What happens at a public inquiry | Operator Licences
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What happens at a public inquiry

A public inquiry is a hearing, not a verdict. It is the point at which a traffic commissioner decides whether an operator can still be trusted with a licence — and the outcome ranges from no action at all to losing the business.

Why a licence gets called in

Roadside prohibitions and a poor maintenance record. Missed inspections, or inspection sheets that do not match the vehicles. Drivers’ hours offences and tachograph problems. Financial standing that can no longer be evidenced. A transport manager who turns out not to have been managing anything. Operating from a centre that is not on the licence, or with more vehicles than it authorises. Convictions, or a director connected to a licence that ended badly.

Applications are called in too — a new application with a difficult history behind it is decided at inquiry rather than on paper.

What the commissioner is weighing

Good repute for a standard licence, fitness for a restricted one. Both come down to the same question: can the authorities trust this operator to run vehicles safely and lawfully without being watched?

The Senior Traffic Commissioner’s guidance frames it as whether the operator has been, and can be, trusted. What went wrong matters; what matters at least as much is whether it was found and fixed by the operator or by an examiner, and whether the systems that missed it have changed.

What can happen

  • No action, or a warning that stays on the record.
  • Undertakings accepted onto the licence — an audit by a set date, a tighter inspection interval, training — which are then enforceable.
  • Curtailment: the number of vehicles authorised is cut, sometimes for a fixed period.
  • Suspension: the licence stands but nothing may run for a stated time.
  • Revocation: the licence ends.
  • Disqualification: a person or a company is barred from holding a licence for a period, which can be indefinite.

A transport manager can lose repute separately from the operator, and a driver can be dealt with in a separate conduct hearing.

How to prepare

Bring the evidence rather than the explanation. Maintenance records and inspection sheets for the whole period, tachograph analysis and what was done about the infringements it found, the financial evidence, the transport manager’s contract and time sheets, and a clear account of what has changed since the events in the call-in letter. An independent audit obtained before the hearing carries far more weight than one promised at it.

You may represent yourself and many operators do. Where the licence itself is at risk, most take a transport solicitor or a consultant who appears at these regularly — the procedure is unfamiliar and the stakes are the business.

Afterwards

Decisions are published, so both the call-in and its outcome are a matter of public record. There is a right of appeal to the Upper Tribunal, on a limited basis and to a deadline, and appealing does not by itself suspend the decision.

You can see what is listed and what has been decided: public inquiries coming up, and every published application, decision and regulatory action. The statutory documents set out how each test is applied.

Common questions

What is a public inquiry?
A formal hearing before a traffic commissioner where an operator, and sometimes a transport manager or a driver, answers concerns about a licence. Most are open to the public, and the decision is published afterwards.
What can a traffic commissioner do at a public inquiry?
Revoke a licence, suspend it, curtail it by cutting the number of vehicles authorised, and disqualify a person or a company from holding a licence for a period. A commissioner can also take no action, or accept undertakings.
Do I need a solicitor at a public inquiry?
You can represent yourself, and many operators do. Where the licence itself is at risk, or repute is in question, most operators take a transport solicitor or a consultant who does this work regularly.
Are public inquiry decisions published?
Yes. Traffic commissioners publish notices and decisions, so a call-in and its outcome are both a matter of public record.

Check a real licence

Everything above describes the rules. To see how they land on a particular business, look the licence up: the type, the fleet it authorises, where the vehicles are kept and anything the Traffic Commissioners have published about it.

Search the register Applications and decisions The market in numbers

Read next

  • The transport manager on a standard licence

    What the role has to cover, what counts as continuous and effective, and what an external manager can and cannot do.

  • Financial standing, and how to evidence it

    How much you need for the fleet you want, what counts as evidence, and what fails.

  • How to check a haulier or coach operator

    What you can verify before you hand somebody a load or book a coach, and what each check tells you.

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Contains public sector information licensed under the Open Government Licence v3.0. Source: Traffic Commissioners / DVSA.

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