WRONG REQUESTS • Due to maintenance problems the Traffic Commissioner
Page 42
If you've noticed an error in this article please click here to report it so we can fix it.
wants to see me at a public inquiry. As far as I know there is no complaint about my transport manager (and there is nothing in the inquiry letter saying there is), but it does say the IC wants to be satisfied that the transport manager has continuous and effective responsibility for the vehicles. It says the transport manager "is therefore to attend the inquiry and be available to give evidence if required to do so". Does the transport manager have to attend the inquiry without first being told what is alleged against him?
• The letter you have received from the Traffic Area Office refers to possible action under Section 26 of the Goods Vehicles (Licensing of Operators) Act 1995 on the grounds that a vehicle you owned received a prohibition and you have not fulfilled an undertaking to keep vehicles in a fit and serviceable condition, It contains no allegations against the transport manager, though it clearly gives an instruction to you that he must attend the inquiry and that he might have to give evidence there.
A Traffic Commissioner— and the Traffic Area Office which acts for him—can only operate within the powers giver by Parliament. The powers given to a IC in relation to operator licensing are contained in the Goods Vehicles (Licensing of Operators) Act 1995 and the Goods Vehicles (Licensing of Operators) Regulations 1995. They do not empower a IC to say that any person must attend a public inquiry or give evidence.
The purpose of the public inquiry is for you to challenge any evidence against you, and to say why action should not be taken against your licence.
If you decided not to go to the inquiry, or to go there but not say anything, that would be a matter for you, bearing in mind that if you did not attend and did not give your version of the matter the TC would have only one side of the case on which to base his decision.
An inquiry letter must set out a full and fair summary of the case against the licence holder, along with the statutory provisions involved, The letter you have received gives no grounds for action against the licence in relation to the transport manager.
Consequently, the instruction in the letter that the transport manager must attend the inquiry and give evidence if required is "ultra vires" (outside the law). The transport manager does not have to go to the inquiry and you could not lawfully be penalised for his failure to attend.