What Happens at a Public Inquiry for a Restricted Licence Holder?

For most Restricted Licence holders, the thought of a Public Inquiry is enough to cause a sleepless night — and rightly so.

A Public Inquiry (PI) is a formal hearing before a Traffic Commissioner, held when there are serious concerns about your compliance, financial standing, or road safety record. It’s not a ticking-off — it’s a legal process where your licence and livelihood are on the line.

This guide walks you through exactly what happens, why it happens, and how to prepare if you’re ever called to one.

⚖️ What Is a Public Inquiry?

A Public Inquiry is a quasi-judicial hearing conducted by a Traffic Commissioner to:

• Investigate potential breaches of licence undertakings

• Decide whether your licence should be suspended, curtailed, revoked — or allowed to continue

• Assess your “good repute” as an operator

• Consider any new licence application or variation that raises concerns

It’s a serious, formal process — and the outcomes can include:

• A formal warning

• Licence suspension

• Licence curtailment (reduction in vehicles)

• Licence revocation (cancelled entirely)

• Disqualification from holding an O Licence

📬 Why You Might Be Called to a Public Inquiry

Restricted Licence holders are typically called to PIs for issues like:

Reason	Explanation
🚫 Vehicle prohibitions	DVSA found serious safety defects at roadside or during inspection
🛠️ Poor maintenance regime	Missed PMIs, no walkaround checks, or unqualified repairers
📄 Missing records	Inadequate documentation for maintenance, drivers, or tachographs
💳 Financial standing issues	Inability to prove required funds or poor financial health
🕒 Tachograph breaches	Driving without a card, in-scope activity ignored, or no data retained
📉 OCRS red rating	Repeated infringements trigger closer scrutiny
🤝 Application concerns	When applying to add vehicles, change centres, or apply fresh

⚠️ Just because you have a Restricted Licence doesn’t mean the rules are relaxed — quite the opposite. Many Restricted Operators are called to PI for basic oversights.

🧾 What You’ll Receive

If you're being called to a PI, you’ll typically receive a Section 26 letter from the Office of the Traffic Commissioner.

This will include:

• The date, time, and location of the hearing

• The issues being considered (e.g. breach of undertakings, prohibitions, tachograph offences)

• A request for supporting evidence you must submit before the hearing

• A deadline for submissions (often 7–14 days prior)

Do not ignore this letter. It is your legal notification. Failure to engage is likely to result in licence revocation by default.

🏛️ What Happens at the Hearing?

A Public Inquiry usually takes place at an Office of the Traffic Commissioner — often in a tribunal room setting.

The process typically involves:

1. Introductions and Formal Opening

You’ll be invited to sit opposite the Commissioner, who opens the hearing with the case details.

2. Review of the Evidence

The Traffic Commissioner will go through:

• DVSA reports

• Any previous history of non-compliance

• Your submitted documents (if any)

• Your explanation and supporting material

3. Your Opportunity to Respond

This is your chance to:

• Admit mistakes and explain why they happened

• Show what you’ve done to fix the problems

• Demonstrate current compliance

• Provide evidence of good repute and responsibility

You can speak for yourself or appoint a transport consultant, solicitor or barrister to represent you.

4. Questions and Scrutiny

Expect direct questions from the Commissioner. For example:

• “Why were no PMIs carried out between January and April?”

• “Why did you allow a vehicle with worn brakes to remain in service?”

• “Who was responsible for record-keeping?”

• “Can you show me your maintenance file?”

5. Decision and Outcome

You may be told the decision at the end of the hearing, or it may be posted to you in writing. Some decisions are reserved for later.

🛑 Possible Outcomes

The Traffic Commissioner has wide discretion. Outcomes may include:

Outcome	What It Means
Formal warning	Licence continues, but you’re on notice
Undertakings accepted	You agree to specific improvements (e.g. audit, training)
Curtailment	Reduction in vehicles or restrictions on licence use
Suspension	Licence paused temporarily (usually 1–3 months)
Revocation	Licence cancelled — you must cease operations
Disqualification	You may be banned from applying again for a set time

🧠 How to Prepare for a Public Inquiry

Your preparation is critical. Don’t walk in cold.

✅ 1. Gather Every Relevant Record

Including:

• Maintenance planner

• PMI sheets

• Defect reports and repairs

• Driver licence checks

• Insurance documents

• Tachograph data (if applicable)

• Financial evidence (bank statements)

✅ 2. Write a Summary Statement

Explain what happened, why, and — most importantly — what you’ve done about it.

✅ 3. Create a Compliance Improvement Plan

Show you’ve taken the issues seriously by:

• Hiring a consultant for a one-off audit

• Implementing a walkaround check system

• Switching to a qualified maintenance provider

• Keeping digital records

• Setting up monthly internal reviews

✅ 4. Be Honest and Respectful

Trying to bluff or deflect will only harm your credibility. The Commissioner is looking for:

• Honesty

• Accountability

• Evidence of improvement

🧑‍💼 Do You Need Representation?

You’re allowed to represent yourself at a PI — and many small operators do. But if the issues are serious or you’re unsure how to present your case, consider getting help from:

• A transport consultant

• A solicitor experienced in regulatory law

• A trade body (e.g. RHA, FTA) if you’re a member

✅ Final Thoughts

A Public Inquiry is not a place for excuses — it’s a last chance to prove you’re fit to operate.

Don’t panic — prepare.

If you take responsibility, bring evidence, and show genuine change, many PIs end in warnings or agreed undertakings.

But ignore the process, show up unprepared, or fail to act — and the consequences can be severe.

Next in the series:👉 Should You Hire a Transport Consultant?