Annex A - Statutory functions and powers of the traffic commissioners
1. Traffic commissioners are appointed by the Secretary of State for Transport under section 4(2) of the Public Passenger Vehicles Act 1981 (PPV Act). There must be a traffic commissioner for each Traffic Area into which Great Britain is divided (section 4(1)).
2. In carrying out public inquiries, the traffic commissioner is considered to be a 'tribunal' for the purposes of the Tribunals and Inquiries Act 1971. Appeals against a traffic commissioner's decisions are made to the Transport Tribunal.
3. Traffic commissioners are responsible under the PPV Act for the granting and issuing of public service vehicles (PSV) licences, the registration of local bus services under the Transport Act 1985 and the granting and issuing of goods vehicle operator licences (GVOL). The latter are issued under the Goods Vehicles (Licensing of Operators) Act 1995. Traffic commissioners are also empowered to take regulatory action against licences and licence holders and their transport managers. Traffic commissioners also have power under the Transport Act 1985 and the Transport (Scotland) Act 2001 (Act of the Scottish Parliament) to impose penalties for the failure to run registered services.
4. If requested to do so by a traffic authority, a traffic commissioner may, under section 7 of the Transport Act 1985, impose traffic regulation conditions for the purpose of preventing danger to road users or reducing traffic congestion. The commissioner may regulate the routes and stopping places of local services and the period of stopping.
5. Under part IV of the Road Traffic Act 1988, traffic commissioners are given responsibility to consider the fitness based on the conduct of drivers who hold or apply for passenger-carrying vehicle (PCV) or large goods vehicle (LGV) driving licences.
6. The Secretary of State has power under schedule 2, paragraphs 3 and 4 of the PPV Act to appoint deputy traffic commissioners. Paragraph 7 gives power to the Secretary of State to appoint such persons as he considers appropriate to act as officers and servants. In practice this is done through the Department for Transport and its Executive Agency, the Vehicle and Operator Services Agency.
