What a public inquiry is
A public inquiry is, in the words of the Traffic Commissioners' own guide to hearings, "a formal tribunal hearing, where a traffic commissioner is the decision maker." There are three main kinds: inquiries to decide licence applications, reviews of goods vehicle operating centres, and regulatory inquiries where the future of an existing operation is considered.
Inquiries are usually held in person, in the tribunal room of the relevant Office of the Traffic Commissioner, although some are held remotely. They are open to the public, but a Commissioner will consider, on request, hearing sensitive evidence such as financial or medical information in private. Evidence is not given on oath, but witnesses must tell the truth, and the guide warns that failing to do so could lead to a finding that the person is not of good repute or fit to hold a licence.
The standard of proof is the civil one. The Commissioner only needs to be satisfied that a case is proved "on the balance of probabilities", not beyond reasonable doubt.
Why operators are called
Section 26 of the Goods Vehicles (Licensing of Operators) Act 1995 lets a Traffic Commissioner revoke, suspend or curtail a licence on a range of grounds, including breach of licence conditions, relevant convictions or fixed penalties within the previous five years, statements in the application that were false or have not been fulfilled, unfulfilled undertakings, and a material change in the licence holder's circumstances. For standard licences, section 27 requires revocation if the holder no longer meets the requirements of good repute, appropriate financial standing, professional competence or establishment, or if its transport manager no longer meets theirs.
In practice, many regulatory inquiries follow a DVSA investigation, prohibitions at the roadside, a maintenance investigation, or drivers' hours and tachograph offences.
Warning letters, interviews and preliminary hearings
Not every compliance problem leads straight to an inquiry. The Senior Traffic Commissioner's Statutory Documents describe several alternatives:
- Warning letters. For minor failings, staff may write asking for an explanation within a set time. A satisfactory reply can lead to an alternative disposal.
- Senior team leader interviews. A meeting with senior Office of the Traffic Commissioner staff, used in cases that fall short of an obvious need for a hearing. Statutory Document 10 says these are unlikely to be appropriate where there are real concerns about repute, professional competence or financial standing, or large-scale drivers' hours failures.
- Preliminary hearings. Statutory Document 9 states that these "are not public inquiries". They can be used in borderline cases or to narrow the issues in complex ones, and they are recorded in the same way as an inquiry.
Treat any of these as seriously as an inquiry.
The call-up letter
The GOV.UK public inquiry guidance sets the minimum notice:
| Who is called | Minimum notice |
|---|---|
| Goods vehicle operator or applicant | 21 days |
| Passenger vehicle operator or applicant | 14 days |
| Transport manager | 28 days |
Statutory Document 9 adds that the Office often aims to send letters 28 to 35 days ahead, though this is not mandatory. The letter should set out why the inquiry is being held, the legislation it is called under, the evidence the Commissioner will consider, what action might be in contemplation, and any further information the operator must supply. It will normally ask for documents to be sent in by a set date. GOV.UK notes that you cannot ask for a different date unless you have a good reason that can be backed up.
What evidence to bring
The guide says the documents most commonly requested in advance relate to vehicle maintenance and compliance with drivers' hours. Statutory Document 9 says any other evidence a party wants to rely on must be lodged "at least seven days in advance", and that any bundle "should be scheduled or indexed". The Upper Tribunal has expressly disapproved of serving documents on the day or shortly before.
Depending on the issues in the letter, a well-prepared operator's bundle is likely to include:
- safety inspection records and the maintenance planner covering at least the last 15 months;
- driver defect reports, showing how each defect was assessed and repaired;
- brake test results, MOT history and any prohibitions, with the action taken on each;
- drivers' hours and tachograph analysis reports, infringement records and the follow-up with drivers;
- driver licence checks and training records;
- the transport manager's records showing how they manage the operation;
- financial evidence, where finance is in issue.
On finance, the guide is specific: adequate finance must be available continually, and short-term solutions such as temporary loans "that are to be repaid in the near future" are not enough.
On the day
The guide advises arriving at least an hour early with the call-up correspondence, case papers and photographic identification. The Commissioner is addressed as "Commissioner" or "Sir" or "Madam". Typically the DVSA evidence is outlined, the operator and transport manager are questioned, and parties sum up. The hearing is recorded for a possible transcript, and nobody else may record it.
You may represent yourself or be represented by counsel or a solicitor, or by someone else such as a transport consultant if the Commissioner agrees in advance. There is no duty solicitor and no legal aid.
Possible outcomes
The powers include refusing or varying applications, attaching conditions, recording undertakings, curtailing, suspending or revoking the licence, and disqualifying the operator and, for companies and partnerships, its directors or partners (section 28). The Commissioner may also take no action, or give a formal warning. Statutory Document 10 notes that a warning is not a direction under the legislation, but if it is ignored it will count at any future inquiry.
Annex 4 of Statutory Document 10 (version 15.0) sets out suggested starting points. The Commissioner can move up or down from them, and the Senior Traffic Commissioner states they cannot be used to predict the outcome of an inquiry.
| Starting point | Examples of regulatory action |
|---|---|
| Severe | Revocation, with detailed consideration of disqualification; extended suspension or significant indefinite curtailment that materially affects the operation |
| Serious | Revocation with consideration of disqualification; suspension for up to 28 days; significant time-limited curtailment |
| Moderate | Suspension for up to 14 days; curtailment that does not materially affect the operation, such as removal of the margin |
| Low | Formal warning that a further inquiry is likely to lead to action against the licence |
The transport manager
If a Commissioner finds that a transport manager is no longer of good repute, paragraph 16 of Schedule 3 to the 1995 Act requires an order disqualifying them from acting as a transport manager, indefinitely or for a set period. Before making that finding, the Commissioner must consider whether it would be a disproportionate response. The guide notes that transport managers may also be required to undertake rehabilitative measures, including re-sitting the qualification examination.
How the Commissioner decides
Statutory Document 10 asks the Commissioner to weigh positive and negative features. Positive features include effective management control, prompt and effective changes "with tangible evidence in support", co-operation with the investigation and an effective defect reporting system. Two questions from Upper Tribunal case law then frame the decision: how likely it is that the operator will comply in future, and whether the conduct is such that the operator "ought to be put out of business". The document puts the point plainly:
"Promises are easily made, what matters is whether those promises will be kept: actions speak louder than words."
Senior Traffic Commissioner, Statutory Document 10, version 15.0, paragraph 50
Findings are made as at the date of the inquiry and take account of improvements since the problems came to light. The time between the call-up letter and the hearing is therefore the operator's chance to show real change, not just intentions.
After the decision
Most decisions are given on the day and confirmed in writing within a few days. Otherwise, the written decision usually follows within 28 days of the Commissioner receiving all relevant information. An appeal to the Upper Tribunal is made on form UT12 within one month of the written decision. A Commissioner can direct that a suspension or revocation does not take effect until the appeal is decided; the guide advises applying for this stay at the earliest opportunity, and notes that it may be refused.
How to prepare
- Diary every deadline in the call-up letter, including the date for sending documents.
- Decide early whether to be represented, and brief your representative with the full papers.
- Deal with the underlying failings now, and keep evidence of each change: new procedures, training records, audits and follow-up.
- Build one indexed bundle covering every ground in the letter and lodge it on time.
- Make sure the transport manager attends and can explain, in their own words, how they manage the operation.
- Check your financial evidence covers the period the Commissioner will look at, not just the week of the hearing.
The Statutory Documents are reissued from time to time. This guide relies on Statutory Documents 9 and 10, version 15.0, which came into effect in March 2025; check the current versions on GOV.UK before relying on a specific paragraph.
Roadworthy can produce an indexed compliance pack for an inquiry from the records it already holds.
This guide is general information, not legal advice. If you have been called to a public inquiry, consider taking professional advice.