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VOSA Public Inquiry Advice
Have you as the Operator License Holder or your Transport Manager or both been summoned to appear at public inquiry?
Are looking for Advice, we are not here to judge. Call us on 01948 680038 or 0844 8267532 or mail@oplas.co.uk
A VOSA Public Inquiry is a stressful and expensive time. The possible outcome could lead to the end of your Operator’s License or the repute of you as a director or as a transport manager. So being prepared & understand the risks to you & your business is the first step in easing the pressure on you & the business,
What is a Public Inquiry?
A public inquiry is called when your ability to run vehicles according to the current Operator’s License legislation is being questioned.
Reasons for a Public Inquiry
There are many reasons for which you may be call to Public Inquiry some of which are:
- Failed roadside inspection
- Failed Site Audit by VOSA
- Offences listed against the Operator’s License such as fixed penalties
A VOSA public inquiry can be called to assess a new application where there are areas of concern. It might be that a Traffic Commissioner wants to hear from people who have objected to an application, or they might seek clarification regarding the repute of someone listed on the application.
In short, a VOSA public inquiry can be called for any reason but those listed above are more common than others.
What happens at public inquiry?
The public inquiry is held in a court room. The Traffic Commissioner will ask questions and seek answers relating to the matters to which you or the business or transport manager have been summoned to public inquiry to answer, this could be in relation to the upkeep of the vehicles, repute of people listed on the license, where the vehicles are being kept or the financial standing of the business, to name just a few.
What can happen to my operator’s license at public inquiry?
Unless the Traffic Commissioner is satisfied by your answers, they have a variety of options open to them. One of which is to revoke your operator’s license. If that happens, you can no longer legally operate HGV / PSV vehicles on the road. VOSA will immediately enforce this by checking up on you, with massive fines if you fail to comply.
The Traffic may also revoke the repute both the directors & that of the transport manager if he feels that their actions whilst being responsible for the Operator’s License have not been to a standard which is required i.e. not maintaining the conditions to which the license was granted under.
The Traffic Commissioner can also curtail your operator’s license. For example, if they find that you do not have the financial standing needed to effectively maintain the number of vehicles you are operating, they can reduce that number.
The Traffic Commissioner can also add undertakings to your licence. For example, they might add an undertaking that you cannot drive vehicles to and from your operating centre between unsociable hours; this might be the case if your operating centre is near a residential area.
Don’t I need a Solicitor and not a Transport Consultant?
As each case is different, so it may not be the case that a solicitor is required. The Traffic Commissioners wants to see that you are capable of running your fleet properly. But legal representation helps the process run smoothly within the correct legal framework, but ultimately its transport related expertise, knowledge and experience that help your case.
Here at Oplas we recognized that both areas legal representation & transport expertise have a part to play in make up the best combination when helping clients who have been summoned to public inquiry, so we have built up a team both of transport experts & qualified legal representation to give our clients the best possible representation for their case when at public inquiry. This means we are very well placed to provide the legal representation as well as the technical knowledge and transport related experience that the Traffic Commissioner wants to see.
What will Oplas do?
Oplas can if you wish represent you at the public inquiry and will prepare and present your case to the Traffic Commissioner. We are experts in all aspects of Operator Licensing and have represented clients that have faced public inquiry. As well as getting you through the public inquiry we can also help put the correct procedures in place which will help you avoid trouble in the future and ensure your vehicles are run to the satisfaction of the Traffic Commissioner.