Public inquiries before a traffic commissioner are a critical part of the UK’s transport regulatory system. These formal hearings assess whether operators of heavy goods vehicles, public service vehicles and local bus services are fit to hold an operator’s licence and can also set the conditions to such licenses. While they are not criminal or civil proceedings, they can lead to severe outcomes for businesses - including the suspension or revocation of an operator’s licence, which could effectively shut down the ability to operate the business overnight.
In this guide, we outline:
The licensing and regulation regime concerning the operation of heavy goods vehicles (HGVs), public service vehicles (PSVs) and local bus services is overseen by the Office of the Traffic Commissioner (the regulator). It should be noted that this includes oversight of both the businesses that operate such vehicles and the actions of individual drivers. Where the traffic commissioner suspects any compliance failures, safety concerns, or has questions about the financial standing and professional competence of an operator, it may call the operator in to a public inquiry to investigate the matter further. These are formal proceedings, often in person, where a traffic commissioner will hear the case and make a decision.
In particular, a public inquiry may be triggered by:
One of the most common routes to a public inquiry before a traffic commissioner is following a compliance visit or check by the DVSA. These can often be roadside stops and will usually be looking to assess whether an operator is meeting obligations under their vehicle operating licence. If the DVSA identifies non-compliance, they can initiate an investigation and can refer their findings to the traffic commissioner, which could lead to a public inquiry being instigated.
Such compliance issues may include:
When a public inquiry is convened, the regulator will issue a letter to the license operator/applicant, calling them to attend a public inquiry, whilst also setting out the reasoning for why the proceedings are being held and the evidence that the traffic commissioner will consider.
Notification of a public inquiry will be issued with at least 21 days’ notice for goods vehicle operator licences, 14 days for passenger vehicle licences, and 28 days for inquiries concerning transport managers. These notice periods may be shortened with the agreement of the operator, applicant, or transport manager. They do not apply to adjourned hearings where notice has already been given.
A traffic commissioner has wide-ranging powers to impose sanctions, and the decisions made are legally binding. If a traffic commissioner finds during the public inquiry that an operator is not fit to hold a licence, they may:
The potential outcomes of a public inquiry before a traffic commissioner can therefore have severe consequences for business that rely of their goods or passenger vehicles to operate. For many operators, the loss of an operator’s licence can mean immediate loss of contracts, reputational damage, and financial collapse. It's for this reason that businesses must be fully prepared and must treat such proceedings with the utmost seriousness.
A public inquiry before a traffic commissioner is typically attended by a director/partners/owners, of the relevant operator or licence applicant. Sometimes the nominated transport manager of the operator may need to attend, and potentially a representative or investigator from the DVSA - particularly if the inquiry has been prompted by a compliance visit. Legal counsel or advocates may also be present to represent the parties involved. Additionally, witnesses such as vehicle maintenance providers or financial experts may be called to give evidence relevant to the case.
In summary, the hearing typically includes following key steps:
Given the potential consequences of a public inquiry before a traffic commissioner, preparation is essential. License operators/applicants should:
It should also be noted that in some circumstances, a preliminary hearing before a traffic commissioner may be convened prior to a full public inquiry. These are private regulatory hearings convened to address concerns about a transport operator’s compliance, particularly where the issues are considered relatively narrow and potentially resolvable. While not as severe as a public inquiry, it remains a formal process and should be taken seriously. If concerns are not adequately addressed at this stage, the matter may be escalated to a full public inquiry, which as illustrated above, carries more significant regulatory consequences.
A public inquiry is not just a regulatory formality. It's a pivotal moment that can determine the future of a business that relies on its transport fleet. The stakes are high, and the outcomes can be critical for operators, employees, and clients of such a business alike. Taking the process seriously, preparing thoroughly, and seeking expert support can make the difference between a business’ survival and closure.
If you're the subject to a preliminary hearing or public inquiry before a traffic commissioner, or have any further enquiries around such proceedings, our business risk and regulation team is here to help. Please get in touch with Ian Manners or Rhian Gravell.
