Traffic Commissioner public inquiry lawyers

At the end of the inquiry, the Traffic Commissioner has the power to take regulatory action against your business. This can include:

• revoking your licence to operate vehicles
• disqualifying a company or its directors from operating vehicles
• reducing the number of vehicles that you are allowed to operate
• suspending your licence to operate vehicles

Our Traffic Commissioner public inquiry services

At Weightmans, our expert transport regulatory lawyers specialise in representing operators called to public inquiry by the Traffic Commissioner. We offer a truly nationwide service, regularly representing clients at hearings across the UK. We understand that your operator’s licence is a business-critical asset and that a bad outcome can have a severe impact on your business and its reputation.

Our specialist team of Traffic Commissioner public inquiry lawyers will work closely with you every step of the way. We will:

• examine the evidence and advise on any areas of risk or exposure
• identify any compliance shortcomings and, if necessary, help you to rectify these before the inquiry
• conduct a review into the transport compliance records that you will have to serve on the Traffic Commissioner in advance of the hearing
• prepare and serve witness statements, written representations and supporting evidence
• represent you at the hearing as your advocate

Why is a public inquiry conducted by the Traffic Commissioner?

There are many reasons the regulator may choose to convene a public inquiry, including:

• in the aftermath of a serious incident such as a bridge strike, wheel loss, fatal accident, driving offence, insecure load or roadside prohibition
• when there are suspected drivers’ hours or tachograph offences, or allegations of poor vehicle maintenance or roadworthiness
• as a consequence of an unsatisfactory DVSA compliance visit or desk-based assessment audit
• following a challenging application to vary a licence, change transport managers, increase a fleet authority or change operating centres
• when there has been an incident involving a company driver, or when a driver conduct hearing has been convened
• when there are questions over whether directors and transport managers are continuously and effectively managing the transport operations of the business

Traffic Commissioner preliminary hearings

Sometimes, before deciding to escalate a matter to a full public inquiry, a Traffic Commissioner will first call a preliminary hearing to examine the issues. Preliminary hearings are very similar to public inquiries. The two key differences are:

• They are usually held in private and therefore the reputational damage can be less severe;
• Regulatory action cannot be taken at a preliminary hearing. However, the case can be escalated to a public inquiry.

Preliminary hearings are therefore a final opportunity for a company to settle proceedings with the regulator, and thereby avoid a Public Inquiry being convened.

Hearings of this kind must therefore be treated with the utmost seriousness and care. Our transport lawyers have an excellent track record of settling proceedings for our clients at the preliminary hearing stage and thereby avoiding regulatory escalation.  

Witnesses and Traffic Commissioner public inquiry proceedings

Except in exceptional circumstances, the Traffic Commissioner will expect a director to attend to give evidence on the company’s behalf, alongside any nominated transport managers. If the inquiry follows an investigation by the Driver and Vehicle Standards Agency (DVSA), the Commissioner will usually call a DVSA investigating office to give evidence. Proceedings are a matter of public record and will be recorded, and it is not unusual for a Traffic Commissioner to take a robust approach to questioning.

Our transport regulatory advocates will work closely with you in advance of the hearing, addressing concerns and preparing witness statements and written submissions. During your inquiry, we will take you through your evidence and make submissions on your behalf.

Professional support

Traffic Commissioner public inquiries and preliminary hearings are high-consequence specialist regulatory proceedings. It is not unusual for a company to have no more than a few weeks’ notice of the upcoming hearing and so dedicated legal representation at the earliest stage is essential.