Traffic Commissioners Public Inquiries

What is a Traffic Commissioner Public Inquiry?

A Traffic Commissioner Public Inquiry is a type of disciplinary hearing, held for several reasons, including:

1) Suspicions that an existing operator licence holder or transport manager isn’t managing their license properly.

2) Concerns regarding an operator’s licence application.

3) Complaints have been made against an operation centre by local residents.

4) Poor vehicle maintenance.

5) Environmental concerns regarding a goods vehicle operating centre.

6) Concerns about a driver’s conduct, for example, texting while driving.

7) Convictions for criminal offences.

Learn about these reasons in more detail further down the page.

How do Traffic Commissioner Inquiries 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 their drivers.

A traffic commissioner public inquiry takes place in court to gather more evidence before deciding what action to take.

The traffic commissioner can:

• Suspend licences
• Disqualify operators
• Reduce number of vehicles that can be operated
• Reject licence applications
• Revoke licences

Why Might a Traffic Commissioner Public Inquiry Take Place?

If a traffic commissioner public 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.

What is the Traffic Commissioner Public Inquiry Process?

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.

At the inquiry, you can represent yourself or ask a lawyer to represent you. You will likely be asked to present your case and to answer questions. By appointing a specialist lawyer, you have the best chance of achieving positive traffic commissioner public enquiry results.

Traffic Commissioner Public Enquiry Results

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. Traffic commissioner public enquiry results can include warnings, refusal to grant a license, ending an existing license, disqualifying a company from having a license, disqualifying a transport manager and more.

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

Traffic Commissioner Public Inquiry Barristers

At St Pauls Chambers, our barristers have experience representing parties during traffic commissioner public inquiries. Get in touch with us today to see how we can help with your traffic commissioner public enquiry results.