Licence Kept Despite Poor Participation by Management in Regulatory Compliance

Martin Smith represented a haulier called to a Public Inquiry following a DVSA maintenance investigation carried out as a result of an application which the haulier had made to add an operating centre and increase the total number of authorised vehicles and trailers.
The Deputy Traffic Commissioner expressed concern that even the transport consultant engaged by the haulier following the maintenance investigation had reported her conclusion to the DVSA that “the management was not willing to actively participate or engage in the daily running of compliant transport operations and it was of low importance to them in comparison to getting the jobs done and keeping the contracts they had.”
After hearing evidence and submissions made by Martin Smith the Deputy Traffic Commissioner accepted that the company was currently regulatory compliant. Whilst refusing the variation application he allowed the licence to continue.