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Annex A - Licensing and Compliance Service Standards
Updated 21 July 2021
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| Licensing and Compliance Service Standards | Not set | Not set | Not set | Not set | Not set |
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| The following service level descriptions work on the principle of providing a quality service to those who are regulated by the Traffic Commissioners. The standards set out in the following tables therefore recognise that Traffic Commissioners play a crucial part in the provision of the overall service standard to the licensed commercial vehicle industry. Consequentially, where a service requires TC input, it is expected that the relevant TC will respond to all submissions within 5 working days of submission completion and if delays are introduced to the overall delivery target because of the timeliness of the TC, that these delays will be recorded in the exception reporting. | Not set | Not set | Not set | Not set | Not set |
| The standards also work on the principles of effective and efficient staff carrying out the work, that proper continuous training and development will be provided to them, that they will act properly within their delegations that the submissions will contain all relevant information and that proper reference will be made to the Senior Traffic Commissioner’s Statutory Guidance and Directions. | Not set | Not set | Not set | Not set | Not set |
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| Number | Service Area | Function | Description of measure | Target | Comment |
| 1 | Licensing | Application processing | Average processing time to determine applications for goods vehicle operator licences where a public inquiry is not held. | 35 working days | The following cases will be excluded from this measure: |
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| Not set | Not set | Not set | Not set | Not set | 1. Applications where a direction is given by a traffic commissioner that a public inquiry is to be held, whether or not the public inquiry is subsequently convened. |
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| 2 | Licensing | Application processing | Average processing time to determine applications for PSV operator licences where a public inquiry is not held. | 35 working days | The following cases will be excluded from this measure: |
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| Not set | Not set | Not set | Not set | Not set | 1. Applications where a direction is given by a traffic commissioner that a public inquiry is to be held, whether or not the public inquiry is subsequently convened. |
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| 3 | Licensing | Removal of transport manager | On removal of the last specified transport manager from a licence using digital services the OTC will contact the operator within three working days (15 working days for paper notifications) with a deadline for a response. | The measure will be met in 95% of cases | There are no exceptions for this measure. |
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| Not set | Not set | Removal of transport manager | Any responses or failure to respond to the deadline which results in a licence failing to have a nominated transport manager will be actioned within 15 working days. | The measure will be met in 95% of cases | There are no exceptions for this measure. |
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| Not set | Not set | Removal of transport manager | In the event of an approved period of grace coming to an end without a transport manager being nominated, the case will be referred to the OTC Compliance team within 15 working days for revocation procedures. | The measure will be met in 95% of cases | There are no exceptions for this measure. |
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| 4 | Licensing | Case management | Ensure the effective management of outstanding tasks so that the oldest task date is no more than 25 working days from the date that the task was due to be completed. | The measure will be met if 90% of outstanding tasks are no more than 25 working days past their due date | No exceptions. |
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| 5 | Licensing | Local bus service registration | Applications to register, vary or cancel a local bus registration service to be accepted or referred to a traffic commissioner within five working days of receipt of the complete information or before the proposed introduction of the registered service in the event of a short notice application that is due to come into force within five working days | The measure will be met in 95% of registrations processed | No exceptions. |
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| 6 | Compliance | Public inquiries | Public inquiries to be listed to a date within 12 weeks of the traffic commissioner’s decision to call the inquiry. | The measure will be met in 95% of public inquiries | Cases falling into one of the following scenarios will be excluded from the measure: |
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| Not set | Not set | Not set | Not set | Not set | 1. A pending court case; |
| Not set | Not set | Not set | Not set | Not set | 2. The unavailability of an appropriate venue where a case is to be heard away from an established office; |
| Not set | Not set | Not set | Not set | Not set | 3. Where a case is delayed to ensure maximum efficiency of an outside venue by ensuring a full listing for the day; |
| Not set | Not set | Not set | Not set | Not set | 4. When no sitting date is available as a result of commissioner availability or the tribunal room is at capacity; |
| Not set | Not set | Not set | Not set | Not set | 5. In the case of an adjournment request from the operator or traffic commissioner. This excludes adjournments as a result of deficient preparatory work by OTC; |
| Not set | Not set | Not set | Not set | Not set | 6. The required public inquiry statement from DVSA is not supplied in time for a case to be called within the 12 weeks. This has a caveat that the OTC has not delayed making the request for a statement and that the statement is still outstanding within six weeks of the end of the 12 week period. |
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| 7 | Compliance | Public inquiry | Letters calling an operator and/or transport manager to a public inquiry are despatched at least 25 working days prior to the public inquiry. | The measure will be met in 90% of cases | Cases will be excluded in the event of an inquiry being allocated a date within 30 working days of the decision to call the inquiry. |
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| 8 | Compliance | Public inquiry | The public inquiry brief will be despatched to the traffic commissioner and applicant, operator and / or transport manager at least 20 working days prior to PI. | The measure will be met in 90% of cases | Cases falling into one of the following scenarios will be excluded from the measure: |
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| Not set | Not set | Not set | Not set | Not set | 1. Public inquiries called and scheduled in less than 20 working days so that the target could not be met; |
| Not set | Not set | Not set | Not set | Not set | 2. Where instruction has been given by a commissioner for the brief to be passed on a specific date. This does not affect service to an operator. |
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| 9 | Compliance | Public inquiry | Decision letters sent following a public inquiry, preliminary hearing or a revocation on papers to be despatched to the applicant, operator or transport manager within two or five working days dependent on the decision taken. | The measure will be met in 95% of cases | The standard differs depending on the circumstance. If an operator is not present at an inquiry or the decision is deferred or in the case of a revocation on the papers the standard is two working days. |
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| Not set | Not set | Not set | Not set | Not set | In the event that an operator is present at a public inquiry and the decision is announced the standard is five working days. |
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| Not set | Not set | Not set | Not set | Not set | Cases falling into one of the following scenarios will be excluded from the measure: |
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| Not set | Not set | Not set | Not set | Not set | 1. Where an inquiry or hearing is held at an ‘away’ venue and the required papers are not returned to the office within the deadline for service, i.e. as a result of several public inquiries being held in consecutive days. The target commences from the delivery of the papers into an office. |
| Not set | Not set | Not set | Not set | Not set | 2. Cases where a TC intends to include a written note of a verbal decision. The target commences on the delivery of the required note by the TC. |
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| 10 | Compliance / Licensing | Appeals | Case bundles to be sent to the Upper Tribunal within the deadline set. | The measure will be met in 100% of cases | The sole exception are for those cases notified and agreed in writing with the Upper Tribunal for late delivery. |
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| 11 | Compliance | Case management | The preparation of a case submission to the traffic commissioner to be made within 15 working days of the complete information being received in the OTC. | The measure will be met in 90% of cases | No exceptions. |
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| 12 | Compliance | Impounding | Impounding cases are to be processed by the OTC in accordance with the times set out in the relevant legislation | The measure will be met in 100% of cases | No exceptions. |
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| 13 | Compliance | On paper revocations | The notification to an operator that a traffic commissioner is proposing to revoke an operator’s licence without a hearing will be made within 15 working days of receipt from the date that the relevant information was received in OTC. | The measure will be met in 90% of cases | The only exception to this target is for work undertaken as a specific exercise requiring the bulk upload of data. |
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| Dependencies | Not set | Not set | Not set | Not set | Not set |
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| For this reason, we highlight that the delivery of these measures faces key challenges: | Not set | Not set | Not set | Not set | Not set |
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| · Ensuring that the service is appropriately resourced so it can function effectively, with a vacancy rate within the business stream of no more than 5% ; | Not set | Not set | Not set | Not set | Not set |
| · A flexible approach to the use of contingent labour so that posts are filled at the time that they fall vacant. | Not set | Not set | Not set | Not set | Not set |
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| In addition, it relies upon the following assumptions: | Not set | Not set | Not set | Not set | Not set |
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| · A recruitment process that enables permanent staff to be recruited within an appropriate timeframe; | Not set | Not set | Not set | Not set | Not set |
| · Assumes that no major change to legislation or policy will require the redeployment of resource away from BAU; | Not set | Not set | Not set | Not set | Not set |
| · Applications received from the 1 May 2019 will be counted for the purposes of measure 1 and 2; | Not set | Not set | Not set | Not set | Not set |
| · Measure 4 will relate to tasks related to cases received from 1 May 2019; | Not set | Not set | Not set | Not set | Not set |
| · All other measures will be recorded at the time of the revised list of measures being introduced; | Not set | Not set | Not set | Not set | Not set |
| · Accurate reporting of all instances where the measures are not met and/or standards described in the Statutory Documents or Operating Instructions are not delivered. The requirement to report will be set out in the audit and reporting procedure to be introduced. | Not set | Not set | Not set | Not set | Not set |