Licence Lending Concerns Satisfied Without Need for Public Inquiry | Smith Bowyer Clarke

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Licence Lending Concerns Satisfied Without Need for Public Inquiry

An operator, represented by barrister Harry Bowyer, was called to a Preliminary Hearing where the Traffic Commissioner had concerns about licence sharing.

At the time of a DVSA vehicle stop the traffic examiner noticed the operators name on the displayed O licence did not match the livery of the vehicle. The Managing director was driving the vehicle as he had just passed his HGV test and wanted the driving experience. The vehicle was owned by his father’s company and was on that licence. There was an arrangement between the two companies that the operator would drive the vehicle in return for a wage but that the vehicle would be operated and under the continuous and effective control of the father’s company.

With the parties called in front of the Traffic Commissioner Harry Bowyer was able to demonstrate with contemporary documentation that the vehicle was being operated by the father’s company although being driven by the son.

The Traffic Commissioner was satisfied with the explanations given and felt that there was no reason to hold a full Public Inquiry. The company was warned about the need for vehicle and driver hire arrangements to be fully documented with invoices and evidence of payment of those invoices.

Case Details

Case Name: Licence Lending Concerns Satisfied Without Need for Public Inquiry
Case Date: November 2017
Case Type (info): Preliminary Hearing

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