PUBLIC INQUIRIES

A public inquiry before the Traffic Commissioner is a serious regulatory proceeding. It can place an operator licence, vocational entitlement and the future of a business at risk. Outcomes can include licence revocation, curtailment, suspension, conditions, disqualification and findings affecting good repute.

I advise and represent operators, transport managers and drivers at all stages of the public inquiry process, with a focus on preparation, evidence, mitigation and protecting livelihoods.

Early advice is critical. The approach taken before the hearing often has a greater impact on the outcome than the hearing itself.

A public inquiry is a formal hearing convened by the Traffic Commissioner to examine concerns about compliance, repute, fitness or management control. Although less formal than a court, it is a quasi-judicial process with strict procedural expectations.

Public inquiries may arise following:

• DVSA investigations or encounter reports

• Repeated roadside prohibitions or fixed penalties

• Drivers' hours or working time breaches

• Maintenance system failures or poor PMI outcomes

• Concerns about transport manager effectiveness

• Financial standing or good repute issues

• Serious incidents or safety-related events

• Failure to comply with licence undertakings

The scope of a public inquiry is often wider than the original trigger and can expand quickly if not carefully managed.

Public inquiries may involve:

• Operators and company directors

• Transport managers

• Drivers holding vocational entitlements

• Partners or sole traders

• Individuals linked to licence control or management

Each role carries different regulatory risks and potential outcomes. Representation must be tailored accordingly.

While each case is different, a public inquiry typically involves:

• Receipt of a call-up letter setting out areas of concern

• Disclosure of DVSA evidence and reports

• Preparation of written representations and supporting evidence

• Attendance before the Traffic Commissioner

• Oral evidence and questioning

• A written decision issued after the hearing

Time limits, preparation quality and presentation all matter. Poor preparation often leads to findings that could otherwise have been avoided.

The most important work happens before the hearing. I assist clients with:

• Analysing the call-up letter and DVSA evidence

• Identifying regulatory risk and potential outcomes

• Advising on strategy and scope management

• Gathering and structuring evidence

• Preparing written representations and statements

• Addressing compliance failures and remedial action

• Advising on transport manager and governance issues

• Preparing clients for questioning

The aim is to present a credible, evidence-based narrative that demonstrates insight, responsibility and effective control.

At the public inquiry itself, I provide representation focused on clarity, proportionality and regulatory credibility. This includes:

• Presenting the case and submissions

• Responding to concerns raised by the Traffic Commissioner

• Managing questioning and evidence

• Addressing enforcement and compliance issues

• Ensuring procedural fairness

• Making submissions on outcome and proportionality

The way issues are framed and answered can have a direct impact on the decision.

Possible outcomes following a public inquiry include:

• No further action

• Licence conditions or undertakings

• Curtailment of authorised vehicles

• Suspension of the operator licence

• Revocation of the operator licence

• Disqualification of operators or individuals

• Findings affecting good repute

• Regulatory directions and monitoring

Where appropriate, I also advise on appeal rights, timescales and next steps.