Public Inquiry Process With FAQs

Navigating the Public Inquiry Process: FAQs Answered

Being called to a public inquiry by the Driver and Vehicle Standards Agency (DVSA) can be a daunting experience for HGV operators. However, understanding the process and knowing what to expect can significantly reduce stress and help you prepare effectively. In this blog, we answer the most frequently asked questions about public inquiries to guide you through the process.

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What is a Public Inquiry?

A public inquiry is a formal hearing conducted by a Traffic Commissioner to determine whether an operator’s licence should be revoked, suspended, curtailed, or allowed to continue with conditions. It is usually triggered by concerns over compliance with operator licence requirements or other serious issues.

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Why Have I Been Called to a Public Inquiry?

Common reasons include:

- Non-Compliance with Operator Licence Conditions: Failing to meet the terms of your licence, such as exceeding vehicle authorisations or neglecting vehicle maintenance.

- **Tachograph or Driver Hours Violations: Breaches of driving hours or incorrect tachograph use.

- Repeated Prohibitions or Roadside Defects: Evidence of poor vehicle roadworthiness.

- Failing to Notify Changes: Not informing the DVSA about significant changes, such as new operating centres or convictions.

- Environmental Concerns: Complaints about your operating centre, such as noise or emissions.

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What Happens During a Public Inquiry?

At the hearing:

1. The Traffic Commissioner will review the DVSA’s evidence and any representations you provide.

2. You’ll be asked to present your case, including evidence of corrective actions taken.

3. Witnesses, such as transport managers or maintenance providers, may be called to give testimony.

4. The Commissioner will make a decision, which could range from no further action to suspension or revocation of your licence.

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How Should I Prepare for a Public Inquiry?

1. Understand the Issues: Carefully read the DVSA’s letter outlining the reasons for the inquiry.

2. Seek Professional Advice: Engage a transport solicitor or compliance consultant to guide you through the process.

3. Gather Evidence: Collect documentation such as maintenance records, tachograph data, and training logs to show compliance or corrective actions.

4. Implement Corrective Actions: Address the issues raised by the DVSA before the hearing to demonstrate your commitment to compliance.

5. Practice Your Presentation: Be clear, concise, and honest in explaining your case to the Commissioner.

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What Are the Possible Outcomes of a Public Inquiry?

The Traffic Commissioner can decide to:

- Take no action.

- Issue a formal warning.

- Impose conditions on your licence, such as reducing vehicle numbers or requiring additional audits.

- Suspend your licence for a specific period.

- Revoke your licence entirely.

- Disqualify individuals from holding an operator’s licence in the future.

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Can I Appeal the Decision?

Yes. If you disagree with the outcome, you can appeal to the Upper Tribunal (Administrative Appeals Chamber). The appeal must be filed within 28 days of the decision, and you’ll need to provide a detailed explanation of why you believe the decision was incorrect.

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How Can I Avoid a Public Inquiry in the Future?

1. Regularly Review Compliance: Conduct internal audits to ensure adherence to DVSA standards.

2. Invest in Training: Keep your staff updated on compliance requirements and best practices.

3. Maintain Accurate Records: Ensure all maintenance, driver hours, and operational records are complete and up to date.

4. Respond Promptly to Issues: Address defects, prohibitions, or DVSA concerns immediately.

5. Engage Professional Support: Work with transport consultants to identify and mitigate risks proactively.

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Final Thoughts

A public inquiry is a serious matter, but with the right preparation and support, you can navigate the process effectively. By addressing issues head-on and demonstrating your commitment to compliance, you can improve your chances of a positive outcome.

If you’re facing a public inquiry or need help ensuring compliance, HGV Defence provides expert consultancy services to operators across the UK. Contact us today to learn how we can support you!