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To many, being called to a public inquiry before the Traffic Commissioner can be an extremely daunting experience that, if not properly prepared for, can have serious consequences. The guidance below is a brief outline of the process and what to expect. Preparation is key and our specialists have experience with dealing with matters before the Traffic Commissioner.
For specific advice about your case and how to prepare and your options in respect of representation call our specialist team on 01616 966 229.
Operators of heavy goods vehicles and passenger carrying vehicles are normally required to obtain an operator’s licence and obey the undertakings attached to that licence. The licence system is overseen by the traffic commissioner for the relevant traffic area. If any concerns arise during the application for, or use of a licence, the traffic commissioner may call the operator to attend a public inquiry.
A public inquiry may be called for a number of reasons, for example maintenance shortcomings, issues over drivers’ hours regulations, issues over financial standing, questions over repute and criminal prosecutions.
Sufficient concern to call a public inquiry may arise out of a new application but, similarly, a public inquiry can often be called following receipt of a report from DVSA examiners or even the police. It can be called following the reporting of any relevant convictions or fixed penalties that can impact on the issue of repute.
Being called to attend a public inquiry has serious implications for operators – the refusal to grant a licence, or the decision to revoke a licence will be fatal to most operators. Therefore the importance of seeking specialist advice and assistance cannot be overstated.
The likelihood is that an operator may have an idea that a public inquiry will be called before formal notification is received. Formal notification comes in the form of a ‘calling in letter’. That letter will also set out the issues which the Traffic Commissioner wants to consider at the public inquiry.
The Traffic Commissioner should also send a copy of the Traffic Commissioner’s Brief which will include all documents the Traffic Commissioner will consider to be relevant to the inquiry. The contents of this will vary depending on the issues for consideration.
This will normally depend on the issues which have led to the public inquiry. For example if the issue is financial standing, the inquiry will focus on your bank accounts, overdrafts or guarantees to determine whether you have access to sufficient funds to manage your fleet. If the issue is maintenance the inquiry will focus on maintenance and testing records, systems, drivers' checks and auditing.
However, the public inquiry will not be limited in its scope and the Traffic Commissioner can investigate your operation in any way they wish. Therefore it is vital that you are fully and properly prepared before you attend.
It may not be just the operator who is called to the public inquiry. The Traffic Commissioner has the discretion and indeed duty to consider the repute of a transport manager. Where a licence is revoked in a more serious case, the Transport Commissioner has the power to disqualify a director from holding or obtaining a licence. Because of this, directors, transport managers and drivers are often called to a public inquiry and each will receive a separate ‘calling in letter’.
The hearing itself can often be much more informal than a hearing that would take place in a criminal court such as the magistrates’ court. It can be dealt with very quickly or can take all day or even longer in some rare cases.
Different Traffic Commissioners have a different approach to the hearing and the format can differ slightly depending on the sitting Traffic Commissioner however, if there is a DVSA officer present then they will be called to give evidence first. This can often be just by confirming the contents of the previously prepared and served witness statement. The DVSA officer can then be questioned by the Traffic Commissioner and even cross examined by the operator or any legal representative appearing on behalf of the operator. It is important to note that the DVSA are not acting as a prosecuting body in a public inquiry. By its nature an inquiry is a fact finding and fact assessing exercise. The DVSA is there as a party to the inquiry whose aim is to assist the Traffic Commissioner in his or her investigation of the case.
The inquiry then moves on to hearing the evidence of the operator. That can be done in the same way as the DVSA evidence if the operator has prepared a statement or it can be in a very interactive way with the Traffic Commissioner
Documentation, often a large amount, will likely be referred to during the hearing depending on what the issues in the cases are. The operator can be asked questions on any aspect of the operation and will need to be informed about all of the issues to satisfy the Traffic Commissioner.
At public inquiries the Traffic Commissioner will consider whether to grant or refuse applications for operator’s licences and whether to take regulatory action against licences.
Annual reports are published each year outlining how matters are dealt with before the Traffic Commissioner. In a report published by the Traffic Commissioner for Great Britain in covering 2022-2023 (For year ended 31 March 2023) , there were 861 public inquiries held to consider regulatory action against goods vehicle operators for non-compliance. This figure may be higher as in some instances there was more than one action against the license holder: 280 licences were revoked and only 60 resulted in no further action to be taken. These figures are totals for England, Scotland and Wales.
A further 101 public inquiries considered action against bus and coach operators: 32 licences were revoked, 5 were suspended, only 10 faced no further action.
The annual reports contain a clear statement from the Traffic Commissioners:
" Our mission is to promote safe, fair, efficient and reliable passenger and goods transport through effective licensing and regulation of the commercial vehicle industries.
Our shared vision is for traffic commissioners to be recognised by our stakeholders as providing proportionate, accountable, consistent and transparent decision-making - a model of independent regulation."
It is important that a clear and thorough approach is taken when approaching a public inquiry to ensure that the Traffic Commissioners are guided in the best possible way to assist with making a fair and proportionate decision by ruling out the possibility of making a decision which is not based on the full facts and context of the concerns leading to the inquiry being called.
The most important fact to bear in mind is that you will be judged on the state of affairs on the date of the public inquiry. It is vital that the valuable time between receiving your calling in letter and attending the public inquiry is used effectively.
Any issues or shortcomings in your operation need to be quickly identified and rectified. Representation from a specialist solicitor and transport consultant will help you identify what needs to be done in order to maximise your chances of a positive outcome.
If you have been called to attend a public inquiry our solicitors will be happy to assist. Call us on 01616 966 229.
*Traffic commissioners’ annual reports 2022-2023
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