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Appointment details

Traffic Commissioner for Scotland

Summary

Organisation
Traffic Commissioners
Sponsor department
Department for Transport
Location
Scotland
Sectors
Transport
Skills
Legal, Judicial
Number of vacancies
1
Time commitment
42 hour(s) per week
Remuneration
£113,862 per annum
Length of term
Permanent
Application deadline
11:59pm on 19 April 2024

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Timeline for this appointment

  1. Opening date

    27 March 2024

  2. Application deadline

    11:59pm on 19 April 2024

  3. Sifting date

    6 May 2024

  4. Interviews expected to end on

    17 June 2024

Timeline dates are only an estimate and can change

About the appointment

Introduction

We are looking for a qualified solicitor, advocate, or barrister to fulfil the role of TC for Scotland. TCs 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

Dear Applicant,

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

This is an important time for the Department for Transport. We are investing heavily in infrastructure and public transport to improve journeys, boost connections, level up the country and support economic growth. 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 Scottish Traffic Area. 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 legal judgement and impartiality in all aspects of decision-making. Traffic Commissioners must also have regard to helping the growth of the economy.

We strongly welcome applications from all backgrounds. As part of the Department’s commitment to diversity, we believe our public appointments should be reflective of our society - the travelling public and those who rely on the supply chain, who may come from different walks of life and bring their life experiences. 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. This includes people who may have never applied for a public appointment – but could bring new ideas, insights, and energy. If you are interested in the role of Traffic Commissioner for Scotland, 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 Mark Harper MP

Secretary of State for Transport

Introduction from the Chair

Note from the current Traffic Commissioner for Scotland, Claire Gilmore

“The role of Traffic Commissioner for Scotland is a demanding but incredibly rewarding role. It requires someone who can combine first class legal and judicial skills with a passion for delivering high quality, customer focused, services. Day to day, you will be dealing with a mix of regulatory hearings, licensing submissions and other case work. You will work closely with Commissioner colleagues on matters which affect the jurisdiction across GB and with other stakeholders in Scotland on a range of devolved transport issues. You will also attend industry events to present on the work that Traffic Commissioners undertake to protect road safety.

It is an immense privilege to serve as the regulator of such vibrant industries which are at the heart of the Scottish and GB economies. Exciting times lie ahead as Commissioners continue to support operators in meeting new technological and environmental challenges. I hope you will consider applying.”

Appointment description

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 acting 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.

Additional guidance detailing how various administrative matters shall be handled by the Traffic Commissioners can be found here.

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. 

Scotland

In addition to the duties of a Traffic Commissioner in England and Wales, a person appointed as Traffic Commissioner or a Deputy Traffic Commissioner for Scotland will also conduct hearings under The Civic Government (Scotland) Act 1982 in respect of taxi fare scale appeals. The Traffic Commissioner and Deputy Traffic Commissioners for Scotland also have functions and powers under the Transport (Scotland) Act 2019 in relation to bus services within Scotland.

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 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.

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.

Board composition

Traffic commissioners
Richard Turfitt
Senior Traffic Commissioner, Traffic Commissioner for the east of England
Tim Blackmore OBE
Traffic Commissioner for the north east of England
Vacancy
Traffic Commissioner for the north west of England (temporarily vacant, covered by Senior Traffic Commissioner)
Sarah Bell
Traffic Commissioner for London and the south east
Miles Dorrington
Traffic Commissioner for the West Midlands
Kevin Rooney
Traffic Commissioner for the west of England
Claire Gilmore
Traffic Commissioner for Scotland
Victoria Davies
Traffic Commissioner for Wales

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

Part One: Experience - Essential criteria:

·       Candidates should be a qualified solicitor (preferably in Scots law), advocate or barrister (candidates are not required to hold a current certificate to practice).

·       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.

·       Evidenced experience of working with a variety of internal and external senior stakeholders in a confident and respectful manner to deliver on a shared vision or priority.

Part Two: Key behaviours

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

·                Ability to make sound, open, and impartial decisions and to employ excellent problem solving, analysis and evaluation skills.

·                Able to question insightfully and provide constructive challenge to 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.

·                Excellent interpersonal and communication skills. Self-confident and politically astute.

·                Willingness to embrace change, including early adoption of new technologies and contribute to the development and modernisation of the operator licensing system.

·                Demonstrate a sound understanding of sensitivities and complexities surrounding public inquests and tribunals.

·                Commitment to continuous improvement and maintaining the quality and consistency of service standards. Able to work in a highly collegiate manner including participation at the Traffic Commissioner Board and with other public authorities.

·                A solid commitment to high ethical standards of integrity and honesty, and an understanding of the value and importance of the Seven Principles of Public Life.

Candidates’ suitability for the role will be assessed against the above criteria.

Application and selection process

Additional information for candidates

Attachments