BACK on the Public Inquiry road
22 July 2020
It’s been a while – four months to be precise – since our transport lawyers entered the physical arena of Public Inquiries. However, today marks the return of ‘business as usual’ for Backhouse twins. James and Jonathon are heading out on the road to conduct a Public Inquiry each in front of different Traffic Commissioners.
The unprecedented era of COVID-19 has called for altered practices and whilst the Traffic Commissioners have not been holding hearings in person. Backhouse Jones have undertaken a number of successful virtual hearings on behalf of clients. The question of course on everyone’s mind is what is the ‘new normal’ going to look like? Will it be a distinct move towards virtual hearings? Will the industry return to ‘business as usual’ with physical Public Inquiries?
With the Backhouse twins on the road today it does seem reminiscent of old times. Little did we know BACK in the autumn that going out on the road to a Public Inquiry would feel like a breath of fresh air and into the realms of normalness.
It is worth bearing in mind that whilst instructions for Public Inquiries flood through, COVID-19 has resulted in some distinct changes when preparing for a Public Inquiry and it is therefore wise for PCV and HGV operators to become familiar with these in advance;
- Evidence must be lodged with the Traffic Commissioners at least seven days in advance of the hearing;
- Hard copies of evidence are required (the guidance document states that electronic copies are not allowed). Operators are required to post all maintenance records for the previous six-months in relation to the whole fleet;
- HGV and PCV operators will be required to provide multiple copies of evidence. If the operator sends hard copy documents to the Office of the Traffic Commissioner without taking copies it will be difficult at the Public Inquiry for the operator to cross-reference with questions that the Traffic Commissioner is raising without their own copy to hand. Advice – ensure you copy all of your maintenance records (driver defect reports, PMI sheets) in multiples.
- Any additional evidence that HGV and PCV operators want to rely on must also be received by the Commissioner at least seven days in advance e.g. any specialist reports. Again, multiple copies will have to be produced and posted, ensuring that the Traffic Commissioner receives a copy along with the Clerk and any witnesses. The obligation is on the operator to provide multiple copies, not the Office of the Traffic Commissioner;
- Failure to comply with the seven-day advanced request has adverse ramification namely that evidence may be excluded but the hearing will continue to run to a conclusion and that adjournments are unlikely where evidence could have been produced in time.
- Only limited numbers are allowed to attend the Public Inquiry which begs the questions as to whether all relevant individuals can attend, particularly if it is a large company where a number of directors need to be in attendance.
- There is no access to the building for pre-hearing consultations.
If you have recently received a ‘call up’ letter inviting you to attend a Public Inquiry you can rest assured that Backhouse Jones will BACK your corner. Our eight-strong team of leading regulatory road transport Solicitors is the largest of its kind and handles more Public Inquiries each year than any other firm. We have a thousand first hand experience of the Public Inquiry process and our unrivalled expertise hand-holds you through every step of the Public Inquiry journey.
We understand that receiving a ‘call up’ letter can be stressful. At Backhouse Jones, we manage this situation for you and prepare and present your case to the Traffic Commissioner with clarity and precision, pushing BACK where required to achieve the best possible outcome for you.
Arm yourself with the best representation available by choosing Backhouse Jones. You can access our team by telephoning the office on 01254 828 300, emailing regulatory@backhouses.co.uk or click here for more information.
