It will depend on the type of Public Inquiry being held as to the exact procedure which will be followed.
The procedure often begins with a visit from DVSA to the Operator’s premises. Sometimes, this is simply a routine visit, at other times it may be because the Operator is being specifically targeted as a result of worries over vehicle safety or general compliance.
Sometimes, the Operator or a representative will be formally interviewed under caution where there are thought to be serious issues. If you have been warned that you may be facing an interview, we would be happy to advise you and to represent you at that interview should you so wish; call our team on 0800 046 3066.
Alternatively, the Vehicle Examiner may informally question the Operator or his employees. In addition the Vehicle Examiner may want to look through the Operator’s records, to check that everything is in order, so it is crucial that these are readily available.
In cases involving environmental issues, the process is often started by objectors or representors raising objections to the Traffic Commissioner about the application or variation to the licence. The Operator will be informed by letter and have a chance to respond to the issues raised.
All Public Inquiries ultimately begin formally with a “calling up” letter which is sent to the Operator and any other people required to attend (for example the Transport Manager). The letter will set out the date, time and location of the hearing and the issues which are to be considered.
Unlike a regular court, the Traffic Commissioner very rarely grants adjournments. The hearings are adjourned only if there are very exceptional circumstances. If you do not attend when requested, your licence/application is likely to be refused/revoked.
If we are representing you, we will usually meet with you perhaps an hour ahead of the Inquiry to finalise matters. It is very important that you get there on time. If you get there before your Solicitor, you should inform reception that you have arrived.
If you wish to see this information in PDF please see our Guide to appearing at a Public Inquiry before a Traffic Commissioner
Further Advice – Before the Public Inquiry