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News, info and articles to help you keep up to date and answer the most common questions in the haulage industry.

News, info and articles to help you keep up to date and answer the most common questions in the haulage industry.

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How to Prepare for a Public Inquiry Before a Traffic Commissioner

29 December 2023

DVSA & Traffic Commissioner Regulatory Support

How to Prepare for a Public Inquiry Before a Traffic Commissioner

Occasionally, operators and transport managers may be called to a public inquiry before a Traffic Commissioner. Public inquiries deal with regulatory action against an O-licence, applications for an O-licence and variations to an O-licence where there is a previous adverse history or environmental objections and/or representations. If the public inquiry is about problems with compliance (the most common reason), then sanctions may be imposed which will adversely affect the operator’s business, such as:

• licence revocation

• suspension of the licence for a period

• reduction in the number of vehicles authorised.

In extreme cases, the operator may be disqualified from holding an O-licence altogether for a period of time. Consequently, it is important to fully prepare for the hearing. Operators, therefore, should consider these points of action.

• Read the “calling in” letter from the Traffic Commissioner’s office carefully and the attached brief setting out the issues.

• It is advisable to take legal advice from a practitioner specialising in road transport law.

• Take the calling-in letter and the Traffic Commissioner’s brief to the public inquiry.

• Ensure that any promises made in response to an adverse report by a DVSA examiner have been carried out before the public inquiry takes place.

• If you, the operator, wish to challenge the DVSA examiners’ evidence, request their presence at the public inquiry.

• It is recommended that you arrange an independent audit of your systems in place for compliance and implement any recommendations made. (We know a guy)!

• Take all relevant documentation to the public inquiry that supports the remedial action taken, including details of any staff training.

• Collate and take the original documentation requested in the calling in letter.

• Prepare a statement — from the operator and possibly the transport manager, along with statements from other supporting witnesses.

• Make sure all the documentation, reports and records that the Traffic Commissioner wishes to take into account are produced either before or at the hearing.

• Be prepared to inform the Traffic Commissioner what effect each of the possible sanctions would have on the business.

• Make plans to deal with the various possible outcomes to minimise the business risk.

• If the public inquiry has been called because of environmental objections or representations from neighbouring residents, prepare to outline the consequences of the business of any restrictive conditions imposed on the O-licence.

(Don’t forget to attend the public inquiry at the venue, date and time set!)

If you need our help or support with anything, please don't hesitate to contact us at info@hauliershub.uk

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