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Home / Regulatory Law / Traffic Commissioners Public Inquiries

Traffic Commissioners Public Inquiries

St Pauls Chambers are able to represent any party who is required to attend a traffic commissioner public inquiry.

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  • Clerk Jayne Drake

    Jayne Drake

    0113 2270703 Email
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  • Clerk Lisa Tyczynska

    Lisa Tyczynska

    0113 2270708 Email

Traffic commissioners are the officials in charge of operating licenses for heavy goods vehicles (HGVs) and public service vehicles (PSVs); there is one for each region of the UK, and they are assisted by deputy traffic commissioners.

If you or your client have been called to a traffic commissioner public inquiry, it may be beneficial to enlist specialist public inquiry representation.

 

What is a Traffic Commissioner Public Inquiry?

A traffic commissioner public inquiry is a type of disciplinary hearing that might be called if 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 them. The inquiry might be opened for several reasons, including:

  • Suspicions that an existing operator licence holder or transport manager isn’t managing their license properly.
  • Concerns regarding an operator’s licence application.
  • Complaints made against an operation centre by local residents.
  • Poor vehicle maintenance.
  • Environmental concerns regarding a goods vehicle operating centre.
  • Concerns about a driver’s conduct (such as texting while driving).
  • Convictions for criminal offences.

A public inquiry with the traffic commissioner’s office takes place in court to gather more evidence before deciding what action to take.

 

What Happens at a Traffic Commissioner Public Inquiry?

The regulatory proceedings will be instigated by the commissioner’s office 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.

The proper preparation of these written submissions may persuade the commissioner that it is no longer necessary for a public inquiry to be held.

It’s likely for the calling in letter to be followed by documents that set out the evidence that constitutes the alleged breach in greater detail.

Public inquiries with the traffic commissioner are typically open to the public who are able to come in and watch. However, in certain circumstances, the traffic commissioner may decide that holding a private hearing is in the interests of a fair case.

 

Traffic Commissioner Public Inquiry Results

The commissioner has wide-ranging powers if they are satisfied that the terms of the license have been breached or that an operator or driver is not a fit and proper person. The traffic commissioner can:

  • Suspend or refuse to grant licences
  • Disqualify operators or transport managers
  • Reduce the number of vehicles that can be operated
  • Reject licence applications
  • Revoke licences
  • Issue warnings
  • Disqualify a company from having a license

Transport public inquiry results can have severe implications for the business or individual concerned. With this in mind, it is vital that you seek public inquiry representation from an experienced solicitor or barrister versed in traffic commissioner cases.

 

Public Inquiry Representation

At the inquiry, a defendant can represent themselves or ask a lawyer to represent them. They will be asked to present their case and to answer any questions. If your client’s case is complex or requires further advocation, appointing a barrister as their public inquiry representation may be in the client’s best interests to achieve a favourable result.

At St Pauls Chambers, our team of road transport lawyers has tenure in representing parties during traffic commissioner public inquiries.

The lead of our traffic commissioner public inquiries team, James Lake, is a specialist barrister in this field and has extensive experience defending operators, directors, transport managers and individuals. James is based in Leeds, where the North-East of England traffic commissioner office is situated, and he is able to travel to cover cases in other regions. He has represented notable companies, including Poundstretcher and Hallmark.

James makes himself entirely available to instructing solicitors and prioritises attention to detail and preparation.

 

If you would like to instruct St Pauls Chambers for traffic commissioner public inquiry representation, please get in touch today.

St Pauls Chambers Building
Our expert team has experience in a wide range of complex cases involving traffic commissioner public inquiries.

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KCs

  • Sam Green QC Joint Head of Chambers

    Sam Green KC

    Call: 1998

    Silk: 2015

  • Nigel Sangster QC Associate Tenant

    Nigel Sangster KC

    Call: 1976

    Silk: 1998

  • Richard Barraclough QC

    Richard Barraclough KC

    Call: 1980

    Silk: 2003

  • Simon Myerson QC

    Simon Myerson KC

    Call: 1986

    Silk: 2003

  • Bryan Cox

    Bryan Cox KC

    Call: 1979

    Silk: 2005

  • Jane Bewsey QC Associate Tenant

    Jane Bewsey KC

    Call: 1986

    Silk: 2010

  • Simon Bickler QC

    Simon Bickler KC

    Call: 1988

    Silk: 2011

  • John Harrison QC Associate Tenant

    John Harrison KC

    Call: 1994

    Silk: 2016

  • Jonathan Sandiford

    Jonathan Sandiford KC

    Call: 1992

    Silk: 2020

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    Cameron Brown KC

    Call: 1998

    Silk: 2020

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Members

  • Denise Breen-Lawton Joint Head of Chambers

    Denise Breen-Lawton

    Call: 2000

  • Jeremy Barnett- Barrister

    Jeremy Barnett

    Call: 1980

  • Philip Standfast

    Philip Standfast

    Call: 1980

  • Nikki Saxton

    Nikki Saxton

    Call: 1992

  • Robert Smith

    Robert Smith

    Call: 1995

  • Associate Tenant

    David Hughes

    Call: 1997

  • Derek Duffy

    Derek Duffy

    Call: 1997

  • Nick Worsley Barrister

    Nicholas Worsley

    Call: 1998

  • Alasdair Campbell

    Alasdair Campbell

    Call: 1999

  • Andrew Stranex

    Andrew Stranex

    Call: 2000

  • Jane Brady | Barrister Leeds

    Jane Brady

    Call: 2001

  • James Bourne-Arton

    James Bourne-Arton

    Call: 2001

  • Danielle Graham

    Danielle Graham

    Call: 2003

  • Hal Watson

    Hal Watson

    Call: 2003

  • James Lake

    James Lake

    Call: 2005

  • Andrew Nixon

    Andrew Nixon

    Call: 2006

  • Helen Chapman

    Helen Chapman

    Call: 2006

  • Voldi Welch - Barrister at Law

    Voldi Welch

    Call: 2008

  • Associate Tenant

    Hannah Hinton

    Call: 2008

  • Angus MacDonald

    Angus MacDonald

    Call: 2009

  • Sophie Mitchell

    Sophie Mitchell

    Call: 2010

  • Hannah Lynch

    Hannah Lynch

    Call: 2011

  • Stephen Flint

    Stephen Flint

    Call: 2012

  • George Hazel-Owram

    George Hazel-Owram

    Call: 2012

  • Kristina Goodwin

    Kristina Goodwin

    Call: 2013

  • Stephen Elphick

    Stephen Elphick

    Call: 2014

  • Charlie Greenwood

    Charlie Greenwood

    Call: 2015

  • Frances Pencheon

    Frances Pencheon

    Call: 2015

  • Jessica Heggie

    Jessica Heggie

    Call: 2017

  • Harry Crowson

    Harry Crowson

    Call: 2018

  • Temitayo Oguntade

    Temitayo Dasaolu

    Call: 2018

  • Ayman Khokhar

    Ayman Khokhar

    Call: 2018

  • Emma Handley

    Emma Handley

    Call: 2019

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    Pupil November 2021

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