At Rothera Bray we have been representing transport companies at Public Inquiries for many years. In this article, specialist transport solicitor Chris Powell and trainee transport solicitor Jo Derbyshire look at what you need to know if you have applied for a licence but been called to a Traffic Commissioner’s Public Inquiry hearing.
Why has the Traffic Commissioner called me to a Public Inquiry?
The Traffic Commissioner will call you to a Public Inquiry hearing if they have concerns with you, your business, or your application. Some common examples are as follows:
- Somebody has objected to your application;
- There are problems with your financial standing evidence;
- An incorrect or false declaration was made on the application form;
- You have declared previous convictions or disqualifications;
- The Commissioner has concerns over your good repute;
- Your proposed transport manager may not be suitable;
- There are questions over your involvement with a previous business.
What happens if someone objects to my application?
All operator’s licence applications are in the public domain and you will usually have to put an advertisement in a newspaper local to your intended operating centre.
A public body, such as the police, the Local Authority, or a local trade union, or an individual can object to your proposed operating centre on environmental or other grounds. For example: noise concerns or potential damage to the local environment.
If an objection has been made, you will usually receive a letter from the Traffic Commissioner telling you about the objection and giving you the opportunity to respond to it. They will usually expect you to try to agree a solution with the person or organisation making the complaint. If this is unsuccessful, you and the complainant could find yourself called to an Inquiry for the dispute to be considered.
Why is my financial standing being questioned?
Before granting a licence, the Commissioner must be satisfied that you have enough money to look after your vehicles. This is known as financial standing.
The level of finance you need depends on the number of vehicles and trailers you are applying for, and the type of O licence you are after (Standard national / international or Restricted).
As of 2021 the rates are as follows:
| Licence type | |||
| Standard | First vehicle | £8000 | |
| Each additional vehicle | £4,500 | ||
| Restricted | First vehicle | £3,100 | |
| Each additional vehicle | £1,700 |
The Traffic Commissioner will only accept certain types of financial standing evidence. They will usually expect the money to be held in an account in the name of the person or company applying for the licence. They will also want to see at least 28 days of statements.
If the Commissioner cannot be satisfied that you have the necessary financial standing, you could find yourself called to a Public Inquiry, a preliminary hearing or a senior team leader interview and be asked further questions.
This can be a complex area and you should always seek advice from a transport lawyer if your financial standing is in question.
What does “Good Repute” mean?
The Traffic Commissioner has a duty not to grant an operator’s licence to a person or company that is not of “good repute” or is not “fit” to hold a licence. In other words, before granting a licence they need to assess your character and be able to trust you to run a lawful transport business. Good repute applies to any director, transport manager or sole trader applying for an O licence.
The Traffic Commissioner will take into account any relevant information they have to hand, or any relevant convictions that any directors or transport managers have against their name. This can include driving offences, road transport offences, and other serious offences.
If they do have concerns over whether somebody within your business is of good repute, you may be called to a Public Inquiry and face questions about your professional and personal conduct.
Remember, in most cases a previous conviction or a bumpy licensing history does not preclude you from being granted a licence. Much can depend on how you explain matters at the Inquiry and what assurances you can give.
What happens at a Traffic Commissioner’s Public Inquiry?
At a Public Inquiry the Traffic Commissioner will tell you what their concerns are and will ask you questions about them. They may ask for extra information or documents to be sent in advance to be discussed at the Public Inquiry.
Depending on your case, the Commissioner may ask you questions about:
- Your past licensing history;
- Any criminal convictions you have declared;
- How your Transport Manager will be overseeing your vehicles;
- Your connection to other businesses that may have gone into liquidation, CVA or similar;
- Any bankruptcy in your past;
- How your transport manager will be overseeing your vehicles;
- The declarations you have made in your application form;
At the end of an Inquiry the Traffic Commissioner can decide to:
- Refuse to grant you your operator’s licence;
- Grant a licence, but with conditions attached or with a reduced number of vehicles than originally applied for; or
- Grant a licence.
What can I do to improve my chances of getting my application granted
An Inquiry can be a challenging experience, particularly if you are not used to speaking in public or have difficulties responding to questions under pressure and in a court setting. For this reason, many applicants who get called to an Inquiry will choose to have a specialist transport lawyer accompany them and speak on their behalf. At Rothera Bray, we regularly represent applicants called to Public Inquiry hearings by the Traffic Commissioner. We will:
- Meet with you in advance to discuss your application;
- Tell you what you need to do to improve your prospects of success;
- Speak to the Commissioner’s office on your behalf;
- Help you gather your papers before the hearing;
- Represent you at your Public Inquiry as your advocate and do all we can to get you an operator’s licence.
We have a very good success rate representing applicants at Public Inquiries across the UK and in every Traffic Area.
If you have been called to a Public Inquiry, speak to one of our transport solicitors today and find out how we can help. Contact us on 03456 465 465 or email enquiries@rotherabray.co.uk