Who Is the Traffic Commissioner and What's their Role?

The Role of the Traffic Commissioner in Public Inquiries: What You Need to Know

The Traffic Commissioner plays a pivotal role in ensuring compliance and safety within the road transport industry. If you’re an HGV operator or transport manager, understanding their responsibilities and powers, especially during public inquiries, is essential. In this blog, we’ll break down the role of the Traffic Commissioner and what you need to know when facing a public inquiry.

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Who is the Traffic Commissioner?

Traffic Commissioners are independent regulators appointed by the government to oversee the commercial vehicle and public service vehicle industries. Their primary focus is on ensuring that operators adhere to legal standards and that roads are kept safe for all users.

Key Responsibilities:

1. Granting and Monitoring Operator Licences

- Deciding whether to approve, refuse, or revoke operator licences.

2. Enforcing Compliance

- Ensuring operators comply with safety and legal obligations, such as vehicle maintenance and driver hours.

3. Conducting Public Inquiries

- Investigating serious breaches or concerns about operators or transport managers.

4. Promoting Road Safety

- Working alongside the DVSA to minimise risks posed by non-compliant operators.

5. Addressing Environmental Concerns

- Considering the impact of operating centres on the local environment.

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The Traffic Commissioner’s Role in Public Inquiries

A public inquiry is one of the Traffic Commissioner’s most critical functions. It is a formal hearing where operators are called to account for potential breaches of their licence conditions or other serious issues.

Why You Might Be Summoned:

- Repeated prohibitions or vehicle defects.

- Breaches of driver hours or tachograph regulations.

- Poor maintenance records.

- Environmental complaints related to your operating centre.

- Allegations of dishonesty or lack of professional competence.

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What Happens During a Public Inquiry?

The Traffic Commissioner will:

1. Review Evidence

- Examine documentation provided by the DVSA and the operator, such as maintenance logs, tachograph data, and audit reports.

2. Hear Representations

- Allow the operator or their representative to present their case and explain any mitigating factors.

3. Question Witnesses

- Call upon witnesses, such as transport managers or DVSA officials, to provide additional context.

4. Make a Decision

- Decide on the appropriate course of action, which may range from no further action to revocation of the licence.

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The Powers of the Traffic Commissioner

The Traffic Commissioner has wide-ranging powers to ensure compliance and uphold road safety standards. These include:

- Granting or Refusing Licences: Deciding whether an operator is fit to hold a licence.

- Revoking or Suspending Licences: Taking action against operators who fail to comply with regulations.

- Imposing Conditions: Adding specific requirements to a licence, such as regular audits or reducing the number of authorised vehicles.

- Disqualifying Individuals: Preventing operators or transport managers from holding a licence or working in the industry.

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Preparing for a Public Inquiry

If you’re called to a public inquiry, preparation is crucial:

1. Understand the Issues: Review the reasons outlined in the DVSA’s report or the Traffic Commissioner’s letter.

2. Gather Documentation: Compile evidence of compliance, including maintenance records, driver hours logs, and corrective actions.

3. Seek Professional Advice: Engage a transport solicitor or consultant to guide you through the process.

4. Implement Changes: Address any shortcomings before the inquiry to demonstrate your commitment to improvement.

5. Practice Your Presentation: Be prepared to explain your case clearly and answer questions confidently.

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Final Thoughts

The Traffic Commissioner’s role is vital in maintaining high standards across the transport industry. While their decisions can significantly impact your operations, understanding their responsibilities and preparing thoroughly for public inquiries can help you navigate the process more effectively.

Need expert guidance? HGV Defence offers nationwide consultancy services to help operators meet compliance standards and prepare for public inquiries. Contact us today to ensure your business stays on track.