Can a Restricted Licence Holder Be Called to a Public Inquiry?

Many Restricted Licence holders assume that because their operation is smaller or less complex, they are unlikely to face a Public Inquiry (PI).

The truth is, any operator with compliance concerns—big or small—can be called to a PI by the Traffic Commissioner.

This post explains when and why Restricted Licence holders are called to Public Inquiries, what the process entails, and how to prepare effectively.

⚖️ What Is a Public Inquiry?

A Public Inquiry is a formal legal hearing conducted by a Traffic Commissioner to assess whether an operator remains fit and proper to hold a licence.

It can result from:

• DVSA enforcement action

• Failure to maintain standards

• Financial concerns

• Repeated infringements or prohibitions

• Complaints or whistleblower reports

🛑 Why Might a Restricted Licence Holder Be Called to a PI?

Restricted Licence holders are often summoned for issues such as:

Reason	Explanation
Vehicle safety defects	Serious or repeated prohibitions by DVSA
Poor maintenance management	Lack of regular inspections, repairs, or records
Tachograph breaches	Non-compliance with driver hours regulations
Financial standing concerns	Insufficient funds to maintain operation
Record-keeping failures	Missing or inadequate documents
Failure to respond to DVSA	Ignoring correspondence or failing to act
Operating centre breaches	Parking vehicles at undeclared or unsuitable sites

🧾 How Does a Restricted Licence Holder Get Notified?

You will receive a Section 26 letter from the Office of the Traffic Commissioner, outlining:

• The reasons for the PI

• Date, time, and location of the hearing

• Instructions on submitting evidence or representations

• Deadlines for replies

It’s a serious legal notice and must be responded to promptly.

🏛️ What Happens at the Public Inquiry?

The process is the same for Restricted Licence holders as for Standard Licence holders:

• Presentation of evidence by DVSA and the operator

• Opportunity to respond and explain

• Questions from the Commissioner

• Deliberation and decision (sometimes immediate, often later in writing)

✅ How to Prepare

• Gather all relevant compliance records

• Prepare a clear explanation of any issues and corrective actions

• Consider seeking professional advice or representation

• Submit required documents by the deadline

🧠 Final Thoughts

A Public Inquiry can feel daunting, but it’s designed to ensure safe, compliant operators remain on the road.

Restricted Licence holders are not exempt from this process — if issues arise, you must face them head-on.

Proper preparation, honesty, and proactive compliance are your best defenses.

Next in the series:👉 Top Tips for Managing Your Vehicles Without a TM