Operator Keeps Licence Despite “Self Employed” Drivers at Traffic Commissioner’s Preliminary Hearing

This HGV operator, represented at Public Inquiry by solicitor Murray Oliver, had continued to use drivers working for through own Limited Companies despite a strong warning that the practice must cease from a Traffic Commissioner in 2019.

HMRC and the Traffic Commissioners are making a joint effort to flush out the practice of drivers working through their own Limited companies. The Traffic Commissioner are concerned that there is no requirement to train and control drivers who work in this way as well as distorting the level playing field between operators because of the saving on Employers National Insurance contributions.

Traffic Commissioners consider these arrangements as relevant activities that go directly towards an operator’s Good Repute and they will revoke operators licences when they detect this has been going on.

In this case there had been some efforts to move to employed drivers this had stalled for a few years and this put the operator’s good repute in serious peril. However by the time of the hearing steps had been taken that were able to satisfy the Traffic Commissioner that a Public Inquiry was not required at this time.