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Public Inquiries with the Traffic Commissioner

Traffic Commissioner Public Inquiry for HGV and PSV

Traffic commissioners are responsible for licencing and regulating operators that operate heavy goods vehicles (HGVs), public services vehicles (PSVs) and local bus services.
Traffic Commissioners can call a formal public inquiry in a court to obtain more evidence to help them decide of they should:
  • Grant or refuse licenses for HGV or PSV operators.
  • Take action against a vehicle operator, bus service operator or driver of a bus, minibus or lorry.

This may occur when someone has objected to a licence being granted or the traffic commissioner thinks an operator may have broken the terms or undertakings of their licence.

What is a Public Inquiry?

A Public Inquiry is the method used by a Traffic Commissioner to hear either allegations against an operator. There are three main reasons as to why you would be called to a Public Inquiry:

  • There are suspicions that you are not managing your licence properly as an Operator Licence holder or Transport Manager. You have applied for an operator’s licence but –
  • The Traffic Commissioner has concerns with you or your application.
  • Local residents have complained about your operating centre.
A Traffic Commissioner may call a Public Inquiry for a variety of reasons. At the hearing, the Traffic Commissioner will question you directly and you must explain any compliance failings that have been identified, You will be asked to present all your transport records which may include (but not limited to);
Your Preventative Maintenance Inspection records (Preventative Maintenance Inspections).
Drivers hours / Tachographs and any offences that have arised.

Daily driver defect reports

Poor vehicle maintenance

MOT failures

Prohibitions by DVSA

Tachograph Infringements

Proof of financial standing

Proof of proper maintenance contracts and records in place

Dependent on the purpose of the Public Inquiry, the Traffic Commissioner will make his/her decision and give the reasons for doing so. The Traffic Commissioner should always have regard to Human Rights issues. If the issue is in respect of a licence application then the application may be refused or granted. If granted the Traffic Commissioner can do so with restrictions which may include a reduction in the number of vehicles originally requested.

After this evidence has been presented, the Traffic Commissioner will then decide what action to take against your licence.

The purpose of the Public Inquiry is to hear evidence from either complainant, DVSA or other interested parties, and the operator, in order that the Traffic Commissioner can come to a fair and reasoned view as to a course of action, such as granting or refusing a licence. It is a formal hearing very much like that of a Magistrates Court although the Traffic Commissioner sits alone and without a clerk for advice.

The Traffic Commissioner can require the payment of a fine and can also make an order that results in a financial penalty. For wrongdoing the Traffic Commissioner may order:

Revocation

The licence is taken away and the company can no longer trade

Suspension

The licence is suspended and the company cannot trade during that period

Curtailment

The number of vehicles on the licence is reduced

Formal warning

An official notice given to an individual regarding a violation of rules or policies

Many Public Inquiries can be straight-forward but most will involve complex issues of law or technical matters.

The Transport Consultant are specialists in defending Operators, Directors and Transport Managers who are called in to a Public Inquiry with the Traffic Commissioner.The Transport Consultant can help you prepare for your public inquiry. With the initial consultation, through to document collection and attending the public inquiry, we will support you throughout the process.

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