“Exempt” Company Obtains Restricted Licence Despite Traffic Commissioner’s Concerns that a Standard National Licence More Appropriate

Laura Newton was instructed to act on behalf of an Operator called to Public Inquiry for consideration of a new Operator’s Licence. The company had previously considered itself to be exempt from Operator Licencing, so was called to consider whether it had acted unlawfully which may impact its repute. Secondly, the Company was seeking a Restricted Authority to carry out sewer and drainage works, and a separate argument was required as the Traffic Commissioner’s initial view was that this required a Standard Licence. Detailed legal arguments supported by evidence of the work undertaken were submitted. We were able to successfully demonstrate that the Operator’s action before the Licence application did not affect its repute and more importantly secure the Traffic Commissioner’s agreement that the work was suitable for a Restricted Authority.