Prepare for a Traffic Commissioner public inquiry

Start preparing the day the letter arrives. A public inquiry can end in the loss of your licence, so work through the steps below in order.

Understand why you have been called

The Commissioner decides on the balance of probabilities, so only needs to be satisfied that something more likely than not happened.

The letter calling you explains why the inquiry is being held, the legislation it is called under and the evidence the Commissioner will consider. Read it first and keep it, because everything else depends on it.

Decide who will represent you

No duty solicitor attends, legal aid is not available, and the Commissioner cannot award you costs. Choose someone who knows operator licensing law and what Traffic Commissioners expect, because not every lawyer or consultant does. Give your representative the calling-up letter as soon as you can, and tell the Office of the Traffic Commissioner who will attend.

Read the evidence and follow the directions in the letter

The letter includes directions about documents you must send before the hearing. They are usually vehicle maintenance records and evidence that you comply with drivers' hours rules. Send them to the Office of the Traffic Commissioner by the date given, in the form asked for.

Go through the evidence against you line by line with your representative. Note any factual errors, missing context and mitigating circumstances.

Show that your systems now work

The Commissioner weighs what counts against you and what counts in your favour. Two questions drive the decision: how likely is it that you will comply in future, and is the conduct so serious that you ought to be put out of business? Promises you have not tested carry little weight, and what you have done carries more.

Build your case on evidence that shows what went wrong, why, what you changed and that the changes work:

• safety inspection sheets, defect reports and repair records for the period in question, including the walkaround checks your drivers do
• tachograph downloads and your analysis of any infringements, with what you did about each one
• training records for drivers, transport manager and anyone who runs your compliance systems
• new procedures, staff or software, with the dates you put them in place
• the results since: clean inspections, fewer defects, audit findings

You can offer undertakings, for example to have an independent audit of your systems carried out. The auditor must be free of conflict and must not have helped you build the systems being audited. DVSA publishes a list of auditors approved for its earned recognition scheme, which is a sensible place to start.

If the letter says the Commissioner is considering your finances, expect three questions: how much money can you find, how quickly, and where will it come from. You must show that enough money is available continuously, so a short-term loan repayable soon will not do.

Attend and give your evidence

A sole trader or a partner should attend, and so should at least one director of a company or limited liability partnership. If you want a senior representative to attend instead, ask the Commissioner first and bring written authorisation from the board. If your transport manager's repute is in question, the transport manager is called separately and gets at least 28 days' notice.

If you do not attend, the Commissioner can decide your case without you. Adjournments are rare and need a good, supported reason, for example evidence that a holiday was booked before the date of the letter. Tell the Office of the Traffic Commissioner at least 2 weeks ahead if you need an interpreter or adjustments.

Arrive at least an hour early with the letter, your case papers and photo ID. Evidence is not given on oath, but you must tell the truth. Untrue evidence can lead the Commissioner to find that you are not of good repute, and can be reported to the police. The hearing is open to the public. If you need to give financial or medical information, ask for that part to be heard in private.

After the decision

If undertakings or conditions are imposed, diarise every deadline and keep proof that you met each one. Breaking an undertaking is itself a ground for further action. A formal warning counts against you if there is a later inquiry.

The Upper Tribunal asks whether the Commissioner was plainly wrong, and it will admit new evidence only if you could not have obtained it with reasonable diligence for the inquiry. Arguing that the Commissioner gave too much or too little weight to a piece of evidence is unlikely to succeed.

A revocation or suspension can take effect at once. Ask the Commissioner for a stay straight away, and if it is refused you can apply to the Upper Tribunal for one.