Public Inquiries: The Good, The Bad, and The Stressful

The purpose of a traffic commissioner's public inquiry is to investigate whether a transport operator, its directors, and transport managers are complying with the conditions and legal undertakings of their license
Being called to attend a public inquiry, regardless of whether you are a professional driver or a company, can be at short notice and this in itself can be stressful.

The minimum notice to attend a public inquiry is:

• 14 days if it is about a new or existing passenger operator's licence
• 21 days if it is about a new or existing goods operator licence
• 28 days if the traffic commissioner's public inquiry is about a transport manager

The Stress of Attending a Public Inquiry

The short notice given for these inquiries is undeniably stressful, especially considering what could be on the line if the case is not prepared correctly. A traffic commissioner's decisions can range from attaching conditions to a licence to granting a licence but for fewer vehicles than applied, refusing to grant a licence, terminating or suspending a licence, or disqualifying an individual and/or company from holding a licence. The stark implications mean that a proactive approach has to be taken from the outset.

Despite the brief notice period for these inquiries, our proactive approach is designed to alleviate your stress, particularly considering the potential consequences of improper case preparation.

Decisions of a Traffic Commissioner 

The decisions of a traffic commissioner can range from attaching conditions to a licence to granting a licence but for fewer vehicles than applied, refusing to grant a licence, terminating or suspending a licence, or disqualifying an individual and/or company from holding a licence. Given the stark implications, it is imperative to adopt a proactive approach from the outset.

From the outset, we recognise the significance of promptly and efficiently addressing any correspondence received from the traffic commissioner. Early engagement can often improve the chance of a successful outcome at any subsequent public inquiry.

Taking a Proactive Approach

To ensure the best outcome possible, as soon as we are instructed, we take a pragmatic and proactive approach.

We understand that dealing with matters immediately and effectively at an early stage can help improve the chances of a successful outcome in an inquiry. To ensure this, as soon as possible after being instructed, we can:

• Review all of the evidence and allegations, giving specific advice
• Specific advice can include whether there is a likelihood of success at any public inquiry; success differs for each client and depends on what they are hoping to achieve
• Liaise with the DVSA and the Office of the Traffic Commissioner, and if appropriate, submit written representations
• Work to repair any compliance failings identified
• Advise on any additional information and documentation that should be sorted
• Represent you  at the public inquiry, presenting the evidence to the traffic commissioner, and making legal submissions

In terms of presenting the evidence, we can assist in preparing a comprehensive bundle of documents to be presented as evidence and ensure that it is highlighted and contains all relevant information

While the article predominantly focuses on operator licences, we can also assist in driver conduct hearings before the Traffic Commissioner. We understand that, as a professional driver, keeping your licence is key. 

Regardless of whether we are dealing with companies or individuals, the outcome is the same; we take a proactive and efficient approach to the case to ensure that the best possible outcome is achieved.

To discuss our public inquiry services, please get in touch. I can be contacted on 0330 818 3173 or via email at [email protected]