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03/07/24

Navigating a Traffic Commissioner Public Inquiry

Navigating a Traffic Commissioner Public Inquiry
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Traffic Commissioners are independent regulators responsible for regulating and licensing operators of heavy goods vehicles (HGVs), public service vehicles (PSVs) and bus services. They ensure that these operators and their drivers comply with the required safety and operating standards.

When any issue of concern arises, for example where there maybe breaches of compliance, a Traffic Commissioner may call a Public Inquiry to determine whether the operator or driver should be allowed to continue operating.

Mohammed Ahmed of KANGS briefly outlines the nature and procedure of a Public Inquiry.

Potential Reasons for a Traffic Commissioner Public Inquiry

Amongst the reasons why an Inquiry may have been convened are:

  • belief that an operator licence is not been operated in an appropriate manner,
  • an application for an operator’s license has been submitted which has created cause for concern,
  • an existing operation has attracted complaints from local residents,
  • a driver’s conduct may be unsatisfactory,
  • poor vehicle maintenance is suspected.

Summoned to a Public Inquiry: What you need to know

Preliminary

A letter, often known as a ‘Calling in Letter’ will be sent by the Office of the Traffic Commissioner:

  • detailing the time, date and location of the Public Inquiry,
  • setting out brief details of the issues of concern to the Traffic Commissioner (a full brief containing all relevant information will be provided separately).
  • containing Case Management Directions dealing with, amongst other things, proposed attendees and evidential service requirements.

Appeal

The decision of the Traffic Commissioner can be appealed to the Administrative Appeal Chamber (Transport) of the Upper Tribunal.

The Decision Letter, provided by the Office of the Traffic Commissioner, will outline the procedure for filing an appeal.

How We Can Help You

Any concerns raised by the Office of the Traffic Commissioner, whether in a ‘calling in letter’ or otherwise will be the cause of considerable concern, given the severe consequences which would arise from any form of disqualification or restriction.

Therefore, it is vital that you immediately seek experienced legal advice and guidance should such possibility arise.

The Team at KANGS has considerable experience in supporting clients who face challenges with the Traffic Commissioner. We also specialise in reviewing current operating systems and providing recommendations for any necessary changes which ensure compliance with the relevant Regulations in advance of a Public Inquiry.

Should you wish to discuss your matter further, please contact our team through any of the following:

We welcome enquiries by:

Tel:       0333 370 4333

Email: info@kangssolicitors.co.uk

We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through live conferencing or telephone.

Hamraj Kang

Hamraj Kang
Senior Partner

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Mohammed Ahmed

Mohammed Ahmed
Associate

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