Traffic Commissioner Public Inquiry
Who can get called to a public inquiry?
An Operator, Transport Manager and sometimes a driver can get called to attend an inquiry. If you have received a notice requiring your attendance you must attend.
Am I at risk of being called to an inquiry and what should I do?
There are several indications that you might be at risk of being called to an inquiry. These include if you have had to self-report a failure to meet your licence requirements, if you receive a visit from the DVSA or if you have been invited to an interview under caution.
It is essential that you get early advice from a Solicitor. Notwithstanding that you may have encountered difficulties which might trigger an inquiry you must act to address any failings before the inquiry. This will help you argue against any enforcement action by the Traffic Commissioner.
Your Solicitor can help you prepare a bundle of documents to lodge with the Traffic Commissioner ahead of the inquiry date.
If you have insurance to cover your legal expenses you should notify them of the risk of an inquiry.
What happens at an inquiry?
The Traffic Commissioner leads the inquiry and will hear evidence and directly question those parties invited to the inquiry. You or your representative have the opportunity to ask questions and make representations.
The Traffic Commissioner will either announce their decision at the inquiry or put it in writing within 28 days.
What powers does the Traffic Commissioner have?
The Traffic Commissioner has wide powers to grant, refuse, vary, impose conditions, end or suspend operators, LGV and PSV licences.
Can I appeal against the Traffic Commissioners decision?
You can appeal the Traffic Commissioners decision to the Upper Tribunal Administrative Appeals Chamber.