Essential Guide for Preparing for a Public Inquiry

Facing a Public Inquiry (PI) can be a daunting experience for any operator, applicant, or transport manager. As senior consultants with years of experience navigating the complexities of traffic commissioner hearings, we understand the anxieties and challenges involved. This guide is designed to provide you with a clear, compelling roadmap to prepare effectively, ensuring the best possible outcome for your operation. Remember, early and thorough preparation is key, and we at Fleet Transport Consultants are here to guide you every step of the way.

1. Ensure Your Contact Details are Flawless

The first and most critical step is to **verify that your email and mailing address on the Vehicle and Operator Licensing (VOL) system are absolutely accurate**. The Traffic Commissioner's office will use the correspondence address recorded on your licence to send vital notifications, including your invitation to a Public Inquiry.

Why is this so crucial? We've seen cases where an operator's licence has unfortunately lapsed because they didn't receive their invitation to a PI. Unbeknownst to them, the Traffic Commissioner proceeded with the hearing in their absence and subsequently decided to revoke their licence. Don't let a simple administrative oversight jeopardize your livelihood.

2. Deconstruct Your Public Inquiry Invitation

Once you receive your invitation, **do not rush through it**. Find a quiet space where you won't be disturbed and dedicate ample time to meticulously read and understand every detail. The letter will explain precisely *why* the Public Inquiry is being held and give details of the legislation it has been called under, together with the evidence the Traffic Commissioner will consider.

Make detailed notes of all key dates, requested documents, and specific concerns raised. This invitation is the foundation of your case, and a thorough understanding of its contents will inform every subsequent step of your preparation.

3. Don't Go It Alone – Call Us Immediately

The temptation might be to try and manage this process independently, but a Public Inquiry is a formal tribunal hearing, where a traffic commissioner is the decision maker. It's not a casual meeting; it's a legal process with significant implications for your operating licence and reputation.

Don't try to go it alone. As soon as you receive notification of a Public Inquiry, **contact Fleet Transport Consultants straight away**. Even if it's just a free phone call, our experienced team can provide initial guidance, help you understand the gravity of the situation, and ensure you take the correct first steps. While there's no "Legal Aid" available for representation , and duty solicitors are not present at the inquiry , seeking independent advice as soon as possible after receiving your letter is paramount. We can help you navigate this complex landscape.

Contact Fleet Transport Consultants Today

4. Secure Your Case Bundle Promptly

The letter advising operators and transport managers of a hearing will also include specific directions and instructions. It is usual for certain documents to be required to be sent in advance of a hearing. This is your "case bundle," and it might be emailed, sent by post, or increasingly, made available for download from an official cloud portal.

Get your hands on this case bundle without delay. It will contain the evidence and information the Traffic Commissioner has already considered, and it's essential for you to review it thoroughly to prepare your defence.

5. Be Meticulous in Gathering Your Evidence

This is where the rubber meets the road. Start systematically gathering all evidence relevant to the points raised in your Public Inquiry invitation. Commonly requested documents relate to vehicle maintenance records and evidence to show compliance with drivers' hours.

Be meticulous with your information. Organise everything clearly, logically, and comprehensively. Every piece of evidence should directly address a point the Traffic Commissioner is considering.

6. Consider Your Representation Options

Deciding whether you need formal representation at the Public Inquiry, or simply assistance in preparing your case, is a crucial decision. Any party to an inquiry can ask that someone represent them at that hearing. This can be a qualified advocate: Counsel (barrister in England and Wales or member of the Faculty of Advocates in Scotland), or a solicitor. Anyone else, including a transport consultant, can only speak if the agreement of the Traffic Commissioner is obtained in advance.

Fleet Transport Consultants can help you either way. We can either represent you directly, leveraging our deep understanding of operator licensing legislation and the Traffic Commissioners' requirements, or we can provide expert guidance and support to help you prepare your case thoroughly. If you decide to be represented, you should pass the letter calling you to the inquiry to your representative as soon as possible to allow sufficient time for proper preparation of your case and notify the Office of the Traffic Commissioner.

Discuss Your Representation Needs with Us

7. Proactively Address Areas of Non-Compliance

If you are aware of areas where your operation may not have been compliant, **take immediate action to rectify these issues**. Put fixes in place and start building a robust body of evidence to demonstrate these improvements for the Public Inquiry. One way of showing that you meet the conditions/undertakings on an existing licence is to bring the records requested in the letter calling you to public inquiry to the hearing.

Prepare a comprehensive statement that directly addresses all the points raised in your original call to Public Inquiry. This statement, backed by your new evidence, should clearly articulate the steps you have taken to ensure future compliance. Remember, the traffic commissioner will be concerned with the position of the operator at the date of the public inquiry.

8. Submit All Requested Information on Time

The letter advising operators and transport managers of a hearing will include specific directions and instructions. It is important that any document or evidence is sent to the relevant Office of the Traffic Commissioner in the time period stated, so that there is sufficient time for it to be properly considered.

**Set aside dedicated time** – at least 3-4 hours – to focus solely on submitting your documentation. Avoid distractions. If there are multiple emails or documents to send, label them clearly and meaningfully. For example, instead of "tire log," title your file "Wheel Re-torque Logs" to ensure clarity for the case worker and Traffic Commissioner. If documents are not received in accordance with instructions, a Traffic Commissioner may decide not to take them into account. This could have a negative impact for the operator or transport manager.

9. Be Responsive to Further Requests

It's not uncommon to receive further requests for information from the case worker or nominated examiner leading up to the inquiry. **Be prepared to respond promptly** and provide any additional evidence requested. Timeliness and thoroughness in these interactions demonstrate your commitment to addressing the concerns.

10. Attend the Public Inquiry Prepared and Professional

Unless instructed otherwise, **aim to arrive at the venue at least one hour before the inquiry is due to start**. Bring any correspondence informing you of the inquiry together with any case papers that were sent to you with the letter, and photographic identification. Register your attendance with the Public Inquiry Clerk and ensure your mobile phone is switched off before you enter the public inquiry room.

Public Inquiries are formal hearings, and persons attending are expected to show respect to others and for the proceedings themselves. Address the Traffic Commissioner as "Commissioner," or, if the tribunal user prefers, Sir or Madam. While evidence is not given under oath, witnesses are required to tell the truth at all times ; any failure to do so could lead to the traffic commissioner finding that the person is not of good repute or fit to hold a licence or to act as a transport manager. Furthermore, the giving of false evidence to a traffic commissioner could refer to the matter being referred to the police and criminal charges could follow.

The Traffic Commissioner will outline the nature of the proceedings to ensure that everyone understands why it is taking place and the procedures to be followed. You will have the opportunity to speak and to ask relevant questions , and you can expect to be questioned by the applicant/operator or their representative, and by the Traffic Commissioner themselves.

Throughout the process, remember that our goal at Fleet Transport Consultants is to empower you with the knowledge and support you need to navigate this critical stage. Contact us today for a confidential discussion about your specific situation.

Get Expert Guidance for Your Public Inquiry