How to Prepare for Public Inquiry before the Traffic Commissioner
If you have been called to a Public Inquiry as an Operator, you need to ensure that you act promptly to stand the best chance of retaining your Licence.
Tel: 01773 850 428
Posted on Aug 09, 2018
The Traffic Commissioner will call a Public Inquiry for a number of reasons, most commonly because of criminal convictions, breaches of Licence undertakings, referral by DVSA following issues with maintenance and Prohibition Notices being ordered.
The Traffic Commissioner has the power to issue a warning, curtail the Licence authorisation, suspend the Licence or revoke it entirely. There is a power to disqualify Operators and Transport Managers from holding a Licence or undertaking a Transport Manager role in the future.
The Traffic Commissioner will send a Brief, which contains all of the issues and evidence to be relied upon at the hearing. This is an important document and should be read thoroughly. If there is anything in dispute, you can ask that the Traffic Examiner can attend the hearing but you also have the opportunity to gather your own evidence to support your case.
You will be asked to produce a number of documents to show that you have met your obligations and it can be very useful to have a compliance auditor go through those documents with you. If there are shortcomings identified, you may have time to rectify these before the hearing or to have a realistic plan to become compliant. The Traffic Commissioner will be assisted by a written report of the audit and will often request a further audit after the hearing to show the improvements made.
As an Operator, you will be given credit from undertaking Operator Licence Awareness Training. As a Transport Manager, you can attend a CPC Refresher course.
You are entitled to be legally represented. Having an expert with you will make the process much smoother and ensure that you have prepared in the most effective way. When there can be so much at stake it pays to employ the services of specialist transport solicitors. Contact Anton Balkitis or Laura Newton at Rothera Sharp Solicitors on 0115 9100600. Or for further information see their dedicated website www.keepmeontheroad.co.uk
