Vocational Licence Holders Mobile Phone Use - Fixed Penalty

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Letter to Branches




No. 014/15
Ref: 202.09/102.04
Date: 12th January 2014


To: All Postal Branches
Divisional Representatives
Parcelforce Regional Organisers
Area Distribution Representatives
LGV Representatives
PFW Representatives



Dear Colleagues

Vocational Licence Holders (Professional Drivers) - Mobile Phone Use - Fixed Penalty - Traffic Commissioner Referral

The department was made aware in early November 2014 of a change in the approach taken by both the Police and the Traffic Commissioners to Vocational Licence holders who incur fixed penalty offences for the use of hand held mobile phones while driving. These changes are applicable to all Vocational Licence Holders and therefore potentially affect all professional drivers in Royal Mail and 7.5t drivers in Parcelforce Worldwide.

From the beginning of November 2014 a more intense approach, designed to target inappropriate phone usage has been adopted nationally whereby vocational licence holders charged with a fixed penalty for mobile phone use will automatically be referred to the Traffic Commissioner. Such instances are not restricted to circumstances where the offence was committed while driving a commercial vehicle and can equally be applied where the offence related to mobile phone use while driving a private car, away from the workplace.

At the discretion of the Traffic Commissioner for a first offence a vocational driver used to receive a letter reminding them of their responsibilities as a Professional Driver, which carried a warning for future behaviour. However, under these new guidelines the driver may be summonsed to attend a Driver Conduct Hearing, where the Commissioner will determine whether the individual remains fit to continue to hold a vocational licence. Following the hearing the Traffic Commissioner has the power to suspend or revoke the vocational licence entitlements. While each case will be considered on its own merits the published guidance suggests suspension of entitlements for a period of up to 21 days for a first offence, with longer suspensions, i.e. 2x21, 3x21 for further offences, or potentially permanent disqualification.

Clearly any suspension of licence entitlements has implications for our Professional Driver members not least in the workplace, where a suspension would leave them unable to perform their role. Against this backdrop the department has made representations to the business with a view to reaching an understanding on a measured approach to the handling of any such cases involving our members. Discussions are ongoing and branches will be made aware of any developments.

It is imperative that our members with vocational licences understand the implications of incurring a fixed penalty for mobile phone use and the resultant threat this may pose to their occupational licence.

Branches are therefore asked to bring the content of the LTB to the attention of all our Professional Driver members as a matter of urgency

Any enquiries in relation to this LTB should be addressed to: Terry Pullinger, Assistant Secretary, e-mail: dwyatt@cwu.org or shayman@cwu.org quoting reference number: 202.09/102.04

Yours sincerely




Terry Pullinger
Assistant Secretary