Public Inquiries in Edinburgh and Throughout Scotland

Public Inquiries in Edinburgh and throughout Scotland

The Scottish Traffic Area is run from the Office of the Traffic Commissioner at the Old Stamp Office in Waterloo Square in Edinburgh. The Traffic Commissioner is Joan Aitken.

Most public inquiries in Scotland take place in Edinburgh. From time to time public inquiries are also held in Aberdeen, Inverness, Glasgow and sometimes on the islands.

Public inquiries take place in Scotland in connection with both goods vehicle and passenger vehicle operator licences. Public inquiries are held to consider disciplinary action against operator licence holders where there is evidence that they may have breached the law or the conditions of their licence. They are also called to consider applications for new operators licences or where there is an application to make changes to an existing licence. The vast majority of applications are dealt with without a public inquiry, but problematic ones go to public inquiry for consideration.

You can find out more about the public inquiry process on our page called About Public Inquiries. Basically, a public inquiry is a formal legal hearing set up a bit like a court or tribunal. Evidence, witnesses and legal arguments all take place and a formal legally binding decision is made by the Traffic Commissioner.

The Scottish Traffic Area

The Scottish Traffic Area covers a larger area than any other traffic area within Great Britain. It covers the whole of mainland Scotland as well as the islands including the Western Isles, the Orkney Islands and the Shetlands.

There are 5,400 business in Scotland licensed to operate goods vehicles and 620 licenced to operate passenger vehicles.

Public Inquiries in Edinburgh

Most public inquiries in the Scottish Traffic Area are dealt with in Edinburgh where there is a purpose built court room. The hearings will be heard by the Traffic Commissioner or a deputy Traffic Commissioner.

In the year 2014/2015 there were a total of 85 goods vehicle and 49 passenger vehicle public inquiries in the Scottish Traffic Area.

Of the goods vehicle public inquiries, 55 of them were to consider disciplinary action and 30 for considering applications. 29 of the passenger vehicle public inquiries were for application to be decided and 20 for disciplinary action.

Outcomes of Goods Vehicle (HGV) Public Inquiries in the Scottish Traffic Area

Result of disciplinary public inquiries :

From goods vehicle public inquiries called for disciplinary action, 7 resulted in the operators licence being revoked. 5 goods vehicle licences were suspended and 25 were curtailed. Only 5 (less than 10%) resulted in no action taken.

Result of applications heard at public inquiry :

30 applications were dealt with at public inquiries over the course of the year. One of these was refused outright but only nine were granted in full. The majority of them were granted partially or with conditions. .

The outcome of passenger vehicle public inquiries in Scotland

The result of disciplinary public inquiries for passenger vehicle operator licences was as follows:

Out of 29 public inquiries for disciplinary action, 10, just over one third, resulted in revocation of the licence. One was suspended and 2 curtailed. Others were subject to conditions or formal warnings and only 4 resulted in no action taken.

Result of applications heard at public inquiry :

There were 20 applications dealt with at public inquiry. Six of these were refused outright, fourteen were granted in full.

What to do if you've been called to a public inquiry in Scotland

First of all, recognise that any public inquiry called for any reason is a very serious thing. Secondly recognise that getting legal advice and having an experienced transport law solicitor on your side is at least half of the problem sorted.

A good transport law specialist will be able to get stuck into your case and do all sorts of things to get you ready to face the Traffic Commissioner and come away with a good outcome.

We strongly recommend that you speak to us urgently if you've had a call to public inquiry. Nearly all of our clients (well over 90%) have a successful outcome at their public inquiries.

We regularly handle public inquiries at Edinburgh and know exactly how to prepare and present a successful case. We've been doing it for years and have helped hundreds of operators through what is always a very difficult and uncertain time.

Your chance of a successful outcome at your public inquiry increases dramatically if you have experienced and skilled legal representation. So choosing a good transport solicitor is of vital importance.

Contact Us About Your Public Inquiry

Please get in touch with us without charge or obligation.

Contact us today and we'll give you an idea about how we might be able to help you. We will be very glad to talk through your situation and review your papers free of charge to help you to make an informed decision about what to do.

You can call us any time on 0800 1777 522 or alternatively you can email us or make a Free Online Enquiry

Latest Blogs

Case Study: Operator’s Licence Application Form – Why Getting It Right Matters
July 18, 2025

Case Study: Failure to Follow Up on Audit Leads to Second Public Inquiry
June 15, 2025

Successful Outcome at a Challenging Public Inquiry: A Recent Case Study
June 07, 2025

All Blogs

Latest Transport Law

Case Study: Operator’s Licence Application Form – Why Getting It Right Matters 18 July 2025

Transport Law

Applying for an Operator’s Licence (O Licence) is more than just completing a form—it's a demonstration of trustworthiness. The Traffic Commissioner (TC) will only grant a licence if satisfied that the applicant can be relied upon to comply with the responsibilities that come with it. That trust starts with the application.

The Application Form – A Critical First Impression

For new applicants, the first and most important step is completing the application form correctly. Done properly, a licence can often be granted within the target timeframe of six weeks or less. Done incorrectly, and the process can stall or even result in a proposed refusal and a call to attend a public inquiry (PI).

One of our clients experienced exactly that.

The Issue: An Honest Mistake with Serious Consequences

Our client had submitted an application which, on its face, appeared to be incomplete. Specifically, it failed to declare a historic association with a previous O Licence application. While the omission was a genuine mistake, it raised a red flag for the TC.

The Office of the Traffic Commissioner (OTC) treated the matter seriously. The failure to declare past associations can suggest negligence—or worse—and it called into question the applicant’s reliability.

Our Approach: Full Disclosure and Positive Evidence

We assisted our client in preparing a comprehensive written submission to the TC's office in advance of the hearing. This included:

A clear explanation of how the error occurred.
Evidence showing that there was no intent to mislead.
Detailed information about the client’s proposed compliance systems.
Supporting documentation showing that the error had brought no advantage—only the disadvantage of triggering a PI.

The Outcome: Licence Granted with Conditions

At the public inquiry, the client gave open and honest answers about the error and demonstrated an up-to-date understanding of the maintenance and compliance obligations expected of O Licence holders.

The TC was ultimately satisfied that the application had been made in good faith. The licence was granted, with a condition that the operator complete an independent systems audit within six months and submit the findings to the OTC.

Key Takeaway: Accuracy is Essential

This case serves as a clear reminder of the importance of getting the application right first time. Even minor errors can result in delays, additional scrutiny, and the stress and cost of a public inquiry.

If you're applying for an O Licence, it pays to seek professional guidance from the start. Our team can help you navigate the process, ensure your paperwork is accurate and complete, and give you the best chance of a smooth application.

Case Study: Failure to Follow Up on Audit Leads to Second Public Inquiry 15 June 2025

Transport Law

Being called to a Public Inquiry is a serious matter for any operator. But facing two inquiries within a year can put an operator’s very survival at risk. In this case, our client—a licensed operator—found themselves before the Traffic Commissioner for the second time in under twelve months. The issue? Failure to follow through on a straightforward undertaking given at the first hearing.

The First Public Inquiry

The operator initially faced a Public Inquiry due to several maintenance failings, along with wider compliance concerns. On paper, the case looked serious. However, the company was committed to improvement and had started taking corrective action even before the hearing date was set.

We were instructed in good time and provided detailed advice not just on the maintenance issues raised, but also on other areas of compliance that had not been fully appreciated by the operator. The company took on board our recommendations and made a robust response to the DVSA’s findings. At the inquiry, the Traffic Commissioner acknowledged the positive steps taken, and the outcome was a formal warning—no more.

The Missed Undertaking

One of the undertakings given at the first hearing was for the operator to arrange an independent systems audit within six months. This was a clear and reasonable requirement. Unfortunately, the audit was not carried out within the required timeframe, and no communication was made with the Traffic Commissioner’s office.

When the TC’s office followed up, the operator explained that the failure had been an honest oversight. An audit was booked immediately, but by then it was too late to avoid the consequences. A second Public Inquiry was called—this time with the O Licence at serious risk.

The Second Hearing

We were instructed once again. The operator accepted our further advice and offered several new undertakings to address the situation. As before, the company’s director and transport manager presented well at the hearing.

In our legal submissions, we emphasised that this was a compliant and responsible operator that had learned from past mistakes and was not a threat to road safety or fair competition. We acknowledged the seriousness of the repeat appearance but highlighted the progress made and the company’s genuine efforts to get things right.

The Outcome

Despite being unimpressed by the need for a second hearing, the Traffic Commissioner accepted that the business had taken appropriate action and showed genuine intent to comply. While revocation was considered, the TC decided—just—to stop short of it.

The result was a short, two-week curtailment of vehicle authority. Given the circumstances, this was a remarkable outcome.

Our client recognised how close they had come to losing their licence altogether and expressed their sincere thanks for our guidance and representation throughout both proceedings.

Successful Outcome at a Challenging Public Inquiry: A Recent Case Study 07 June 2025

Transport Law

Recently, we were instructed well in advance—approximately five weeks before the hearing—to represent a client facing serious regulatory challenges. This lead time was crucial, allowing us to prepare a comprehensive case and avoid the pitfalls that often accompany last-minute instructions, including potential criticism from the TC for insufficient preparation.

The Issues Identified

During a PSV checkpoint, several significant compliance issues were uncovered:

Driving without the correct entitlement
Absence of a valid MOT or having the wrong type of MOT
Insufficient daily rest periods for drivers

Following this, the DVSA launched a detailed traffic investigation that revealed serious systems failures within the operator’s management. While the operator was not prosecuted, the Operator Licence was placed under threat, and they were required to submit evidence at the Public Inquiry.

Our Approach

We advised the operator thoroughly on all key issues identified in the TC’s PI Brief, as well as on additional risks not explicitly raised. Our recommendations included targeted training and educational courses specifically designed for PSV operations, emphasizing the importance of compliance and system improvements.

The operator’s cooperation was exemplary. Unlike cases where operators seek to mislead or minimize faults, this operator acknowledged the technical nature of many offences—offences serious in regulatory terms but not necessarily posing a substantial threat to road safety or fair competition.

Preparation and Evidence Submission

Submissions were made well ahead of the hearing—three weeks prior to the DVSA and two weeks prior to the TC’s office. The evidence demonstrated a robust overhaul of operational systems and a fundamental shift in compliance culture. Importantly, DVSA’s subsequent reports acknowledged that the operator was broadly compliant with all relevant regulatory requirements.

The Hearing and Outcome

At the Public Inquiry, both the operator and the transport manager presented clear, confident, and candid evidence. Their preparedness and willingness to accept responsibility helped the Traffic Commissioner in reaching a balanced decision.

The TC acknowledged the operator’s orderly preparation and improvements, resulting in a warning and a short removal of a margin of vehicle authority. This outcome had minimal adverse impact on the business and reflected positively on the operator’s prompt and serious response to legal advice.

Why Early Legal Advice Matters

This case highlights the critical importance of instructing specialist transport law advisers promptly when facing regulatory challenges. Early engagement allows for:

Thorough investigation and preparation
Effective response to all issues raised
Mitigation of potential penalties through demonstration of proactive compliance

If your PSV or transport business faces compliance issues or a Public Inquiry, contact NA Legal for expert guidance and representation. Our experience can make a decisive difference in securing the best possible outcome.

Call us for free on 0800 1777 522

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We advise and represent transport businesses throughout the whole of the UK in all parts of England, Scotland, Wales and N.Ireland.

Latest Blogs

IF YOU NEED HELP OR ADVICE

Latest Transport Law

The Application Form – A Critical First Impression

The Issue: An Honest Mistake with Serious Consequences

Our Approach: Full Disclosure and Positive Evidence

The Outcome: Licence Granted with Conditions

Key Takeaway: Accuracy is Essential

The First Public Inquiry

The Missed Undertaking

The Second Hearing

The Outcome

The Issues Identified

Our Approach

Preparation and Evidence Submission

The Hearing and Outcome

Why Early Legal Advice Matters