A public inquiry in this context is a formal hearing conducted by a regulatory body (the Traffic Commissioner) to investigate issues related to compliance with operator’s licence conditions and undertakings including for example allegations of breach of road transport regulations, such as overloading, poor vehicle maintenance, driver’s hours and tachograph records offences, driver conduct and numerous other issues.

A transport operator may be called to a Public Inquiry by the Traffic Commissioner for various reasons, including:

• Compliance concerns – Issues raised by the DVSA regarding vehicle maintenance, drivers’ hours, or tachograph compliance. Also bus punctuality and reliability issues
• Questions over whether the operator remains of good repute.
• Financial standing – Failure to meet the required financial thresholds.
• Concerns over the professional competence requirement because of the Transport Manager arrangements.
• Operating centre issues – Complaints or objections about the suitability of your premises.
• Regulatory breaches – Previous warnings or breaches of licence conditions.
• Convictions or misconduct – If the operator, its Transport Manager, directors or drivers have been convicted of offences affecting your repute.

A Public Inquiry is a formal legal hearing overseen by the Traffic Commissioner or deputy Traffic Commissioner. During the inquiry, you can expect:

• A review of your compliance history – The Commissioner will examine evidence from the DVSA, police, or other bodies regarding your operation.
• Questioning on your conduct and compliance systems – You or your Transport Manager will need to explain how you manage compliance, maintenance, and driver oversight.
• Witnesses and evidence – The DVSA or other parties may provide evidence, and you may submit documents or call witnesses in your defence.
• Potential outcomes – These range from receiving formal warnings to having your Operator’s Licence revoked, suspended, or curtailed. In some cases, additional conditions may be imposed.
• Preparation is crucial, and professional legal representation can help you present a strong case.
• The Transport Manager is likely to be called to a conjoined public inquiry in their own name that relates to their role as a nominated transport manager.

While you are not legally required to have a solicitor at a Public Inquiry, it is highly advisable. Public Inquiries can have serious consequences, including the loss of your licence, which could impact your business and livelihood. An experienced solicitor or transport law specialist can:

• Assess the case against you and help prepare your defence.
• Advise on gathering and presenting supporting evidence.
• Represent you in the hearing and ensure your rights are protected.
• Negotiate with the Traffic Commissioner to achieve the best possible outcome.

Given the high stakes, professional legal assistance from specialist lawyers, can significantly improve your chances of retaining your Operator’s Licence and continuing operations.