Public Inquiry Support
What is a public inquiry and why might it be called?
A public inquiry is a formal hearing before the Traffic Commissioner (or deputy) which is typically called to obtain more evidence and assist the Traffic Commissioner in deciding if they should:
- Grant or refuse applications for new operator’s licenses for HGV or PSV operators
- Take any regulatory action against existing vehicle operator, driver and or Transport Manager.
At the stage of application a public inquiry could be called if an objection to the granting of a licence has been received, or it could be that the application itself has failed to satisfy the Traffic Commissioner considering the application that all requirements are fulfilled relating to the repute of the operator, that any professional competence requirements and proof of financial standing that may be required are met and all other requirements relating to facilities and systems are met.
An existing operator could also be called to a public inquiry if the Traffic Commissioner thinks an operator may have broken the terms of their licence (undertakings), for example maintenance shortcomings; issues over drivers’ hours regulations; issues over financial standing; commercial insolvency; changes to company appointments or corporate entity; questions over repute; and criminal prosecutions.
Traffic commissioners can also call for either an informal hearing or preliminary hearing. This again should be acted upon as a way to avoid going to public inquiry but dealt with in the same manner.
What action may be taken?
Regulatory action may include:
- Curtailment of an operator’s licence
- Suspension of an operator’s licence
- Revocation of an operator’s licence.
- Loss of repute (Transport Manager and or Operator)
Being called to attend a public inquiry can have serious implications for operators – the refusal to grant an operator’s licence or the decision to revoke a licence can be fatal to many operators. Curtailment can have serious financial implications and can prevent business expansion.
How can we help?
The most important fact to bear in mind is that if you are called to attend a public inquiry, you will be judged on the state of affairs on the date of that inquiry – it is therefore vital that the valuable time between receiving the calling up letter and attending the Inquiry is used effectively so that any issues can be identified and rectified
We can assist with every aspect of the public inquiry process. We can visit your operating centre to discuss your case and provide advice on what steps need to be taken. We can assist in rectifying the issues which have prompted a public inquiry. We can then accompany you to the public inquiry to help your legal advisor. We will work closely with your legal team (we can suggest the best legal team) that will put your case together and our consultants will carry out a full audit of the systems to identify where (you) the operator has or could have issues.
Call us on 0333 301 0900
