Traffic Commissioners Public Inquiries
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How Do These Cases Come About?
Traffic commissioners license and regulate all operators of heavy goods vehicles (HGVs), public service vehicles (PSVs), and local bus services. Commissioners can also take action against drivers.
Traffic commissioners are able to all a Public Inquiry in court in order to gather more evidence before deciding whether to grant or refuse licenses to operators, or take action against a vehicle operator.
Why Might An Inquiry Take Place?
If an inquiry is called, it might be that someone has objected to the granting of a license, or the traffic commissioner believes that an operator might have broken the terms of their license. The proceedings are inquisitorial and the commissioner will decide the weight to be put on any part of the evidence adduced before him or her.
The regulatory proceedings will be instigated by the office of the commissioner sending a letter, commonly called a “calling in letter”, requiring an operator or a driver to attend a public inquiry. This will set out, in general terms, the nature of the alleged breach of the license and set out a timetable for the making of any written submissions and the lodging of any documents, such as maintenance records or bank statements. It can occur that the proper preparation of these submissions will result in the commissioner being persuaded that it is no longer necessary for a public inquiry to be held.
The ‘calling in letter’ is likely to be followed by documents which set out in greater detail the evidence that constitutes the alleged breach.
The commissioner has wide ranging powers if he or she is satisfied that the terms of the license have been breached or that an operator or driver is not a fit and proper person. They can have serious implications for the business or individual concerned. They range from a warning, through suspension or restriction to revocation.
Get in touch with us today to see how we can help with your traffic commissioner public enquiry.
