Called before the Traffic Commissioner

Hi, just looking for some advice, I have been called for a hearing in front of the TC, for ONE offence of working ONE hour over the daily duty on ONE occasion, (GB domestic rules), any idea what I can expect, anyone else been up for just one offence of one hour? I have only ever heard of drivers up for multiple breaches!

Welcome to TruckNet-UK MBob :wink:

MBob:
Hi, just looking for some advice, I have been called for a hearing in front of the TC, for ONE offence of working ONE hour over the daily duty on ONE occasion, (GB domestic rules), any idea what I can expect, anyone else been up for just one offence of one hour? I have only ever heard of drivers up for multiple breaches!

Blimey that seems a bit harsh for a first offence :open_mouth:

Did you have any mitigating reason for working over the maximum duty time or was it a case of just ignoring the rules, please understand that I’m not asking this to judge, I’m just interested to know why they didn’t just give you a fixed penalty and read you the riot act.

I’ve no idea what you can expect but good luck anyway :wink:

MBob:
Hi, just looking for some advice, I have been called for a hearing in front of the TC, for ONE offence of working ONE hour over the daily duty on ONE occasion, (GB domestic rules), any idea what I can expect, anyone else been up for just one offence of one hour? I have only ever heard of drivers up for multiple breaches!

Hi Mbob,

I’m sorry that we meet in such circumstances. :frowning:

From what little you’ve written, it does seem a bit harsh that you’ve been called in front of a TC.

However, there’s possibly a bit more to this…
Is this your first ever hours offence?
Have you already paid a fine for this hours breach?
Are you an employed driver, or do you also own the vehicle?
Is the vehicle subject to ‘O’ licencing and/or the need for a tachograph to be fitted and working?

Up to now, I reckon you’re in for eating a slice of humble pie, but please remember that a TC can’t fine you, or put penalty points on your driving licence. However, there are other sanctions available to a TC. It’s possible that the TC could temporarily suspend any LGV entitlement on your driving licence for a few days/weeks/months, depending on the circumstances.
The TC may also take some form of action against the owner of the vehicle, especially if the vehicle is subject to ‘O’ licencing.

Hi
thanks for the responses, you should know that I have had my heavy goods licence more than 20 years and this is my first offence, and yes I was an employed driver, I am totaly bemused by this. What I do know is that the operator may be facing investigation, but there is no mention of this in my correspondence from the TC.

MBob:
Hi
thanks for the responses, you should know that I have had my heavy goods licence more than 20 years and this is my first offence, and yes I was an employed driver, I am totaly bemused by this. What I do know is that the operator may be facing investigation, but there is no mention of this in my correspondence from the TC.

Hi Mbob,

There’s the small matter of confidentiality to consider, so that’s possibly the reason that the TC hasn’t told you everything.
Besides that, he doesn’t really need to because of possible further investigations still being carried out by VOSA.

Due to lack of info, I have to guess here, but your call-up letter might just be for the reason that the TC wishes to discuss what possible outcomes there may be for you for going one hour over your duty time. Maybe you’ll only get a warning for a first offence.
In my experience, it’s unusual to get only a TC’s call-up letter without you having been to court or fined.

Of course, it’s your choice as to how much info you give, but without some key facts, giving you good advice could be difficult. :wink: