Traffic Commissioner's Public Inquiry
Public inquiries are just that an inquiry in Public.
The Traffic Commissioner will call an operator to a Public Inquiry (PI) if they have concerns about the conduct or suitability of an operator or operating centre. Normally this is due to a failure to comply with the undertakings made as part of the O Licence Regulations, and the Goods Vehicles (Licencing of Operators) Act 1995, but not always.
While Public Inquiries are "a Court of Law" there are no formal rules of evidence and you do not necessarily require a solicitor. In fact in many straight forward cases a Transport Manager or Consultant with experience of Public Inquiries can be beneficial as they have a better understanding of how the regulations are implemented in practice than some commercial solicitors. In more complex cases we work with transport legal professionals and work with them and you to achieve the best solutions. If you would like more information or an informal discussion please contact us.
In addition Transport Managers and Consultants can provide the support you need to address the issues through mentoring, training and audit.
Traffic Commissioners are like Judges in court cases and have wide ranging powers. They can revoke, suspend or curtail (reduce the number of vehicles) an operators licence, and in certain cases can remove the "good repute" from Transport Managers and company directors preventing them from being associated with other Operator licences.
We have a good track record in Public Inquiries based on our approach of demonstrating what we (you and us) have done to correct the problems, answering the Traffic Commissioners questions as to whether the operator is fit to continue to operate.
The undertakings operators have to comply with under the terms of the act, are:
The rules on driver's hours and tachographs are observed and proper records are kept.
Motor vehicles and trailers are not overloaded.
Vehicles will operate within speed limits.
Motor vehicles and trailers, including hired vehicles and trailers, are kept fit and serviceable.
Drivers report promptly any defects or symptoms of defects that could prevent the safe operating of vehicles and/or trailers, and that any defects are promptly recorded in writing.
Records are kept (for 15 months) of all driver defect reports, all safety inspections, routine maintenance and repairs to vehicles and trailers, and these are made available on request.
In respect of each operating centre specified, that the number of authorised motor vehicles & trailers kept there will not exceed the maximum numbers recorded against the operating centre.
If you need more information or would like to discuss a particular problem,
in confidence please e-mail us or call on 01275 390001
Our Diverse Range of Clients include:
- owner drivers to multi-national hauliers
- national charities to Government enterprises
- all sectors from food distribution & groundworks to art galleries & road management companies
Qualifications and Memberships
- RSA Certificate of Professional Competence (CPC Holder)
- Class One LGV licence with over 25 years practical experience
- IOSH qualified (Institute of Occupational Safety & Health)
- Graduate in Transport Management & Economics
- Freight Transport Association
- Chartered Institute of Logistics & Transport
- Chartered Institute of Personnel and Development
- Federation of Small Businesses
- Driver CPC Training