Operator Granted Licence at Traffic Commissioner’s Public Inquiry Despite Fronting Concerns

Murray Oliver helped another HGV operator to find his future at a Public Inquiry in Eastbourne. The Traffic Commissioner was concerned when she received an application from a new company to take over the operations from another company that had not been in business for very long. The director had previously put another company into liquidation  and this application looked like a device to help a failing company avoid paying its debts. The old company had transferred its money to the new company so a question of financial standing was also considered.

The operator had been poorly advised to only make an application for 2 vehicles then 6 were required. It is a myth that it is easier to upgrade from a small licence to a bigger one.  The operator will have further expense and delay whilst a variation is applied for. The Traffic Commissioner must grant a licence as applied for once the statutory requirements are met.

The Traffic Commissioner reviewed all aspects of this case and considered the full explanation of the reasons for the application and  considered the previous licensing history. Murray helped the  Operator present their evidence to satisfy the Traffic Commissioner that there was no bad faith behind the applications and that it could be trusted to continue to operate compliantly.

The old company’s licence was reduced to 3 vehicle meet the levels of financial standing available and the new company can start operating and apply for a variation to take over the old companies operations later in the year.