, and decisions published.
  • While virtual hearings are permitted, there are some circumstances when they would not be fair. Driver conduct hearings typically only last around 15 minutes with limited attendees, and drivers are not normally represented. There are a number of factors listed which might indicate the need for an in-person hearing.
  • Drivers may request an adjournment, but if they wait until the last minute, this will arouse suspicion. Hearings should not be adjourned unless there is a good and compelling reason to do so, and it is unlikely that a second adjournment will be granted. Evidence should be provided.
  • The listed starting points are guidance, and each case will be dealt with on the facts. The presiding traffic commissioner retains discretion to move up or down. A number of minor changes were made to the suggested starting points, and these can be checked for an idea of what to expect in any individual case.

Factors added to the list of negative features:

  • Failing to undertake DCPC periodic training in a timely and structured manner
  • Failing to provide reasonable assistance to a disabled person under PSVAR
  • Factors added to the list of positive features:
  • Evidence that the offence is not part of their normal driving behaviour
  • Engagement with operator’s systems, disciplinary and training to prevent the driver from repeating conduct
  • Monetary gain was not prioritised over road safety
  • Attendance at a drink-drive rehabilitation or speed awareness course

The standard of proof required for driver conduct proceedings is the same as civil procedure and is the balance of probabilities. The more serious the allegation, the more persuasive evidence required.

Traffic commissioners are required to carry out a risk assessment, which involves examining the risks associated with the driver's past behaviour and assessing whether adequate precautions are in place to prevent future harm. The goal is not punitive but to implement reasonable control measures to eliminate or reduce these risks. However, deterrent actions might be required.

Talk to us

If you require any advice in relation to driver conduct issues, please do not hesitate to get in contact with our Commercial Road Transport team. You can contact the team by calling 0345 872 6666 or by filling in our online enquiry form.

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