What Happens at a Traffic Commissioner Public Inquiry (And How to Avoid One)
A letter from the Office of the Traffic Commissioner is the one piece of post that can shut down your haulage business. If you're called to a public inquiry, your O-licence is on the line — and for a sole trader with 1–5 vehicles, that means the entire operation is at risk.
Here's what triggers a public inquiry, what actually happens at one, and — more importantly — how to avoid being called in the first place.
What Is a Traffic Commissioner Public Inquiry?
A public inquiry is a formal hearing where a Traffic Commissioner examines whether an operator is fit to hold an O-licence. It's not a criminal trial, but the format is similar — the hearing is open to the public, there's a clerk recording proceedings, and the Commissioner leads from the front of the room.
The Traffic Commissioner has the power to:
- Allow your licence to continue (possibly with new conditions)
- Curtail your licence (reduce the number of vehicles you can operate)
- Suspend your licence for a fixed period
- Revoke your licence entirely
- Disqualify you from holding any O-licence, potentially indefinitely
There are 7 Traffic Commissioners covering different regions of Great Britain, plus a separate authority in Northern Ireland. Your inquiry will be heard by the Commissioner for your region.
What Triggers a Public Inquiry
The most common routes to a public inquiry for small operators:
DVSA compliance visit findings
DVSA examiners can visit your operating centre to inspect maintenance records, walkaround check records, drivers' hours data, and vehicle condition. If they find significant shortcomings, they refer the case to the Traffic Commissioner. Common findings that trigger referrals:
- Maintenance records that don't match your declared PMI intervals
- Missing or incomplete walkaround check records
- Overdue tachograph downloads
- Vehicles not at the declared operating centre
Persistent poor OCRS score
A red OCRS score — particularly in the roadworthiness category — signals systematic compliance failures. While a single bad encounter won't trigger an inquiry, a pattern of prohibitions and failed inspections will.
Serious roadside incidents
An immediate prohibition (S-marked PG9) for a dangerous defect — failed brakes, insecure load, major structural defect — can trigger a direct referral, especially if the vehicle is badly maintained.
Financial standing failures
O-licence holders must demonstrate they have sufficient financial resources — currently £8,000 for the first vehicle and £4,500 for each additional vehicle for a Standard National licence. If the Traffic Commissioner has reason to doubt your financial standing, they can call you in.
Complaints and reports
Third-party complaints about your operation, police reports, or local authority complaints about your operating centre can trigger investigation and ultimately a public inquiry.
What to Expect If You're Called
The calling-in letter
You'll receive a formal letter at least 21 days before the hearing (14 days for PSV licences), as set out in the Traffic Commissioner public inquiry guidance. The letter sets out the specific issues the Commissioner wants to examine. Read it carefully — it tells you exactly what to prepare for.
Who gets called
It may not just be you. The Traffic Commissioner can call:
- The licence holder (you, if a sole trader)
- Company directors (if operating through a limited company)
- The nominated Transport Manager
- Individual drivers
Each person called receives a separate letter.
The hearing itself
The inquiry typically runs like this:
- The Commissioner states the issues — the specific concerns from the calling-in letter
- DVSA presents their evidence — inspection findings, encounter history, OCRS data
- You present your case — what went wrong, what you've done to fix it, evidence of improvement
- Questions from the Commissioner — expect direct, detailed questions about your systems and processes
- The Commissioner's decision — sometimes given immediately, sometimes reserved for a written decision later
You can represent yourself, bring a solicitor, or bring a transport consultant. For a sole trader, bringing someone who knows the regulatory framework can make a significant difference — but it's not required.
What the Commissioner looks for
Traffic Commissioners consistently emphasise three things:
- Acknowledgement — do you understand what went wrong?
- Action — what specific changes have you made since the issues were identified?
- Evidence — can you prove those changes are working? (Records, systems, procedures)
Showing up with a folder of recent walkaround checks, an up-to-date maintenance schedule, and evidence that you've addressed every issue in the calling-in letter is far more effective than excuses or promises.
How to Avoid a Public Inquiry
Most public inquiries result from problems that built up over months or years. The operators who avoid them do these things consistently:
Keep your maintenance records current
Your O-licence commits you to a declared PMI interval. Stick to it. If your declared interval is every 6 weeks, don't let it stretch to 8. Keep a record of every inspection, every defect found, and every repair completed.
Complete and record walkaround checks daily
A DVSA compliance visit will ask to see your walkaround check records. "We do them but don't always write them down" is not an answer that keeps your licence. Record every check — paper or digital — and keep the records for at least 15 months.
Download tachograph data on time
Vehicle unit downloads every 90 days. Driver card downloads every 28 days. These are legal requirements, not suggestions. Missing download deadlines is one of the most common findings at compliance visits.
Monitor your OCRS score
Check your OCRS score quarterly through your VOL account. If you see it moving toward amber or red, act before DVSA does — fix the underlying issues and aim for clean encounters to bring the score back down. You can estimate your current risk band with our free OCRS Risk Score Calculator.
Check your compliance gaps
For a quick self-assessment of where your operation stands across all compliance areas, try our free O-Licence Compliance Health Check. It identifies the highest-risk gaps and tells you what to fix first.
Respond to DVSA contact promptly
If DVSA writes to you about a roadside finding or requests documentation, respond quickly and thoroughly. Ignoring DVSA correspondence or providing incomplete responses escalates the situation toward a referral.
Keep your financial evidence ready
Maintain bank statements or other evidence showing you meet the financial standing requirements. The Traffic Commissioner can request this at any time.
What If You've Already Been Called
If you've received a calling-in letter:
- Read the letter carefully — identify every specific issue mentioned
- Gather evidence of improvement — every change you've made since the issues were found
- Prepare your records — maintenance schedules, walkaround checks, tachograph downloads, driver records
- Consider professional help — a transport solicitor or consultant who has attended public inquiries can help you present your case effectively
- Be honest — Traffic Commissioners respond well to operators who acknowledge problems and demonstrate genuine change. They respond poorly to denial or blame-shifting.
The inquiry is your opportunity to show you're a capable, compliant operator. Prepare thoroughly, bring evidence, and demonstrate that you understand your responsibilities.