Licence Lending Operator Survives with Suspension at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was suspected of borrowing a truck from another operator. Both operators had a one truck operation and worked with each other on the same contract, one subcontracting for the other. The problem arose when one could not get on with his manual gearbox so they swapped trucks with our client paying to maintain the other’s truck. The TC accepted that this was not a deliberate attempt to subvert the licensing regime as, like Eric Morecambe playing a piano concerto, they were playing all the right notes – not necessarily in the right order! The same trucks and drivers could have been operated compliantly and no commercial advantage was gained. The TC marked the regulatory breaches with a 28 day suspension and accepted the undertaking of commissioning an audit.