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Traffic Commissioner Public Inquiry
Receiving a call up letter to appear before the Traffic Commissioner can be a worrying time. The Traffic Commissioner has the power to revoked, suspend or curtail (reduce the number of vehicles) the operators licence.
You may only be given 21 days notice of the hearing. Upon receiving a call up letter it is important to seek advice from MJP Solicitors without delay. We will want to have early sight of the call up letter, your operator’s licence, the list of vehicles and maintenance records. We will assist you in dealing with the initial requirements/ response to the call up letter. From there we will set out a plan of action in preparing for the hearing and providing representation at the hearing itself.
Operators are required to fulfil and adhere to the requirement of their operators licence. The requirements will include the following:-
Making proper arrangements so that: -
- Rules on drivers hours are observed
- Motor vehicle and trailers are not overloaded
- Vehicles will operate within speed limits
- Motor vehicles are kept fit and serviceable
- Drivers provide written reports of defects with records kept (for 15 months)
- Vehicles are subject to proper maintenance and safety inspections
- That the operator has the requisite financial standing
- That the operator has the required professional competence
- That the operators conduct does not result in loss of repute
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The majority of call up letters relate to maintenance issues. We at MJP Solicitors have a good understanding of the requirements and duties placed upon an operator to show that there is a system of maintenance that ensures vehicles are kept serviceable.
We will want to show to the Traffic Commissioner that you have a system set up and running for the regular inspection of all vehicles with a view to ensuring that they meet all of the legal requirements, (construction and use regulations) and that they are kept road worthy.
We will want to show that there is a system to provide drivers with a means to report defects. We will advise you if your system is fit for purpose and what improvements may be added prior to the hearing.
Standard “O” Licence Operators must satisfy the Traffic Commissioner that they are fit and proper persons to hold a licence and that they are of “good repute” if you receive a call up letter because your good repute has been called in to question we can provide you with advice and representation aimed at persuading the Traffic Commissioner against a finding of loss of repute. We are versed in the general approach taken by the Traffic Commissioner with regards to such matters and the principles attached to any such decision. Conduct must be so serious as to require the revocation of the licence.
Many instances fall short of that test.
If you are called before the Traffic Commissioner arising from an issue of financial standing we can advise you in relation to the approach that the Traffic Commissioner will take in relation to such matters. The Traffic Commissioner will want to be satisfied that there is sufficient money available in order to enable the applicant to operate and maintain the vehicles to the standards required by law.
You can call MJP Solicitors on 0151 286 9594.
Operating Centres, Parking and Environmental Issues
You may be called before the Traffic Commissioner as to answer a breach of the operators licence that require the vehicles to be “normally kept” at a specified address. This is deemed to be the Operating Centre or you may have to answer a complaint on environmental grounds about the suitability of the Operating Centre.
In such instance representation by MJP Solicitors will ensure that your case is put forward in the best possible light with our awareness as to how the Traffic Commissioner has approached such matters in the past.
The Next Step?
If you would like to speak to our road transport law solicitor, you can contact MJP on 0333 011 0515 to discuss your case or you can use the contact us form to leave your details and a brief outline of your enquiry and we'll get back to you at a convenient time to you.
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All our road transport law services are available throughout England and Wales including North West, Merseyside, Liverpool, Wirral and Lancashire.
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