Traffic Commissioner Preliminary Hearings – Putting you BACK on the Road to Compliance
11 November 2021
Each year, hundreds of goods and passenger vehicle operators are called to Preliminary Hearing. A Preliminary Hearing before the Traffic Commissioner is NOT a Public Inquiry…but does that mean it should be treated any less seriously?
Preliminary Hearing is the most frequently used alternative to Public Inquiry and is used by Traffic Commissioners to deal with cases where some regulatory intervention is considered to be appropriate but, as Simon Evans (former Traffic Commissioner for the North West of England) confirmed “it is no less rigorous in examining the root causes of non-compliance and critically how such issues can quickly and effectively be addressed”.
Typical cases that might be dealt with at Preliminary Hearing (as opposed to Public Inquiry) include those matters where “operators need simple encouragement to come back into line, where education is required, straightforward undertakings can be imposed or where financial standing seems likely to be met but there have been difficulties finalising the position”. Preliminary Hearings will also be used in ‘borderline’ cases to enable the Traffic Commissioner to decide whether a Public Inquiry is necessary.
You will still receive a call-up letter and Brief, which will provide details and evidence (usually in the form of a DVSA Examiner’s report) of the issue(s) that are of concern to the Traffic Commissioner. You will still be expected to attend the hearing and provide the Traffic Commissioner with an explanation of how any issues, shortcomings and failings have occurred, what action has been taken to address those matters and prevent repetition. You will also still be required to produce evidence (covering finance, maintenance and driver/operational management) to demonstrate compliance and provide assurances about the future.
The big difference (and advantage for you!) of a Preliminary Hearing is that the Traffic Commissioner cannot take any action against your Operator’s Licence other than issue a formal warning and/or record additional undertakings – the worst-case scenario (if the Traffic Commissioner still holds concerns and feels that regulatory action may be necessary) is that you will be called to a Public Inquiry.
This does not, however, mean that you should underestimate the importance of dealing with a Preliminary Hearing correctly. If, at the conclusion of a Preliminary Hearing, the Traffic Commissioner decides to call you to a Public Inquiry, he or she clearly does not feel that a formal warning and/or the recording of additional undertakings on your Operator’s Licence will adequately address the issues…the curtailment, suspension or revocation of your Operator’s Licence, and the potential loss of repute and disqualification of the transport manager(s), is therefore a very real possibility at the subsequent Public Inquiry (unless there is considerable improvement by the date of that hearing).
Your approach to a Preliminary Hearing, as either an operator or transport manager should therefore be no different to your approach to a Public Inquiry. Thorough preparation and case strategy are key! It is vital that your HOUSE is in order by the date of the hearing – the outcome of the Preliminary Hearing will very much depend on how quickly and how comprehensively you have reacted, and responded to, the issues that have led to the Preliminary Hearing and the presentation of your case to the Traffic Commissioner on the day of the hearing itself.
With a niche specialism in commercial road transport, Backhouse Jones have a thousand first-hand experiences dealing with operators and transport managers who – for any of a number of reasons – find themselves facing the Traffic Commissioner. We are adept at handling Preliminary Hearings (and Public Inquiries) and are recognised by the independent Chambers Guide as “a market-leading practice with specialist expertise across the full spectrum of road regulatory matters” and “the premier firm dealing with road transport regulatory work with far and away the biggest market share of any firm in this field”.
Backhouse Jones’ eight-strong team of leading regulatory road transport Solicitors is the largest of its kind and handles more hearings before the Traffic Commissioners each year than any other firm. We are intimately familiar with the Preliminary Hearing (and Public Inquiry) process and the expectations of the Traffic Commissioners and use our unrivalled expertise to hand-hold you through every stage of the hearing journey.
So arm yourself with the best representation available by choosing Backhouse Jones’ team of expert road transport solicitors by calling 01254 828 300 or emailing regulatory@backhouses.co.uk
