A preliminary hearing is a type of formal legal hearing held by the Traffic Commissioner as an alternative to a full pulic inquiry. They are usually held in the public inquiry rooms at the Traffic Commissioner's office but they are private hearings, not open to the public or the press. If you've been called to a preliminary hearing then you should take legal advice from a transport solicitor. There are potentialy serious consequences involved and a good transport solicitor can advise you on what's involved, what you need to do and if necessary represent you at the hearing itself.
Types Of Preliminary Hearing
They are usually less formal than a public inquiry and can sometimes be short. There are several types of preliminary hearing depending on what the purpose of the hearing is. The types of preliminary hearing are :
1. Preliminary Hearing to Consider if Disciplinary Action Might be Necessary
This type of preliminary hearing is held to enable the Traffic Commissioner to decide whether it is necessary to hold a full formal public inquiry. This is the most common type of preliminary hearing. Usually the Traffic Commissioner will have concerns which may lead to disciplinary action against the operator licence, but the Commissioner is not yet sure whether or not a full public inquiry is necessary. This therefore gives you an opportunity to put your case forward to persuade the Traffic Commissioner that further action is not necessary. A transport solicitor will be able to help you prepare for the hearing and how to put forward a case to avert any further action. What this involves in practice will depend very much on the issues involved and the facts surrounding your case.
2. Preliminary Hearing to Consider an Operator's Licence Application
Many applications for new operators licences or for variation to an existing licence hit upon problems. There are strict criteria that apply to the granting of operator licence applications. Where there are questions over whether the criteria are met or doubts over goods repute or finances for example, the Traffic Commissioner may decide that the best thing to do is call a preliminary hearing. The purpose is to deal with outstanding concerns face to face with the operator, rather than go through the stringent process of a full public inquiry. Again, the preliminary hearing should be seen as an opportunity to deal with potential problems before matters escalate to the stage of a full public inquiry.
3. Preliminary Hearing as a Directions Hearing
This is the less frequent type of preliminary hearing. This type will happen as a pre-cursor to a full public inquiry, once a public inquiry has been called. The idea is that this type of hearing is to deal with points of procedure before the full public inquiry takes place. Examples of this might be where there is a discussion about what witnesses there will be at the full public inquiry and what kind of issues the Traffic Commissioner wants to see evidence on specifically. This then avoids delays or misunderstanding once the main public inquiry gets underway.
What Happens at a Preliminary Hearing ?
It all depends on what the issues are and what type of case it is as to what happens exactly. Every case is different. Generally, the hearing is far less formal than a public inquiry. It will often take the form of a discussion with the Traffic Commissioner. Evidence is not formally set out in the same way at a public inquiry, but records, documents and verbal explanations will be taken into account. The Traffic Commissioner will listen to submissions from your solicitor and then make a decision at the end of the hearing.
What Decisions Can be Taken at a Preliminary Hearing ?
If there are disciplinary issues involved, then the Traffic Commissioner can decide whether to call a full public inquiry for another day. The Traffic Commissioner only has the power to revoke an operators licence or impose other disciplinary sanctions at a full public inquiry. Alternatively the Traffic Commissioner can decide at a preliminary hearing that no further action is necessary or conclude with formal written warning. With preliminary hearings dealing with applications, the Commissioner has the power to grant an application (with or without conditions) or call a full public inquiry.
How Many Preliminary Hearings Take Place
Until very recently, Preliminary Hearings were rare. The Traffic Commissioners have made a conscious decision to hold more preliminary hearings as a way to reserve full public inquiries only for the more serious or complicated cases. The intention is that many cases dealt with at preliminary hearings can be sorted out without a full public inquiry being needed.
Annual statistics for the number of preliminary hearings were only published for the first time in 2016. These show that in the year from 2015 to 2016 there were 491 Traffic Commissioner preliminary hearings held in England, Scotland and Wales. These break down as 2 in the Wales Traffic Area; 60 in the East of England Traffic Area at Cambridge; 63 in the North East in Leeds; 130 in the North West at Golborne, Warrington; 114 in the London and South East Traffic Area at Eastbourne; 7 in the West Midlands at Edgbaston, Birmingham; 63 in the Western Traffic Area at Bristol and 52 in Scotland at Edinburgh.
Getting Legal Advice
Preliminary hearings are formal legal hearings with potentially significant legal and commercial consequences for you and your business. In all cases it is sensible and usually necessary to have some good legal advice and expert help preparing and presenting your case. The more advice and professional input from a specialist you receive the better the final outcome will be.
