Partnership to be Terminated and Sole Trader Operator’s Licence To Be Sought for Remaining Partner

A haulier, represented by Martin Smith, with an Operator’s Licence authorising the use of 12 vehicles and 2 operating centres was called to a Public inquiry. Although a partnership held the Operator’s Licence, one of the two partners was elderly and could not attend the Public Inquiry.

The Traffic Commissioner voiced a number of concerns, including financial standing, drivers’ hours infringements and defect reporting. SBC arranged for a transport consultant to conduct an audit of the business and a subsequent compliance visit. The systems of the operator were substantially improved. It was agreed that the best way forward was to bring the existing Operator’s Licence held by the partnership to an end and for a new sole trader licence to be sought. The Traffic Commissioner commented that the operator’s repute had been tarnished but not lost.

A classic case where a change of entity leads to problems with the Office of the Traffic Commissioner.