What Is a Public Inquiry? A Guide for Restricted Licence Operators

You’ve received a letter from the Office of the Traffic Commissioner. It says:

“You are required to attend a Public Inquiry concerning your Operator’s Licence…”

If you’re like most Restricted Operators, your heart sinks. You weren’t expecting this. You’re not a haulier. You only run a couple of trucks. What could you possibly have done wrong?

This guide explains:

• What a Public Inquiry is

• Why you might be called to one

• What happens at the hearing

• What powers the Traffic Commissioner has

• How to prepare

• How to protect your licence and business

What Is a Public Inquiry?

A Public Inquiry (PI) is a formal legal hearing held by the Traffic Commissioner to examine potential breaches of Operator Licence undertakings, road safety rules, or repute.

It’s not a criminal court — but it can have serious consequences, including:

• Curtailment (reducing the number of vehicles you can operate)

• Suspension of your licence

• Revocation of your licence

• Disqualification from operating vehicles in the future

It is a public, formal, recorded process — and should never be taken lightly.

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

Although Public Inquiries are more commonly associated with large operators, Restricted Licence holders are regularly called in for:

Reason	Examples
Maintenance failings	Missed inspections, dangerous defects, prohibitions
Tachograph issues	Misuse, lack of data, no training or downloads
Record-keeping failures	No paperwork, missing reports, poor administration
Operating centre breaches	Unauthorised parking, complaints from residents
Financial standing	Failing to prove funds, running at a loss
Ignorance of undertakings	“I didn’t know” is not a valid defence
Ignoring DVSA correspondence	Failure to engage is a red flag
Serious road safety issues	Repeated faults, traffic offences, collisions

What Triggers a Public Inquiry?

You may receive a call to PI if:

• You’ve had one or more prohibitions at roadside

• A DVSA desk-based assessment or site visit found serious gaps

• You’ve failed to respond to enforcement action

• There’s been a complaint about your Operating Centre

• You’ve submitted an application that raises concerns (e.g. change of entity, increased vehicle numbers)

Sometimes you’ll be given a chance to explain in writing before a PI is arranged. Take this opportunity seriously.

What Happens During a Public Inquiry?

1. You’ll receive a formal letter

   • This includes the date, location (or virtual meeting link), and reasons for the PI

   • It may be accompanied by a DVSA report or case file

2. You must confirm attendance

   • If you don’t attend, the PI may proceed in your absence

3. You can appoint a representative

   • A transport consultant or solicitor can attend with you

4. The hearing begins

   • The Traffic Commissioner reviews the facts, asks questions, and listens to your evidence

   • It’s formal — but you can speak freely

5. You’ll be asked to explain

   • Why the failures occurred

   • What steps you’ve taken since

   • How you plan to stay compliant

6. The Commissioner makes a decision

   • This may be given on the day, or in writing later

What Powers Does the Traffic Commissioner Have?

At a Public Inquiry, the TC can:

• ✅ Take no action (if satisfied)

• 🔁 Issue a formal warning

• ✂️ Curtail your licence (reduce vehicles allowed)

• ⏸️ Suspend your licence temporarily

• ❌ Revoke your licence entirely

• 🚫 Disqualify you from holding another licence

• 👥 Call connected persons or companies to account

The decision is based on evidence, honesty, and your ability to change.

How to Prepare for a Public Inquiry

If you’ve been called to PI, preparation is crucial.

✅ 1. Understand the Allegations

• Read the DVSA report thoroughly

• List every issue raised (e.g. PMI gaps, defect handling, tachograph data)

• Be ready to explain what went wrong and why

✅ 2. Gather Supporting Evidence

• Maintenance records

• Safety inspection reports

• Defect books and repair sheets

• Tachograph reports or logs

• Licence check records

• Training documents or policies

✅ 3. Show Remedial Action

• Have you changed providers?

• Implemented a planner or checklist?

• Started training or downloaded tacho data?

• Hired a consultant or External Transport Manager?

  
  

The TC doesn’t expect perfection — but they do expect action.

✅ 4. Be Honest and Professional

• Don’t blame others

• Don’t guess answers

• Be clear, factual, and show you understand your responsibilities

• Own your mistakes — and show how you’ll fix them

What Makes a Good Impression at PI

Positive Sign	Why It Matters
Well-organised documents	Shows control and care
Written policies or logs	Demonstrates proactive compliance
Timely responses to DVSA	Indicates cooperation
Evidence of improvement	Supports repute and reliability
Use of professional support	Shows you’re taking things seriously

Common Mistakes at PI

Mistake	Consequence
Saying “I didn’t know”	Not accepted as a defence
Turning up with no documents	Seen as disorganisation
Blaming staff	You are still legally responsible
Hiding problems	DVSA often already knows
Not turning up	Licence likely to be revoked in absence

Can You Appeal a Public Inquiry Decision?

Yes — you can appeal to the Upper Tribunal if you believe the decision was:

• Legally flawed

• Unfairly made

• Based on incorrect information

But appeals can be time-consuming and costly. It’s best to prepare properly the first time around.

Conclusion

A Public Inquiry is not the end — but it can be if you ignore it.

If you receive a call to PI, treat it as a wake-up call. The Traffic Commissioner wants to know whether you can be trusted to hold a licence going forward.

With preparation, honesty, and a willingness to improve, many operators emerge stronger — with their licence intact and systems upgraded.

Next in the series:👉 How to Prepare for a Public Inquiry and What to Expect