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Appointment details

Traffic Commissioner - West Midlands

Summary

• Organisation: Traffic Commissioners
• Sponsor department: Department for Transport
• Location: West Midlands
• Sectors: Judicial, Prisons & Policing
• Skills: Legal, Judicial, Regulation
• Number of vacancies: 1
• Time commitment: 42 hour(s) per week
• Remuneration: £103,313 per annum
• Length of term: Permanent
• Application deadline: 5pm on 31 July 2022

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Timeline for this appointment

1. Opening date

   11 July 2022

2. Application deadline

   5pm on 31 July 2022

3. Sifting date

   19 August 2022

4. Interviews expected to end on

   3 October 2022

Timeline dates are only an estimate and can change

About the appointment

Introduction

Traffic Commissioners are appointed by the Secretary of State for Transport but are independent public post holders. They act both as independent regulators and in a judicial role, as single person tribunals when conducting public inquiries in relation to licence applications and disciplinary matters and demonstrate impartiality in all aspects of decision making.

Introduction from the Minister

Welcome Note from Grant Shapps 

Secretary of State for Transport                     

Dear Applicant,

Thank you for your interest in the post of Traffic Commissioner.

This is an exciting time for the Department for Transport. As people return to the transport network after the COVID pandemic, we are investing heavily in infrastructure and public transport to improve journeys, boost connections, and level up the country. Central to our mission is delivering transport that works for everyone in our society.

We are recruiting for a Traffic Commissioner to be based in the West Midlands. Traffic Commissioners are the only tribunal function sponsored by the Department for Transport and fulfil a vital role in keeping the public safe and supporting industry.

The position requires being able to engage confidently with a wide range of stakeholders, to ensure personal integrity as well as sound judgement and impartiality in all aspects of decision-making. Traffic Commissioners must also have regard to helping the growth of the economy.

As part of the Department’s commitment to diversity, we believe that the office holders who fulfil statutory functions on its behalf should reflect our customers - the travelling public. That means we want to attract candidates from a wide variety of backgrounds. We welcome applications from people irrespective of their disability, ethnicity, or gender, who can bring wide experience and dynamic ideas to the role. We are open to fresh talent, expertise, and perspectives, to help us better understand the needs of the communities we serve.  

If you are interested in the role of Traffic Commissioner, I would like to encourage you to apply. Our dedicated DfT Public Appointments Team would be happy to talk through the process and answer your questions.

Rt Hon Grant Shapps MP

Secretary of State for Transport

Appointment description

Main Duties & Responsibilities

Traffic Commissioners have responsibility in their traffic area for:

•         The licensing of the operators of goods vehicles and of buses and coaches (public service vehicles or PSVs);

•         The registration of local bus services;

•         Granting vocational licences and taking action against drivers of heavy goods vehicles (HGVs) and PSVs;

•         The environmental suitability of centres designated as parking locations for HGVs.

Traffic Commissioners promote:

•         The safe operation of goods vehicles and PSVs;

•         Fair competition between operators;

•         Reducing the burden on compliant operators;

•         The safe and responsible conduct of HGV and PSV drivers.

The Traffic Commissioners’ main functions can be summarised as follows:

•         To ensure that people operating goods vehicles and PSVs are reputable (fit), competent, and adequately funded;

•         To encourage all operators to adopt robust systems, so that there is fair competition and that the operation of goods and public service vehicles is safe;

•         To consider on behalf of the Secretary of State for Transport the fitness of drivers or those applying for public service vehicle or heavy goods vehicle driving licences based on their conduct;

•         To consider, and where appropriate impose traffic regulation conditions to prevent danger to road users and/or reduce traffic congestion and/or pollution;

•         To ensure public inquiry proceedings are fair and free from any unjustified interference or bias;

•         To engage with stakeholders - listening to industry, meeting with local authorities, trade organisations, passenger groups and operators and presenting seminars.

The Traffic Commissioners’ role is important to both commercial vehicle operators and the wider public. Commissioners operate in an exposed and sensitive position. They must maintain the confidence of a wide range of stakeholders and ensure personal integrity as well as sound judgement and impartiality in all aspects of decision-making. Traffic Commissioners must also have regard to helping the growth of the economy through the Regulators Code and The Economic Growth (Regulatory Functions) Order 2017.

In the performance of their duties Traffic Commissioners seek to act in accordance with the standards expected of those in public life, namely proportionality; accountability; consistency; transparency and targeting. Those values underpin their approach as modern regulators. Traffic Commissioners are subject to regular appraisals and peer review in line with the competencies identified for equivalent members of the tribunal judiciary. 

Note: If a candidate holds or acquires a financial interest in a transport undertaking which carries passengers or goods by road or rail within Great Britain it is required that they within four weeks give notice of that acquisition in writing to the Secretary of State specifying the interest you have acquired. This is required in accordance with paragraph 2 of schedule 2 to the Passenger Vehicles Act 1981.

Organisation description

Traffic Commissioners were historically the ‘competent authority’ fulfilling the requirements of EU Regulation 1071/2009, and undertaking the regulation of road transport undertakings, including the power to set conditions, impose sanctions and remove the authorisation to operate. They continue to hold this essential function for the UK and have important regulatory functions in relation to the EU-UK Trade and Cooperation Agreement.

Through deployment each Traffic Commissioner has a responsibility for a defined geographical area and is regionally based. There are eight traffic areas in Great Britain. Traffic Commissioners must have regard to the Statutory Guidance issued by the Senior Traffic Commissioner and act under general directions. Traffic Commissioners work together to deliver consistent and transparent national regulation, whilst maintaining localised service and knowledge. Deputies are also associated with a specific area, but as with full-time Traffic Commissioners, may hear cases in other parts of the country depending on demand. 

Traffic Commissioners are supported by a team of staff (employed by the DVSA) based regionally and in the centralised licensing team in Leeds. The team deals with the administration of the licensing systems and carries out routine licensing functions under the delegated authority of the Traffic Commissioners.

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

It is essential that you address and provide clear supporting evidence for each of the criteria in Part 1 and Part 2 below. Please cover each item separately with clear headings.

Part One: Qualifications & Experience 

Essential

•  Demonstrate an ability to understand complex legal issues, to reach fair, evidence-based decisions and to communicate effectively with individuals at all levels

•  Sound understanding or interest in the road transport sector or relevant experience in related areas. Qualified as a solicitor, barrister or lawyer (candidates are not required to hold a current certificate to practice); or equivalent relevant experience.

Part Two: Key competencies and behaviours

Essential

·       Ability to grasp the principles of administrative law and to conduct legal proceedings and investigations in public.

·       Exceptional analytical skills, the ability to work with others’ analysis of complex written and numerical data and the ability to express complex issues clearly.

·       Able to question insightfully and get to the heart of the matter quickly; able to put complex legal issues or proceedings into clear and concise language (both verbally and in writing).

·       Sound judgement skills; able to reach clear, reasoned, fair, impartial and evidence-based decisions.

·       Able to engage and communicate effectively with a wide variety of audiences including handling media interest. Self-confident and politically astute.

·       Willingness to embrace and contribute to the development and modernisation of the operator licensing system.

·       Commitment to continuous improvement and maintaining the quality and consistency of service standards.

Able to work in a highly collegiate manner including with other public authorities.

Desirable criteria

·       Knowledge of operator licensing and road transport law.

Application and selection process

How to apply

To apply the full pack and monitoring info form should be downloaded https://papt-candidate-packs-live.s3.eu-west-2.amazonaws.com/TC+WM+Candidate+Pack.docx

Completed applications should be submitted to  DfTPATApplications@dft.gov.uk

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

If you have any questions about the appointments process, please contactTCCO@otc.gov.uk

Overview of the application process

This role is being competed in accordance with the Governance Code (January 2017) , which sets out the regulatory framework for public appointments processes. The Code is based on three core principles – merit, openness, and fairness.

The recruitment panel will include Richard Turfitt, Senior Traffic Commissioner; Kate Warren or Rosie Snashall, DfTc Motoring Services Agencies Sponsorship division and an Independent panel member. The DfT Public Appointments Team will acknowledge your application and keep you updated on the progress of the competition. Following an initial sift selected candidates who are assessed as meeting the essential criteria will be invited to undertake written case studies. Candidates may then be selected for formal interview. Interviews are expected to take place in central London/ other location and to last for between 45 and 60 minutes. Further details about the format will be provided to you in advance.

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The names of all appointable candidates are provided to Ministers. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

6. The Panel’s recommendations will be provided to Ministers in a report which details the assessment method used and the outcome of each interview. They will then be asked to agree on the candidate(s) who should be appointed.

7. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Advisory Assessment Panel (AAP)

The recruitment panel will include Richard Turfitt, Senior Traffic Commissioner; Kate Warren or Rosie Snashall, DfTc Motoring Services Agencies Sponsorship division and an Independent panel member.

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact DfTPATApplications@dft.gov.uk

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the minimum criteria for the role and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

Government departments are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2. These are:

1. SELFLESSNESS - Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends;
2. INTEGRITY - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties;
3. OBJECTIVITY - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit;
4. ACCOUNTABILITY - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office;
5. OPENNESS - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands;
6. HONESTY - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest;
7. LEADERSHIP - Holders of public office should promote and support these principles by leadership and example.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

You will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

·        Your appointment as Traffic Commissioner will be made by the Secretary of State.

·        The appointment is permanent although the Secretary of State reserves the right to remove a Traffic Commissioner from office under certain circumstances as set out in the Public Passenger Vehicles Act 1981 (as amended)

·        It should be noted that this post is a public appointment. Traffic Commissioners and Deputy Traffic Commissioners are neither employees of the Crown nor the Department for Transport. Such appointments are not normally subject to the provisions of employment law.

·       Appointments may be ended prior to the conclusion of the period of appointment.

Remuneration, allowances and abatement

Please see candidate pack for more information.

Pension and redundancy

Please see candidate pack for more information.

Application feedback

We will notify you of the status of your application. We regret that due to the volume of applications received, we are only able to offer feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

If you are not completely satisfied with the way your application is handled at any stage of the competition, please raise any complaint in the first instance with: 

Via email: DfT Public Appointments DfTPublicAppointments@dft.gov.uk 

We will reply to your complaint within 20 days.  

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

The Department for Transport (DfT) is the joint controller, with the Cabinet Office and The Office of the Commissioner for Public Appointments (OCPA), for any personal data which you provide to us in this form.

Information provided as part of this application will be kept securely within DfT and destroyed within 5 years of the conclusion of the recruitment campaign.  

DfT uses this form to gather evidence on DfT’s public appointments. 

The lawful basis that applies to this processing is that it is necessary for the performance of a task carried out in the public interest to inform DfT’s recruitment policies in accordance with the Department’s public sector equality duties. For processing special category personal data (disability, religion, sexual orientation and ethnicity), we rely on Article 9(2)(g), reasons of substantial public interest (equality of opportunity and treatment).

Section A - Diversity information

Your responses to questions regarding your gender, if you are disabled, your ethnic group, sexual orientation, your religion or belief, your age, principle residence and professional and socio-economic background will never be made available to the panel considering your application.

Public appointments are made by Ministers, after a fair and open process, based on merit in accordance with the Cabinet Office Governance Code and the Public Appointments Order in Council. By providing the diversity monitoring information you will be helping us meet our public sector equality duty under section 149 of the Equality Act 2012 and section 75 of the Northern Ireland Act 1998. This diversity information is also collected on behalf of the Cabinet Office OCPA. This data will not be connected to your name when it is shared, it is supplied anonymously. 

OCPA collects diversity information in order to produce management information about the public appointments process, and the diversity of the field of applicants. It will be published in OCPA’s annual report and website, in aggregated form. This data is collected and held on the basis that you consented to provide this information to departments alongside your application and you have not given notice that you do not wish for your data to be processed for this purpose. 

This data may be held for up to 3 years by OCPA and up to 5 years by the Cabinet Office and the Government Department, who are all joint controllers of the data. This data is shared with Cabinet Office IT suppliers, identified as processors, in order to securely collect and store the data.

Section B - Significant Political Activity, Conflicts, Standards in Public Life and Disqualification

Only the information provided in section B will be made available to the panel if you are called for interview. In line with the Governance Code for Public Appointments and the Code of Conduct for Board Members of Public Bodies, we may also need to consult with Cabinet Office for advice on matters related to disqualification, conflicts of interest or standards in public life.

Section C - Reasonable Adjustments

Information you provide on any reasonable adjustments you require will not be shared outside of the Department, with two potential exceptions. Firstly, subject to the adjustment/s you require, members of the Advisory Assessment Panel may need to be briefed on how an element of the assessment process needs to be adjusted for you e.g. if an interview is to be handled differently. 

On occasions, a third party may be commissioned to support you in for example, attending an interview. The third party is not permitted to use your data for any other purposes or retain your data beyond the lifetime of the recruitment process.

Section D - Disability Confident

If you have applied through the Scheme, we do not share this information with the Advisory Assessment Panel until after the shortlisting has concluded. Following shortlisting, if you have met all the essential criteria for appointment you will be offered an interview. The Panel will be informed of this. If you are not shortlisted for interview, we can provide a summary of the assessment of your written application, if you choose to request feedback. If you are shortlisted for interview, we may also need to make the panel aware of any particular assistance that is to be put in place for interviews, depending on its nature, and likewise with a third party who we may commission to support you, for example, a speech facilitator. The third party is not permitted to use your data for any purposes or retain your data beyond the lifetime of the recruitment process.

Section E - Professional referees

By providing these details you agree to us contacting referees, should your application be taken forward. The information provided in will be made available to the panel if you are called for interview. 

Privacy policy 

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the Data Protection Officer. You can view it at https://www.gov.uk/government/organisations/department-for-transport/about/personal-information-charter. 

To receive this information by telephone or post, contact us on 0300 330 3000 or write to Data Protection Officer, Department for Transport, 3rd Floor, One Priory Square, Hastings, East Sussex, TN34 1EA.

Contact details

·       DfTPATApplications@dft.gov.uk

 If you have any queries about the Traffic Commissioner function, please contact TCCO@otc.gov.uk