A public inquiry is a formal hearing held by a Traffic Commissioner to decide whether an operator’s licence should continue, and on what terms. Operators are called when DVSA has found maintenance, drivers’ hours or other compliance failings, after serious prohibitions or convictions, or where the Traffic Commissioner has concerns about repute, financial standing or the transport manager. The outcomes range from no action, through a formal warning, curtailment or suspension, to revocation of the licence and disqualification of the directors and transport manager. Preparation, and evidence of real change, is what separates the operators who keep their licence from those who lose it.
Few letters cause more anxiety in a transport office than a call-up to public inquiry. This guide explains what the process involves, what the Traffic Commissioner is weighing up, and what you should do between the letter arriving and the hearing.
What triggers a public inquiry
The most common routes are:
- an unsatisfactory DVSA maintenance investigation or traffic examiner investigation, usually after roadside prohibitions or a poor Operator Compliance Risk Score
- drivers’ hours and tachograph offences, including missing mileage and card misuse
- convictions or fixed penalties against the operator, its directors or drivers
- failure to notify changes such as new directors, convictions, or a change of operating centre
- concerns about the transport manager’s effectiveness or good repute
- loss of financial standing, or a licence application or variation that the Traffic Commissioner wants to examine in person
The call-up letter
The call-up letter sets out the issues the Traffic Commissioner will consider, the sections of the Goods Vehicles (Licensing of Operators) Act 1995 that apply, and the date and venue. Read it line by line. Every issue listed is one you need to be able to address with evidence. The letter will also tell you what documents to bring, typically covering maintenance records, drivers’ hours analysis, financial evidence and the transport manager’s arrangements. If the transport manager is called in their own right, their good repute is on the line separately from the operator’s.
What the Traffic Commissioner is asking
Two questions from case law shape most decisions. The first is how likely it is that the operator will comply in the future. The second, for the most serious cases, is whether the conduct is so bad that the operator ought to be put out of business. The Traffic Commissioner will weigh the seriousness of the failings against the positive evidence you bring, and will pay close attention to whether the failings were caused by ignorance, by systems that did not work, or by a decision to cut corners.
The practical implication is that the hearing is not about explaining away what happened. It is about showing what was wrong, what you have done about it, and why it will not happen again.
Preparing for the hearing
Get an independent audit
Commission a compliance audit from someone who was not involved in the failings. It should cover maintenance, drivers’ hours, driver management and records. The Traffic Commissioner will want to see the audit report and, more importantly, evidence that its recommendations have been carried out.
Fix the systems and prove it
Bring the evidence of change: new safety inspection records at the planned frequency, completed driver defect reports with rectification, tachograph analysis reports showing infringements falling, driver licence check records, and minutes of the meetings where infringements were dealt with. Paperwork dated in the weeks before the hearing carries less weight than a consistent record over months, so start immediately.
Train the people responsible
Traffic Commissioners regularly require directors of restricted and standard licence holders to attend Operator Licence Awareness Training, and transport managers to attend refresher training, either as an undertaking or as a condition of keeping the licence. Attending before the hearing, rather than being told to, shows the right attitude. Our guides to what OLAT covers and to compliance support for restricted licence holders explain the options.
Get representation
A specialist transport solicitor or consultant who appears regularly before Traffic Commissioners will know how the hearing runs, what evidence carries weight, and how to present the operator’s case. For anything beyond a minor matter, the cost of representation is small next to the cost of losing the licence.
Possible outcomes
- No action or a formal warning, often with undertakings added to the licence.
- Curtailment: a reduction in the number of vehicles authorised, for a fixed period or indefinitely.
- Suspension: the licence cannot be used for a set period.
- Revocation: the licence ends.
- Disqualification: the operator, its directors or the transport manager are barred from holding or being named on a licence for a period.
- Transport manager findings: loss of good repute, with disqualification from acting as a transport manager and usually a requirement to requalify before returning.
Decisions are published, and adverse findings follow directors and transport managers onto any future application.
Operator Licence Awareness Training
One-day live online course covering the undertakings on your licence, maintenance and defect reporting, drivers’ hours and what happens at a public inquiry. Accepted where a Traffic Commissioner has required OLAT attendance. £120 per person.
Frequently asked questions
How much notice do you get of a public inquiry?
Usually several weeks. The call-up letter gives the date. If you need more time to prepare properly, ask in writing as early as possible; adjournments are not guaranteed.
Do I have to attend?
Yes, in effect. The Traffic Commissioner can decide the case in your absence, and failing to attend removes any chance of putting your case.
Is a public inquiry the same as a preliminary hearing?
No. A preliminary hearing is a less formal meeting with the Traffic Commissioner, often used for less serious matters or applications. A public inquiry is the formal hearing with the full range of regulatory outcomes.
Can the transport manager be disqualified even if the operator keeps the licence?
Yes. The transport manager’s good repute is assessed separately. An operator can keep its licence while its transport manager is found to have lost repute and is disqualified.
This article was published in October 2026 by National Compliance Training. Regulations change, so always check the latest guidance from GOV.UK for the current position. This article does not constitute legal advice.