For HGV operators and transport managers, understanding public inquiries is key to maintaining compliance and protecting your operator’s licence. These formal hearings, conducted by Traffic Commissioners, address licence applications, operating centre reviews, and regulatory matters. Here’s everything you need to know.
What is a Public Inquiry?
A public inquiry is a formal session where a Traffic Commissioner examines evidence related to an operator’s licence. There are three primary types:
1. Licence Applications: Reviewing new applications or changes to existing licences.
2. Operating Centre Reviews: Evaluating the suitability of an operating centre, especially regarding environmental factors.
3. Regulatory Inquiries: Investigating compliance breaches, often involving the Driver and Vehicle Standards Agency (DVSA).
Why Might You Be Called to a Public Inquiry?
Traffic Commissioners may initiate a public inquiry in situations such as:
- Licence Applications: If there are objections or doubts about the applicant’s fitness.
- Regulatory Concerns: Issues like vehicle maintenance failures or breaches of drivers' hours.
- Transport Manager Reviews: When questions arise about a transport manager’s repute or competence.
How Will You Be Notified?
Operators, applicants, and transport managers receive written notices detailing the inquiry’s purpose, relevant laws, and evidence under review. Typical notice periods include:
- 21 Days for goods operator’s licences.
- 14 Days for passenger operator’s licences.
- 28 Days for inquiries concerning transport managers.
Preparing for a Public Inquiry
Preparation is crucial:
- Review all relevant documents.
- Ensure financial records demonstrate stability.
- Confirm compliance with vehicle maintenance and drivers' hours regulations.
Who Should Attend?
It’s essential for the following individuals to attend:
- Sole traders, partners, or at least one company director.
- The transport manager if their role is under scrutiny.
While legal representation isn’t provided, hiring a solicitor, barrister, or experienced transport consultant can significantly benefit your case.
What Happens During the Hearing?
Public inquiries are formal events where the Traffic Commissioner will:
- Explain the purpose and structure of the inquiry.
- Examine evidence from all parties involved.
- Allow cross-examination and direct questions.
Make sure all necessary documents, such as maintenance logs and financial statements, are ready and submitted in advance.
The Outcome and Your Right to Appeal
Decisions are usually announced on the day and confirmed in writing within 28 days. If the decision is unfavourable, you can appeal to the Administrative Appeal Chamber (Transport) of the Upper Tribunal.
Key Takeaways for HGV Operators
- Prioritise Compliance: Regular checks ensure your operations meet legal requirements.
- Be Thoroughly Prepared: Proper documentation and proactive management can sway outcomes.
- Consult Experts: Professional advice from transport consultants or legal advisors can guide you through complex issues.
Grasping the public inquiry process helps protect your business and maintain a strong standing with the Traffic Commissioner.
