Public inquiry (if you don't tell the truth you could lose licence or criminal charges to follow

[Name Removed] (Account suspended) made this Freedom of Information request to Traffic Commissioners

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[Name Removed] (Account suspended)

Dear Traffic Commissioners,
Regarding public inquiry can you confirm the following information
Q1)I've noticed on your website you are
Harassing the individual before he's even arrived at your public hearing by
Advertising (if you don't tell the truth you could lose your license or criminal charges may follow) would you agree this is threating behaviour!! And if not please explain?
Q2)can you explain why it's called a public hearing and who are the public please explain?
Q3)can you explain why you might listen to the dvsa who originally examined the vehicle and certificated it for 12 months and also have a finiacial intrest in the outcome of the enquiry
Q4)would you agree there is a conflict of interest regarding the evidence the dvsa supply
Q5)would you agree this is a unfair advantage towards the accused??
Q6) what do you think would happen in a court of law
Q7)would you agree dvsa are examing their own work as they have issued mot
For 12 months
Q8)is there anyone else who is authorised to issue a 12 month mot other than the dvsa
Q9)would you agree your policies are designed to harass extort money out of hardworking people
Q10) why dose the traffic commissioners feel they have a right to look at people's bank statements when applying for a operators license
Q11)please confirm you are not breaking our common law rights in any way shape or form
Yours faithfully,

A [Name removed]

Traffic Commissioners

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Traffic Commissioners

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Richard Taylor left an annotation ()

The request was not treated as a FOI request, but the following advice was provided:

Traffic Commissioners are required, by law, to publish all Licence applications and regulatory Hearings. Licence applications are published to allow statutory objectors (such as the Police and local authorities) to notify the Commissioners of any matters which may affect the issue of a Licence. Traffic Commissioners cannot hold a Public Inquiry unless notice has been published in advance.

The Senior Traffic Commissioner (STC) publishes a suite of statutory guidance documents to provide advice and assistance to industry and the public. Statutory guidance documents 4, 9 and 10 set out, in further detail, the legislative requirements. You can access these documents here:

https://www.gov.uk/government/uploads/sy...

https://www.gov.uk/government/uploads/sy...

https://www.gov.uk/government/uploads/sy...
Anyone who wishes to may attend a Public Inquiry, as stated in section 35(3) of the Goods Vehicles (Licensing of Operators) Act 1995 and section 54(3) of the Public Passenger Vehicles Act 1981, both sections are reproduced below.

35.(3) Subject to any provision made by regulations, any inquiry held by a traffic commissioner for the purposes of this Act or the 2009 Regulation shall be held in public.

54.(3) Subject to any provision made by regulations, any inquiry held under this section shall be public.

The Traffic Commissioners are a tribunal non-departmental public body sponsored by the Department for Transport and are independent regulators of industry. The DVSA is an executive agency of the Department for Transport.

The Department for Transport (DfT) published a Framework document, which describes the relationship between DfT, the Traffic Commissioners and the Driver and Vehicle Standards Agency (DVSA). You can access this document here:

https://www.gov.uk/government/uploads/sy...
You can find more information on Public Inquiries and the Public Inquiry process here:

https://www.gov.uk/government/uploads/sy...

Within STC Statutory guidance document 10, at Annex 2, is information concerning the Traffic Commissioners starting points when considering taking regulatory action. For a website link to this document, please see our response to question 1.

You can find information on sentencing guidelines for the Courts here:

https://www.gov.uk/government/organisati...

You can find information on attending Court here:

https://www.gov.uk/government/news/advic...

More information about Annual Tests and the Annual Test process can be found here:

https://www.gov.uk/annual-test-for-lorri...

It is a statutory requirement contained in the Goods Vehicles (Licensing of Operators) Act 1995, the Public Passenger Vehicles Act 1981 and Regulation (EC) 1071/2009 as well as other relevant legislation.

STC Statutory guidance document 2 refers to the relevant legislation. You can find it here:

https://www.gov.uk/government/uploads/sy...

If you are not satisfied with the way in which we have handled your request, or with the reason given for refusing to provide the information, you have the right to request a review. Your request for a review, must be made within two calendar months from the date of this letter.