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 does not 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
  • operator바카라 사이트™s finances
  • operator바카라 사이트™s reputation or fitness to hold a licence
  • operator바카라 사이트™s arrangements for vehicle maintenance and drivers바카라 사이트™ hours
  • operating centre바카라 사이트™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 바카라 사이트˜Applications and Decisions바카라 사이트™ guides for goods vehicles and the 바카라 사이트˜Notices and Proceedings바카라 사이트™ 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 바카라 사이트˜representation바카라 사이트™.

However, representations must be about environmental issues, such as concern over noise, and only if they바카라 사이트™re going to affect the owner or resident바카라 사이트™s 바카라 사이트˜use or enjoyment바카라 사이트™ 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 you바카라 사이트™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 you바카라 사이트™ve been caught using a mobile phone while driving

You바카라 사이트™ll get a letter with all the details.

Notice to attend

You바카라 사이트™ll get a minimum of:

  • 28 days바카라 사이트™ notice if the inquiry is about a transport manager
  • 21 days바카라 사이트™ notice if the inquiry is about a new or existing goods operator licence
  • 14 days바카라 사이트™ notice if the inquiry is about a new or existing passenger operator바카라 사이트™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 you바카라 사이트™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 commissioner바카라 사이트™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