"Dinosaur" Operator Keeps Licence after Traffic Commissioner's Public Inquiry | Smith Bowyer Clarke

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“Dinosaur” Operator Keeps Licence after Traffic Commissioner’s Public Inquiry

The operator in this case, represented at Public Inquiry by barrister, Harry Bowyer, was a long time PSV operator very set in his ways. He was his own transport manager and had not been subject to any refresher training for many years. He contacted a reputable firm of Transport Consultants who put him in touch with SBC. It became apparent that as transport manager the job was too much for the operator and the Traffic Commissioner removed his good repute and disqualified him in that role. The Traffic Commissioner was worried by the Upper Tribunal case of Alastair Walter T/2017/55 which implies that good repute qua transport manager and operator are indivisible (Counsel in that appeal one H Bowyer!). He was persuaded that this was one of those cases that the Upper Tribunal allowed for as an exception to that general rule and allowed the licence to continue with a period of grace to find a new transport manager subject to a curtailment.

Case Details

Case Name: “Dinosaur” Operator Keeps Licence after Traffic Commissioner’s Public Inquiry
Case Date: September 2022
Case Type (info): Public Inquiry

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