What is the Traffic Commissioner and what is a Public Inquiry?
A Traffic Commissioner is responsible for the licensing and regulation of operators of heavy goods vehicles, buses and coaches. They are responsible for such licences in their region and there are currently 8 Traffic Commissioners presiding over:
- North west of England;
- West of England;
- North east of England;
- West Midlands;
- East of England;
- London and the South east;
- Scotland; and
- Wales
The Public Inquiry is a formal hearing with the Traffic Commissioner to assist them in deciding their next steps. An operator and their representative will guide the Commissioner through their evidence and will be cross-examined on what they are doing to ensure compliance.
Why have I been called to an Inquiry?
The Traffic Commissioner may have concerns over a variety of aspects to your business which can be placed under review at the Inquiry:
- The company is not fit to hold a licence or does not have sufficient financial resources to maintain vehicles;
- Vehicles are not maintained in a fit and serviceable condition;
- Issues with overloading;
- Issues with drivers hours regulations
Representation at a Traffic Commissioner Public Inquiry
- We represent operators at the Public Inquiry to present your information, guide you through the process and submit legal arguments on your behalf. We can help you to explain what you are doing to improve compliance and maintain fulfilment of the undertakings that were given at the time the licence was applied for.
- Having your business scrutinised can be a daunting prospect. You and your business will be judged from the moment you enter the Inquiry. We will identify the areas of concern and assist in rectifying them to demonstrate that you are a compliant and fit operator.
What sanctions can the Traffic Commissioner impose?
The Traffic Commissioner has a wide set of powers that can have serious implications on operators. They may:
- Issue a warning;
- Refuse to grant a licence;
- Refuse to vary an existing licence;
- Attach conditions to a licence;
- Ask an operator to make new undertakings;
- Reduce the number of vehicles the company is allowed to operate (“curtailment”);
- Impose financial penalties;
- Disqualify an individual or company from having a licence;
- Suspend a licence for a period of time; or
- Revoke a licence entirely.