One of the main purposes of a traffic commissioner public inquiry is gathering evidence. They use formal inquiries to assist their decision on whether to take punitive action against operators and drivers.
This section explains what the traffic commissioner does and the role of the DVSA. Check what happens if you get called to attend a public inquiry and what penalties they can administer.
Traffic commissioners, along with their deputies, are responsible for:
Traffic commissioner responsibilities also include calling, and presiding over, formal public inquiries in a court of law.
As a rule, the primary aim of calling traffic commissioner public inquiries is to gain further evidence to help them decide whether to:
Public bodies (and individual citizens) can view vehicle operator licence applications. But, in most cases it will be a public body that makes an objection about the granting of a licence.
Besides the police, other public bodies that can object to a licence application, can include:
There are several different and valid grounds for objecting. But, some of the most common objections made to traffic commissioners will be about the:
Important: The time limit for submitting a written objection to the traffic commissioner is within 21 days of a licence application being made available to the public. The operator of a vehicle or bus service can also request a traffic commissioner public inquiry. But, there is no legal obligation for them to hold one.
The GOV.UK website provides several ways to see the most current applications and the latest decisions made by traffic commissioners:
It is not uncommon for a vehicle operator to add an operating centre to a licence. They might also want to make some changes to an existing operating centre.
In this case, the owners and the residents of land in the nearby vicinity can make a representation (object to it).
But, any representations made must be about environmental issues (e.g. noise or pollution). What's more, the issues must be affecting either the owner's or the resident's 'use or enjoyment' of the land.
Note: You can also read a guide about making representations, objections, and complaints with details on how to oppose HGV licence applications or the use of an operating centre.
There are several reasons why the operators or drivers of commercial vehicles may need to go to a public inquiry, such as if:
The local traffic commissioner would send you a letter about the need to attend a public inquiry. The letter would also contain further information on the details behind the objection.
As a general rule, you would not be able to request a different date for the hearing. You would need to have a genuine reason and some proof of why you are unable to attend (e.g. you pre booked a holiday for the hearing date).
You can choose to represent yourself in court or you can ask someone else to represent you (e.g. a lawyer). It can also be a transport consultant (providing the traffic commissioner agrees to it).
Even though the evidence would not be given under oath, any witnesses called to testify would have to tell the truth.
Not telling the truth at a public inquiry means you could lose your licence or be subject to criminal charges.
You should report your name to the inquiry clerk once you arrive at the hearing. Following that, the local traffic commissioner would:
Often, the traffic commissioner would announce their decision at the end of the hearing. If not, they may send it in writing at a later date (usually within 28 days).
There are several possible outcomes after attending the hearing. In most cases, the traffic commissioner would decide to (either):
You must use form UT12 to make an appeal to the Upper Tribunal against a Traffic Commissioner decision. Send it to the tribunal address (written on form UT12) within one (1) month of the date when the traffic commissioner made the written decision.
Note: Another section explains how to appeal to the Upper Tribunal (Administrative Appeals Chamber) in detail.
The Office of the Traffic Commissioner produce a guide to public inquiries to help operators and members of the public understand regulatory hearings held by Traffic Commissioners for Great Britain.
You will find further information on important topics, such as:
Traffic Commissioner Guide to Public Inquiries in United Kingdom