What Happens at a Public Inquiry – and How to Avoid One

Legal Responsibilities of Licence Holders – Part 7

Introduction

For any operator — especially those with a Restricted Licence — a Public Inquiry (PI) is one of the most serious events you may face. It’s not just a meeting. It’s a formal legal hearing where the future of your Operator Licence is at stake.

A PI can result in:

• Licence revocation or suspension

• Licence curtailment (loss of vehicles)

• A warning or conditions imposed

• Disqualification as a licence holder or Transport Manager

But the good news is, most Public Inquiries are avoidable — if you understand what triggers them, how the process works, and how to get your compliance back on track before it's too late.

This detailed guide will show you:

• What a Public Inquiry is and why it happens

• The most common reasons operators are called in

• What happens during the hearing

• What decisions the Traffic Commissioner can make

• How to prepare (and avoid it altogether)

• How JS Transport Solutions can help if you receive a call-up letter

Table of Contents

1. What Is a Public Inquiry?

2. Who Is the Traffic Commissioner?

3. Why Are Operators Called to Public Inquiry?

4. Common Triggers for a PI

5. What Happens at the Hearing?

6. Possible Outcomes of a Public Inquiry

7. Preparing for a PI – Step-by-Step

8. How to Avoid a Public Inquiry

9. Case Studies: Lessons from the Real World

10. How JS Transport Solutions Supports Operators at PI

1. What Is a Public Inquiry?

A Public Inquiry is a formal hearing held by a Traffic Commissioner (TC) to investigate concerns about a licence holder’s ability to comply with their legal obligations.

It is:

• Held in a courtroom-like setting

• Conducted under oath

• Legally binding and recorded

• Open to the public (in most cases)

Public Inquiries are not informal chats — they are legal proceedings under the Goods Vehicles (Licensing of Operators) Act 1995, and the decisions made can end your business overnight.

2. Who Is the Traffic Commissioner?

Traffic Commissioners are independent regulators appointed by the Department for Transport to oversee the licensing and regulation of:

• Goods vehicle operators

• Passenger transport (bus and coach) operators

• Professional drivers (PCV & LGV)

Each TC is responsible for a region of Great Britain and has the power to:

• Grant or refuse licences

• Impose licence conditions or undertakings

• Suspend, curtail, or revoke a licence

• Disqualify individuals or companies

• Call operators and transport managers to inquiry

3. Why Are Operators Called to Public Inquiry?

You may be called to a PI if the TC believes that:

• You are not complying with your undertakings

• Your vehicles are not roadworthy

• You lack financial standing

• You failed to notify material changes

• You’ve received multiple prohibitions or fixed penalties

• You no longer meet the requirements to hold a licence

• Your business has changed significantly (e.g., new entity, operating centre)

For Restricted Licence holders, the most common reasons include:

• Poor maintenance records

• Operating from an unauthorised site

• No proof of financial standing

• Ignorance of compliance responsibilities

• Repeated roadside failures

4. Common Triggers for a PI

Here are real-world triggers we’ve seen lead to PI:

🚫 Three or more PG9 (prohibition notices) in 12 months

🚫 DVSA visit finding no maintenance records or inspection planner

🚫 Operating additional vehicles not authorised on licence

🚫 Tachograph non-compliance (for those subject to EU rules)

🚫 No daily walkaround check documentation

🚫 Operating under the wrong licence (e.g., using Restricted for third-party work)

🚫 Failure to update the TC after changing operating centre or company name

Often, the issue is not malice — but lack of knowledge or proper systems.

5. What Happens at the Hearing?

Here’s a breakdown of the Public Inquiry process:

📨 1. Call-Up Letter

You’ll receive a formal letter from the Traffic Commissioner explaining:

• Why you're being called to PI

• What evidence you must provide

• The date, time, and location of the hearing

You usually have 14–28 days to prepare.

📑 2. Prepare Your Case

This includes:

• Compliance documents

• Explanatory statements

• Corrective actions you’ve taken

• Supporting witness statements (if applicable)

🧑‍⚖️ 3. The Hearing

At the hearing, expect:

• An opening summary by the TC

• Evidence and reports presented by DVSA

• You or your representative to respond

• Direct questioning by the TC

• A decision — often delivered the same day

🧾 4. Decision Letter

You’ll receive the written outcome with any conditions or penalties imposed.

6. Possible Outcomes of a Public Inquiry

The Traffic Commissioner can take several actions:

Outcome	What It Means
✅ Licence Retained	No action taken – clean slate
⚠️ Warning Issued	Warning letter and monitoring
🧾 Conditions Imposed	Extra undertakings (e.g., audits)
📉 Licence Curtailment	Reduction in authorised vehicles
⏸️ Licence Suspension	Temporary removal of operating rights
❌ Licence Revocation	Licence cancelled entirely
🚫 Disqualification	Ban from holding a licence for a set period
👨‍💼 TM Disqualification	Transport Manager declared unfit

A revoked licence = you cannot legally operate — even for your own business.

7. Preparing for a PI – Step-by-Step

If you receive a PI call-up letter:

1️⃣ Don’t panic — but don’t ignore it

Failure to attend = automatic revocation.

2️⃣ Contact a compliance specialist

JS Transport Solutions offers Public Inquiry preparation support.

3️⃣ Gather your documentation

Including:

• Maintenance records (15 months)

• Inspection planner

• Defect reports and repairs

• Driver licence checks

• Financial proof

• Tachograph data (if applicable)

4️⃣ Prepare your statement

Explain what went wrong, how it happened, and what you’ve done to fix it.

5️⃣ Offer undertakings

You may propose additional commitments (e.g., third-party audits, regular file reviews) to demonstrate your willingness to improve.

6️⃣ Attend with support

Never go alone if you can avoid it — having a professional with you adds credibility and structure.

8. How to Avoid a Public Inquiry

The best Public Inquiry is the one that never happens. Here's how to stay off the TC's radar:

✅ Keep up-to-date maintenance records

✅ Operate only from authorised centres

✅ Comply with licence undertakings

✅ Keep to your vehicle limit

✅ Check driver licences and CPC status

✅ Notify the TC of material changes

✅ Download and analyse tachograph data

✅ Train staff and yourself on compliance

✅ Conduct monthly internal audits

✅ Engage professional support when needed

9. Case Studies: Lessons from the Real World

🧰 Restricted Licence Holder – Plant Hire Company

Issue: Operated from an unapproved operating centre after moving premises.Outcome: PI called. Operator had no proof of financial standing or site authorisation.Result: Licence revoked. Banned for 12 months.Lesson: Always notify changes and provide supporting documents.

🚛 Retail Delivery Operator with 3 Vans

Issue: Failed DVSA roadside with defective tyres and lights. No PMI planner.Outcome: Called to PI but used compliance coaching to fix gaps.Result: Received formal warning but kept licence.Lesson: Fast remedial action can save your licence — but act early.

10. How JS Transport Solutions Supports Operators at PI

If you’ve received a PI letter, or think one may be coming, we offer:

✅ PI Preparation Service

We help you:

• Understand the allegations

• Collect required evidence

• Draft written submissions

• Identify weak points in your compliance

• Propose corrective actions and undertakings

• Represent or support you on the day

✅ Post-PI Recovery Support

We work with operators after PI to:

• Meet new undertakings

• Restore compliance

• Prepare for follow-up audits

✅ Prevention and Coaching

Our compliance coaching services help you avoid ever reaching PI stage.

📞 Free PI prep call available – contact us at👉 www.jstransport.uk

Conclusion

A Public Inquiry doesn’t have to mean the end — but it should be a wake-up call. With the right preparation, response, and support, many operators have come through a PI stronger and more compliant than ever before.

But don’t leave it to chance. The best way to deal with a Public Inquiry is to never be called to one in the first place.

Let JS Transport Solutions help you avoid, prepare for, or recover from a Public Inquiry — we’re here to protect your licence and your business.

Next in the series: [How to Set Up a Maintenance System for Your Fleet]