Traffic commissioner public inquiries

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1. Overview

Traffic commissioners are responsible for licensing and regulating operators of heavy goods vehicles (HGVs), public service vehicles (PSVs) and local bus services. They can also take action against their drivers.

They can call a formal public inquiry in a court to get more evidence to help them decide if they should:

  • grant or refuse licences for HGV or PSV operators
  • take action against a vehicle operator, bus service operator or driver of a bus, minibus or lorry

This might be if someone has objected to a licence being granted or the traffic commissioner thinks an operator may have broken the terms of their licence.

A vehicle or bus service operator can also request a public inquiry but the traffic commissioner doesn’t have to hold one.

2. Objecting to a licence

Licence applications are made public. Objections can be made by certain public bodies and in some cases individuals.

Objections by public bodies

Bodies that can object to a licence application include:

  • local and planning authorities
  • the police
  • some trade associations and trade unions

When a public body can object

A public body can object to a licence about the:

  • professional competence of the operator or its transport manager
  • operator’s finances
  • operator’s reputation or fitness to hold a licence
  • operator’s arrangements for vehicle maintenance and drivers’ hours
  • operating centre’s environmental standards and general conditions

Objections must be put in writing to the traffic commissioner within 21 days of a licence application being made public.

You can see the latest applications and traffic commissioner decisions in the regularly updated ‘Applications and Decisions’ guides for goods vehicles and the ‘Notices and Proceedings’ guides for public service vehicles (PSVs).

Read the guide on goods vehicle operator licensing for further information.

Objections by individuals (representations)

If a vehicle operator wants to add an operating centre to a licence or make changes to an existing centre, owners and residents of land nearby can object. This is called a ‘representation’.

However, representations must be about environmental issues, such as concern over noise, and only if they’re going to affect the owner or resident’s ‘use or enjoyment’ of the land.

Read the guide on making a representation or complaint for further information.

3. Being called to a public inquiry

You may have to attend a public inquiry if:

  • someone has objected to your application for a licence or change to a licence
  • you have not kept to the conditions of your licence, for example you’ve used more vehicles than permitted
  • there are environmental concerns about a goods vehicle operating centre on your licence
  • your conduct has come into question, for example you’ve been caught using a mobile phone while driving

You’ll get a letter with all the details.

Notice to attend

You’ll get a minimum of:

  • 28 days’ notice if the inquiry is about a transport manager
  • 21 days’ notice if the inquiry is about a new or existing goods operator licence
  • 14 days’ notice if the inquiry is about a new or existing passenger operator’s licence

You cannot ask for the hearing to be changed to another date, unless you have a good reason that can be backed up. For example, if you’re going on holiday, you may need to send evidence to show it was pre-booked.

4. At the public inquiry

You can decide to represent yourself or ask someone to represent you, such as a lawyer. This could be someone else like a transport consultant if the traffic commissioner agrees.

Evidence is not given under oath but witnesses have to tell the truth.

If you do not tell the truth you could lose your licence or criminal charges may follow.

What happens at the hearing

Report to the inquiry clerk as soon as you arrive. The traffic commissioner will then:

  • decide whether oppositions should be heard
  • listen to the application outline and ask questions about it
  • listen to objectors or a Driver and Vehicle Standards Agency (DVSA) traffic examiner outline their cases and ask questions
  • ask applicants and objectors to present their cases in detail - they or any of the parties may ask questions
  • question applicants on how conditions added to the licence may affect their business
  • ask applicants and objectors to sum up their cases

The traffic commissioner will announce their decision at the time, or give it in writing later, usually within 28 days.

5. Decision and penalties

The traffic commissioner can decide to:

  • refuse to grant a licence
  • refuse to vary an existing licence
  • attach conditions to a licence
  • grant a licence allowing fewer vehicles than the number applied for
  • impose financial penalties on registered bus service operators
  • end or suspend an existing licence
  • disqualify an individual or a company from having a licence
  • disqualify transport managers

You can appeal against the decision.

6. Appeals

You can appeal to the Upper Tribunal against a traffic commissioner decision (form UT12).

You must send the form to the tribunal within 1 month of the traffic commissioner’s written decision. The address is on the form.

Find out more about making an appeal to the Upper Tribunal.

7. Further information

The Office of the Traffic Commissioner has produced a detailed guide to traffic commissioner public inquiries. It includes further information on:

  • how you might be called to an inquiry
  • how you might find out if an inquiry is to be held
  • how they work on the day