Public Inquiries
- What happens at a public inquiry?
- What evidence can be presented?
- How do I present documents?
- Public Inquiry sequence of event
What happens at a public inquiry?
It is up to the Traffic Commissioner concerned to decide how to run the inquiry, but the Traffic Commissioner must give the applicant, the objectors and the representors an opportunity to present their cases. The procedure will be explained at the start of the inquiry, but it will be informal. The Traffic Commissioner, after hearing from the applicant, objectors and representors will make his decision.
At an inquiry, the Traffic Commissioner will first briefly summarise its purpose and say how he will run it. If the inquiry is for a straightforward application for a licence, the Commissioner will ask you questions about it, and he may also ask a Vehicle Examiner to give a report before making his decision. You will be able to ask the Vehicle Examiner questions and answer any points he makes.
If there is an objector to the application (the local authority or the police), then proceedings will be a bit more formal. The Commissioner will probably ask the objector to explain the grounds of his objection. You or your representative will then be able to cross-examine the objector, and he will be able to cross-examine you. The Traffic Commissioner will only give his decision after hearing both sides of the argument. He may also, at his discretion, let other people who do not have a right to object (but who have relevant things to say about the application) to make their points at the inquiry. If he does, you can ask them questions and reply to any points they make.
If the Traffic Commissioner has called the inquiry himself (because he is considering disciplinary action), he will usually ask the Vehicle Examiner - or anyone else upon whose reports he has based his decision - to come to the inquiry to give evidence. You will be able to ask any witnesses questions. The Commissioner will also ask you questions before he takes his decision.
Sometimes, where he thinks that your financial standing needs to be considered, the Traffic Commissioner may ask a financial assessor to sit with him. The assessor may ask you questions and the Commissioner will consult the assessor before making a decision.
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What evidence can be presented?
Anyone putting forward facts at the inquiry must be able to prove them to be true. Often the best way to do this is to get someone who has first hand knowledge to appear and state those facts. Anyone who gives evidence in this way (whether they are the applicant, an objector, a representor, or a witness for any of these people) can then be asked questions by the other parties and by the Traffic Commissioner. Any evidence which is not relevant to the case will not be considered.
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How do I present documents?
If you are going to present documents or photographs at the inquiry, try to bring copies. This will help to avoid taking up a lot of time passing them round.
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Public Inquiry sequence of event
A typical sequence of events might be as follows:
(i) Before the inquiry begins, the Inquiry Clerk will make a note of all the people who wish to speak (so be sure to report to the Clerk as soon as you arrive at the inquiry).
(ii) The Traffic Commissioner will then enter. The Inquiry Clerk will announce the case by giving the name and address of the applicant, brief details of the application (ie the type of licence applied for, the number of vehicles involved) and the names of anyone who will be representing the applicant or giving evidence on his/her behalf.
(iii) The Clerk will also name the objectors and representors present, and anyone representing them.
The Inquiry might then proceed in the following way. Firstly, the Traffic Commissioner would deal with preliminary matters, such as whether objections or representations are valid and should be heard.
Next, the applicant (or his/her representative) would be invited to outline the application and would in turn be asked questions about it.
The Traffic Commissioner would then invite the objectors, the representors, or people appearing on their behalf to present their cases in general terms.
The Traffic Commissioner would then call the objectors, representors and the applicant (usually in that order) or their representatives to present their cases in detail. The points they make may in turn be questioned by any other of the parties and by the Traffic Commissioner.
During the proceedings, the Traffic Commissioner might ask the applicant about the effect that conditions imposed in the licence might have on the business.
The Traffic Commissioner would then invite the objectors, representors and the applicant to sum up the cases they have presented. No new factors can be introduced at this stage.
Finally, the Traffic Commissioner would consider all the evidence presented at the inquiry and either announce the decision straightaway, or give it in writing at a later date.
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Page last updated: 03/05/2006