Preliminary Hearing Representation for HGV and PSV Operators

Early Intervention. Strong Representation. Better Outcomes.

If you’ve been invited to a Preliminary Hearing, it’s important to act quickly to allow us time to provide the best advice in a time scale which is achievable.

Preliminary Hearings are becoming increasingly common in the regulatory landscape and are now firmly part of the Traffic Commissioner’s toolkit. While they are considered a step before a full Public Inquiry, they should not be taken lightly. A well-prepared approach at this early stage can stop matters from escalating further and protect your operator’s licence.

Preliminary Hearings: What Operators Need to Know

What is a Preliminary Hearing?

A Preliminary Hearing is an alternative to being called straight to a Public Inquiry. They are case management hearings which you are invited to attend in order to determine whether a Public Inquiry is necessary.

Although the request to attend is a formal one, the hearing will not appear on the Public Portal, and the Traffic Commissioner cannot take any regulatory action against you or the operator’s licence.

Formal outcomes are limited to:

  1. Formal Warning
  2. Provision of Undertakings

In those circumstances you may not think that legal representation is required.

However, if you can present the best possible case for your business at this hearing, you are less likely to be called to a Public Inquiry.

The hearings are typically arranged where the alleged compliance issues appear to be:

  • Isolated incidents within an otherwise compliant operation
  • Administrative or procedural errors that may be quickly corrected
  • Issues that can potentially be resolved with early engagement

During the hearing, the Traffic Commissioner will explore the compliance concerns. If satisfied that the matter has been identified, addressed and future compliance is likely, the case may be closed without further action.

However, if the Commissioner is not convinced, the next step is usually a Public Inquiry — where the Traffic Commissioner will determine whether regulatory action is appropriate.

  • The average decision time for new goods-vehicle operator licence applications improved to 31 working days, and for PSV licences to 34 working days.
  • Public Inquiries listed within 12 weeks stood at 82% (down from 85%).
  • There were 1,066 Public Inquiries completed during the year.
  • There were 244 Preliminary Hearings held in the year.
  • There were 1,532 bridge-strike incidents in 2023-24 noted in the report.

Our transport law specialists will:

 

  • Review the compliance concerns and Traffic Commissioner’s letter
  • Advise you on corrective actions to take before the hearing
  • Prepare written submissions to present your case positively
  • Represent you at the hearing, ensuring your position is clearly and confidently put forward
  • Help you demonstrate proactive compliance and effective management control

We have extensive experience representing operators in every UK traffic area and understand exactly what Traffic Commissioners expect to see at this early stage.

Early Legal Support Can Make All the Difference

Addressing the issue before it becomes a full Public Inquiry could protect your licence, your reputation and your business operations. The sooner you contact us, the stronger your position will be.

 

Received a Preliminary Hearing Letter? Act Now.

Don’t risk escalation to a full Public Inquiry. Our experienced transport lawyers can guide you through the process and help secure the best possible outcome.

Call us today or contact our team for an initial consultation.

Contact an experienced transport lawyer to handle your case.