Laura Hadzik (Partner and Head of Commercial Road Transport) recently represented a scaffolder at Driver Conduct Hearing and successfully persuaded the Traffic Commissioner to grant his provisional vocational driving entitlement despite two previous drink driving convictions.

Overcoming challenges in an LGV provisional entitlement application

Our client had applied for an LGV provisional entitlement but faced significant difficulty due to two previous drink driving convictions.

Given the nature and number of the convictions, the application was referred to a Driver Conduct Hearing before the Traffic Commissioner. The published guidance (the Senior Traffic Commissioner’s Statutory Document No. 6) suggested that a substantial delay before the applicant could be considered suitable to hold a vocational driving entitlement was likely.

The client required specialist representation to demonstrate that, despite his historic convictions, he had taken meaningful steps to address his past behaviour and was now a fit and proper person to begin the process of becoming an LGV driver.

Building a strong case through rehabilitation evidence

Laura Hadzik represented the applicant at the Driver Conduct Hearing and carefully prepared written representations addressing both the legal position and the individual circumstances of the case.

Laura successfully argued that one of the convictions was spent and should not be taken into account when assessing the applicant’s current fitness to hold a vocational driving entitlement.

She also highlighted the significant rehabilitative steps the applicant had undertaken since his offences. This included the completion of a drink-drive rehabilitation course and a sustained period of abstinence from alcohol, supported by testing evidence.

Driver conduct hearing outcome

Following Laura’s submissions, the Traffic Commissioner accepted that the applicant had demonstrated genuine rehabilitation and that he should be granted LGV provisional entitlement.

Although a delayed commencement date was imposed, the period was significantly shorter than that suggested by the guidance.

This enabled the applicant to move forward with his plans to pursue a career in professional driving much sooner than anticipated.

Expert representation for driver conduct hearings

Applications for vocational driving entitlement involving criminal convictions require careful preparation and a detailed understanding of the Traffic Commissioners’ approach to driver conduct and rehabilitation.

Laura Hadzik has extensive experience representing drivers and applicants before the Traffic Commissioners, including cases involving previous convictions and regulatory concerns.

If you require advice or representation in relation to an LGV or PCV entitlement application, our specialist road transport team can provide expert guidance and representation.