Consultation

Driver Conduct Hearings

A Traffic Commissioner Driver Conduct Hearing is a formal legal hearing conducted by a Traffic Commissioner to determine whether a professional vocational driver’s conduct calls into question their fitness to continue holding a Large Goods Vehicle (LGV/HGV) or Passenger Carrying Vehicle (PCV) vocational driving entitlement.

Unlike an internal company disciplinary hearing, a Traffic Commissioner hearing is an independent regulatory process. The Commissioner considers whether a driver’s actions have fallen below the standards expected of professional drivers and whether action should be taken against their vocational licence.

Why might a driver be called to a hearing?

A driver may be summoned before a Traffic Commissioner for a variety of reasons, including:

• Serious road traffic offences.
• Repeated speeding or traffic convictions.
• Dangerous or careless driving.
• Drink or drug driving offences.
• Drivers’ hours or tachograph infringements.
• Falsification of tachograph records.
• Using another driver’s tachograph card.
• Mobile phone offences while driving.
• Overloading vehicles.
• Failure to comply with vehicle safety regulations.
• Convictions that call into question a driver’s professional conduct.
• Repeated roadside prohibitions or enforcement action by the DVSA.

The Driver and Vehicle Standards Agency (DVSA), the police, or the Driver and Vehicle Licensing Agency (DVLA) may refer cases to the Traffic Commissioner.

What happens at the hearing?

The hearing is usually held at the Office of the Traffic Commissioner and follows a structured legal process.

During the hearing, the Traffic Commissioner will:

• Explain why the hearing has been called.
• Review evidence provided by the DVSA, police, or other enforcement agencies.
• Consider the driver’s previous conduct and driving record.
• Allow the driver to explain the circumstances surrounding the case.
• Ask questions to understand the facts and any mitigating circumstances.
• Assess whether the driver remains fit to hold a vocational licence.

Drivers may represent themselves or be accompanied by a solicitor, trade union representative, or other appropriate representative.

Possible Outcomes

Following the hearing, the Traffic Commissioner may decide to:

• Take no further action.
• Issue a formal warning.
• Suspend the driver’s vocational entitlement for a specified period.
• Revoke the driver’s LGV or PCV vocational entitlement.
• Disqualify the driver from holding a vocational licence.
• In some cases, require the driver to undertake further training before returning to professional driving.

The Commissioner will always consider the seriousness of the offence, previous history, evidence of remorse, and whether the driver has taken steps to improve their conduct.

The Traffic Commissioner’s Role

Traffic Commissioners are responsible for maintaining road safety and ensuring professional drivers meet the high standards expected within the transport industry. Their role is not simply to punish drivers but to protect the public by ensuring vocational licence holders demonstrate professionalism, competence, and compliance with road transport legislation.

Operator Public Inquiries

A Traffic Commissioner Public Inquiry (PI) is a formal legal hearing held by a Traffic Commissioner to determine whether a goods vehicle operator, passenger transport operator, transport manager, or vocational driver continues to meet the legal requirements to hold an operator’s licence or vocational entitlement.

For operators, a Public Inquiry is one of the most serious regulatory proceedings in the UK road transport industry. It is usually convened when there are concerns that an operator has failed to meet the standards required under the operator licensing system.

The purpose of the inquiry is not only to consider whether breaches have occurred but also to determine whether the operator remains fit to hold an Operator’s Licence and whether they have demonstrated effective management, compliance, and control of their transport operations.

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Why is a Public Inquiry called?

A Traffic Commissioner may call a Public Inquiry for a variety of reasons, including:

• Poor maintenance and vehicle safety standards.
• Multiple roadside prohibitions issued by the DVSA.
• Drivers’ hours and tachograph infringements.
• Failure to comply with operator licence undertakings.
• Inadequate management of transport operations.
• Weak or ineffective driver management systems.
• Overloading offences.
• Operating vehicles without the correct licence authority.
• Failure to notify the Traffic Commissioner of significant changes.
• Financial standing concerns.
• Loss of good repute by the operator or transport manager.
• Unsatisfactory compliance audit findings.
• Repeated enforcement action by the DVSA or police.

Public Inquiries are commonly triggered following DVSA investigations, maintenance inspections, roadside enforcement activity, or reports highlighting concerns about an operator’s compliance.

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What happens during a Public Inquiry?

The hearing is conducted before a Traffic Commissioner and is generally open to the public unless specific circumstances require otherwise.

During the inquiry, the Commissioner will examine whether the operator has complied with the obligations attached to their Operator’s Licence and whether adequate systems are in place to ensure ongoing compliance.

The process typically includes:

• Reviewing evidence submitted by the DVSA and other enforcement agencies.
• Examining maintenance records, defect reporting systems, and safety inspections.
• Reviewing drivers’ hours compliance, tachograph analysis, and infringement reports.
• Considering audit reports and compliance documentation.
• Questioning the operator, directors, partners, or transport manager.
• Assessing whether previous warnings or undertakings have been acted upon.
• Considering any improvements already implemented.

Operators have the opportunity to present evidence, explain the circumstances, and demonstrate the steps taken to address any shortcomings.

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Possible Outcomes

Following the hearing, the Traffic Commissioner has a range of regulatory powers and may decide to:

• Take no further action.
• Issue a formal warning.
• Reduce the number of authorised vehicles on the Operator’s Licence.
• Suspend the Operator’s Licence for a specified period.
• Revoke the Operator’s Licence.
• Curtail the licence by removing operating authority.
• Disqualify directors or operators from holding an Operator’s Licence.
• Disqualify or remove a Transport Manager from their role.
• Impose additional licence conditions or undertakings.

The Commissioner will consider both the seriousness of any compliance failures and the operator’s willingness and ability to improve.

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Why are Public Inquiries important?

Public Inquiries play a vital role in protecting road safety and ensuring fair competition within the transport industry. They reinforce the importance of effective management systems, vehicle safety, legal compliance, and professional standards.

Operators who can demonstrate robust compliance systems, a commitment to continuous improvement, and proactive management are generally in a much stronger position when appearing before a Traffic Commissioner.

How Compliant Solutions Group Ltd Can Help

Preparing for a Traffic Commissioner Driver Conduct Hearing or Public Inquiry can be daunting. At Compliant Solutions Group Ltd, we provide professional guidance to drivers and operators before the hearing, helping them understand the process, prepare supporting evidence, review compliance records, and demonstrate the positive steps they have taken to address any issues. Our aim is to help present a clear, factual, and well-prepared case while promoting a culture of continuous compliance and professional standards

We are here to help you. We have expert knowledge in a vast area of transport regulations including:-