Making a Complaint About Traffic Commissioners

Navigating the regulatory landscape of the transport industry can sometimes lead to situations where you need to voice a concern or dissatisfaction. Whether it's about the personal conduct of a Traffic Commissioner (TC) or Deputy Traffic Commissioner (DTC), the behaviour of their supporting staff, or even specific enforcement actions, knowing the correct channels to use is paramount for a timely and effective resolution. This guide will walk you through the process of making a complaint, ensuring your voice is heard by the right people.

Understanding the Complaint Process

The way you make your complaint is entirely dependent on the nature of your grievance. It's crucial to identify the specific area your complaint pertains to, as this will direct you to the appropriate contact point. Attempting to lodge a complaint through the wrong channel can lead to unnecessary delays and frustration. The primary authorities you'll be interacting with are the Traffic Commissioners themselves, their supporting staff, and the Driver and Vehicle Standards Agency (DVSA).

Complaining About Personal Conduct of a TC or DTC

If your issue centres on the personal conduct of a Traffic Commissioner or a Deputy Traffic Commissioner, there's a specific protocol to follow. Before submitting your complaint, it is highly recommended to familiarise yourself with the relevant complaints protocol and bias guidelines for TCs. This will provide you with a clear understanding of what constitutes a valid complaint and the expected standards of conduct.

You have two primary methods for submitting your complaint:

• By Post: Address your correspondence to:
  Senior Traffic Commissioner
  Office of the Traffic Commissioner
  Eastbrook
  Shaftesbury Road
  Cambridge
  CB2 8BF
• By Email: Send your complaint to the designated email address: [email protected]

What to Include in Your Complaint

To ensure your complaint is processed efficiently, it's important to provide as much detail as possible. This includes:

• Your full name and contact information.
• The name of the TC or DTC you are complaining about, if known.
• A clear and concise description of the incident or behaviour you are complaining about.
• The date and time of the incident, if applicable.
• Any supporting evidence, such as documents, correspondence, or witness details.
• What outcome you are seeking from your complaint.

If You're Not Happy With the Response

Should you find yourself dissatisfied with the outcome or the handling of your initial complaint, you have the option to escalate the matter. In such cases, you can contact the Secretary of State for Transport. This involves following the Department for Transport's specific complaints procedure, which can usually be found on their official website.

Complaining About Operator Licensing Services

The staff who provide administrative and operational support to the Traffic Commissioners, including those in the Central Licensing Office, are employed by the Driver and Vehicle Standards Agency (DVSA). Therefore, if your complaint relates to the service provided by these staff members, whether it's concerning operator licensing or other regulatory activities, you must direct your complaint to the DVSA.

The DVSA is responsible for the operational aspects of supporting the TCs, and they have their own established procedures for handling service-related complaints. It is essential to contact the DVSA directly to ensure your feedback is registered and addressed appropriately.

Complaining About Enforcement Action

It is a common misconception that Traffic Commissioners are directly responsible for the actions of enforcement officers. However, the Traffic Commissioners are not responsible for the day-to-day activities of DVSA enforcement staff. If you have a grievance regarding enforcement action taken by the DVSA, such as an inspection, a penalty, or any other enforcement measure, your complaint must be lodged directly with the DVSA.

The DVSA carries out enforcement activities to ensure compliance with road transport regulations, and they have a dedicated process for handling complaints related to these actions. This ensures that enforcement-related issues are investigated by the agency that directly oversees those operations.

Complaining About a Vehicle Operator or Driver

Traffic Commissioners do not possess investigatory powers concerning the day-to-day operations of individual vehicle operators or drivers. Their role is more supervisory and regulatory at a higher level. If you witness or are affected by non-compliance by a lorry, bus, or coach operator or driver, such as unsafe practices, breaches of working hours, or other regulatory violations, you should report this to the DVSA.

The DVSA is the primary agency tasked with investigating and addressing such instances of non-compliance. By reporting these issues to the DVSA, you are contributing to the safety and integrity of the road transport sector.

Complaining About Bus Punctuality and Reliability

While the Traffic Commissioners set standards for punctuality and reliability in bus services, they do not directly manage or investigate individual service complaints. If you are experiencing issues with a bus service not meeting expected standards of punctuality and reliability, you need to contact the specific organisations responsible for those services. These are typically the bus operators themselves or, in some regions, local transport authorities or Passenger Transport Executives.

The information provided indicates that you should contact one of the following organisations to report a bus service that is not running to the Senior Traffic Commissioner’s punctuality and reliability standards:

Appealing a TC or DTC Decision

It's important to distinguish between making a complaint and appealing a decision. If you disagree with a decision made by a Traffic Commissioner or Deputy Traffic Commissioner, you have the right to appeal. The route for appeal depends on the nature of the case:

• Operator Cases: Appeals against decisions affecting operator licences are typically heard by the Upper Tribunal.
• Driver Conduct Cases: Appeals against decisions relating to driver conduct are usually made to your local Magistrates' Court.

The appeal process is distinct from the complaints procedure and has its own specific rules and timeframes. It is advisable to seek legal advice or consult the relevant tribunal or court for guidance on the appeal process.

Key Takeaways

To summarise, when making a complaint within the Traffic Commissioner framework, always remember:

• Identify the Core Issue: Is it personal conduct, service quality, enforcement, or operational non-compliance?
• Direct Your Complaint Correctly: Use the designated contact points for TCs/DTCs, DVSA, or other relevant bodies.
• Provide Sufficient Detail: Include all relevant facts, evidence, and your desired outcome.
• Understand Appeal Routes: If you disagree with a decision, follow the formal appeal process, not the complaints procedure.

By adhering to these guidelines, you can ensure that your concerns are addressed efficiently and effectively, contributing to a fair and well-regulated transport system.

Frequently Asked Questions

Q1: Who should I contact if I have a problem with a bus driver's behaviour?

A1: For issues concerning a bus driver's behaviour during their service, you should typically complain to the bus operator directly through their customer service channels. If the behaviour involves a serious breach of regulations, it might also be reportable to the DVSA.

Q2: Can I complain to the Traffic Commissioner about a road safety issue unrelated to an operator?

A2: The Traffic Commissioners' remit is primarily focused on the regulation of road transport operators and drivers. For general road safety issues, you should contact your local authority or the relevant police force.

Q3: What if I don't know who to complain about?

A3: If you are unsure about the correct authority to direct your complaint to, it's best to start by contacting the Office of the Traffic Commissioner or the DVSA, and they should be able to guide you to the appropriate department.

Q4: How long does it usually take to get a response to a complaint?

A4: Response times can vary depending on the complexity of the complaint and the volume of correspondence received by the relevant authority. However, most organisations aim to acknowledge complaints within a few working days and provide a substantive response within a reasonable timeframe, often specified in their complaints procedure.

Q5: Are there any specific forms I need to fill out for a complaint?

A5: For complaints about the personal conduct of a TC or DTC, it's advised to read their protocol. For other types of complaints, while a specific form may not always be mandatory, providing information in a clear, written format (email or letter) is generally required. Check the website of the relevant authority (TC or DVSA) for any specific forms or templates.