Facing a Traffic Commissioner Public Inquiry

A public inquiry (PI) is the most serious regulatory action in the goods vehicle operator licensing system. It is a formal hearing before a Traffic Commissioner to decide whether you are fit to hold an operator licence. The stakes are high: outcomes range from compliance undertakings through to full licence revocation and personal disqualification.

If you have been called to a public inquiry, this guide explains what to expect, how to prepare, and what you can do to give yourself the best chance of a favourable outcome. Even if you have not yet been called, understanding the process helps you recognise warning signs early and take corrective action before matters escalate.

When this applies

You need this guide if:

• You have received a letter from the Office of the Traffic Commissioner calling you to a public inquiry
• DVSA has indicated it is referring your case to the Traffic Commissioner
• You have a Red OCRS rating and want to understand what may follow
• You have received repeated roadside prohibitions or fixed penalties
• A director, partner, or Transport Manager has been convicted of a relevant offence

How to prepare for your public inquiry

Step 1: Engage a specialist transport solicitor immediately

Public inquiries are quasi-judicial proceedings. Traffic Commissioners expect a professional standard of evidence and argument. A solicitor experienced in operator licensing knows what Traffic Commissioners look for and can present your case in the most effective way. General solicitors without transport licensing experience may not understand the specific regulatory framework.

The typical cost of legal representation ranges from around 2,000 to over 10,000 pounds depending on the complexity of your case, but losing your licence will cost far more in lost revenue, redundancies, and reputational damage.

Step 2: Read the DVSA evidence carefully

DVSA must disclose its evidence before the hearing. Review every document with your solicitor. Identify any factual errors, missing context, or mitigating circumstances. The evidence typically includes:

• Roadside check reports and prohibition notices
• Operating centre visit reports
• OCRS history and scoring data
• Tachograph analysis reports
• Annual test (MOT) pass/fail history
• Details of any criminal convictions

Step 3: Gather your compliance evidence

Collect and organise the following:

• Maintenance records: Safety inspection sheets, defect reports, repair invoices for the past 15 months minimum
• Tachograph data: Vehicle unit and driver card downloads, analysis reports, and evidence of infringement follow-up
• Training records: Driver CPC certificates, in-house training logs, compliance awareness sessions
• Remedial action evidence: What you have done since the problems were identified, including new systems, additional inspections, disciplinary action, or investment in equipment

Step 4: Demonstrate systemic improvement

Traffic Commissioners distinguish between operators who have addressed root causes and those who have merely fixed individual problems. Show that you have:

• Identified why failures occurred (not just what went wrong)
• Implemented new systems or procedures to prevent recurrence
• Invested in compliance (staff, training, equipment, software)
• Monitored the effectiveness of your changes over time

Step 5: Attend with all required people

Both the licence holder (or a director authorised to bind the company) and the nominated Transport Manager must attend. Non-attendance without an exceptional reason is treated very seriously and can result in immediate revocation. If you are a sole trader, you must attend personally.

Understanding possible outcomes

The Traffic Commissioner has a range of options. The Senior Traffic Commissioner's statutory guidance provides a framework, but each case is decided on its own facts. Outcomes typically escalate with the severity and frequency of non-compliance:

1. No action or formal warning: Concerns addressed. Recorded on your licensing history but no operational impact.
2. Undertakings: You commit to specific improvements. Breach of undertakings triggers a further inquiry with likely harsher consequences.
3. Conditions on licence: Mandatory requirements imposed (for example, more frequent inspections or regular compliance reports).
4. Curtailment: Authorised vehicle numbers reduced, limiting your operational capacity.
5. Suspension: Licence suspended for a specified period (typically 7 to 28 days). You cannot operate any authorised vehicles.
6. Revocation: Licence removed entirely. All operations must cease immediately.
7. Disqualification: You are personally disqualified from holding or being involved in an operator licence for a specified period (typically 1 to 10 years).

After the hearing

The Traffic Commissioner usually gives a decision at the end of the hearing, though complex cases may receive a written decision later. If the outcome includes undertakings or conditions, ensure you understand exactly what is required and by when.

Appeals

If you believe the Traffic Commissioner made an error of law or reached a decision that no reasonable Commissioner could have reached, you can appeal to the Upper Tribunal (Administrative Appeals Chamber) within one month of the decision. Appeals are on points of law, not a rehearing of facts. Your solicitor can advise whether you have grounds.

What to do next

• If you have received a PI notice, contact a specialist transport solicitor before doing anything else
• If you have a Red OCRS, review your compliance systems now to reduce the risk of referral
• If undertakings were imposed, diarise deadlines and document your compliance with each one
• Consider applying for DVSA Earned Recognition once your compliance record has stabilised