Role of the Traffic Commissioner

Traffic Commissioners are responsible for the licensing of bus operators and the registration of local bus services under the 1985 Act. The registration of services is devolved and subject to the Public Service Vehicles (Registration of Local Services) (Scotland) Regulations 2001. The regulatory regime is designed to ensure that bus service operators are of good repute, and that services are introduced, varied, or cancelled in an orderly fashion, and operate safe and reliable services. If the TC considers that an operator is failing to run a service in line with their registration, they have powers to take action against the operator.

As noted earlier in this document, the 2001 Act places new duties on the TC in setting up and operating approval panels to approve or reject an LTA’s proposed franchising framework. The introduction of a franchising framework will also change the role that the TC will play to an extent. The paragraphs below explain more about those changes.

Once a franchising framework is in operation, sections 6 and 9 of the 1985 Act (which deal specifically with the registration of local bus services) will cease to have effect. This means the role of the TC in monitoring local services is removed, and enforcement becomes a matter of contract management for the LTA in accordance with the terms of the franchising agreements.

However, the LTA can exempt local services from its franchising framework under section 13D(2) of the 2001 Act, which means that sections 6 and 9 of the 1985 Act will continue to apply and any conditions made under section 13D(2)(b) will be treated as if they are prescribed particulars under section 6 of the 1985 Act. The TC may still take action for breaches of any conditions under which the exempted service(s) is required to operate. This action could include issuing a financial penalty, imposing conditions on the PSV licence, or rejecting a future service application from the same operator.