01254 828 300 
Any HGV or PSV operator will be aware of Traffic Commissioner hearings, commonly known as public inquiries or preliminary hearings.
These hearings are used by Traffic Commissioners as part of their role in regulating heavy goods vehicles (HGVs), buses and coaches throughout the UK. However, many operators are less familiar with how and why they may be called to attend one.
Why might an operator be called to a public inquiry?
A Traffic Commissioner may call an operator to a public inquiry for a variety of reasons.
A common example is where a vehicle is stopped at the roadside and receives a prohibition and this then leads to a DVSA investigation such as a Traffic Examiner Visit Report (TEVR), Maintenance Investigation Visit Report (MIVR) or desk based assessment. An operator may also be called where the Traffic Commissioner needs to get more evidence to help them decide whether to grant or refuse licences, or if someone has objected to an application for a licence or a change to a licence.
Key stages where operators can improve their position
There is usually a trigger stage before a hearing where proactive action can significantly improve an operator’s prospects.
These stages include:
- When an issue first arises e.g. a fault is missed on a vehicle
- When investigation takes place and DVSA decide to refer to the OTC
- When notice of a public inquiry is received
- During the public inquiry itself
- Following the hearing outcome
At each stage, operators should:
- Investigate the issue(s) raised
- Develop a clear action plan
- Implement corrective measures
- Keep detailed records of all actions taken
Demonstrating compliance
A scenario could be that a roadside prohibition is received for a tyre fault, and then investigation may shows that walkaround checks are not being done properly. A proactive response would include disciplinary action against the driver responsible and additional driver training for walkaround checks – plus the introduction or tightening of gatehouse checks. All of these actions would be recorded for the driver and vehicle files. By taking these steps, operators can attend a hearing with evidence showing they have addressed the issues and can be trusted to remain compliant in the future.
During a public inquiry
Operators can represent themselves at a public inquiry. However, given the potential consequences for an Operator’s Licence, many choose to instruct specialist transport lawyers. An experienced team such as Backhouse Jones can provide expert guidance, preparation and representation throughout the process.
A public inquiry is similar to a court hearing, with the Traffic Commissioner hearing evidence, asking questions and examining the operator’s compliance record before deciding what action, if any, should be taken.
While evidence is not given under oath, everyone attending is expected to be truthful and transparent as the operator licensing regime is built upon trust.
Possible outcomes of a public inquiry
The Traffic Commissioner may provide their decision at the end of the hearing or issue it in writing within 28 days.
Potential outcomes of an inquiry include:
- Refusal to grant a licence
- Refusal to vary an existing licence
- Additional licence conditions
- Financial penalties for registered bus operators
- Licence suspension
- Licence revocation
- Disqualification of operators
- Disqualification of transport managers
The outcome every operator aims for is for the Traffic Commissioner to take no action against the licence, allowing the business to continue operating without restriction.
Received notice of a Traffic Commissioner public inquiry or DVSA investigation? Early action can significantly improve the outcome. Contact our regulatory team on 01254 828 300 or email enquiries@backhouses.co.uk for expert advice and representation.