“Old School” Operator Keeps Licence After Public Inquiry

This operator , represented by Barrister Harry Bowyer, was also his own Transport Manager through “Grandfather” rights. He had failed to update his knowledge through any form of training or course. This was his third Public Inquiry since 1995. The current call in was because one of his lorries was stopped whilst pulling a trailer MOT of which had lapsed. The subsequent visit by the DVSA Traffic Examiner revealed a number of issues including the fact that the operator had not complied with previous undertakings made to the Traffic Commissioner.

It was apparent to the operator as well as the Traffic Commissioner that his days as a Transport Manager were over. The Traffic Commissioner allowed him to resign as Transport Manager, with no reflection on his repute, and allowed a period of grace for the appointment of a new Transport Manager. The Traffic Commissioner allowed the licence to continue subject to undertakings.

By restructuring in this way the business was put into a condition whereby it was fit to be taken over in due course by the Operator’s son which was the operator’s main concern.