Opportunity for a Fresh licence Application Following a Finding of Unauthorised Use

Murray Oliver represented a scaffolding operator whose Operators licence had ended because the operator had
not completed the renewal forms on time. The applicants orginal systems had let them down by failing to identify
the renewal date for the Operator’s licence. After a thorough review of the systems the applicant was able to
satisfy the Deputy Traffic Commissioner that the systems that were in place would have been capable of being
effective. However where there is a gap between operator licences there will always be a suspicion of
unauthorised use and the applicant was unable to convince the Traffic Commissioner that this had not happened
and the O licence was refused at Public Inquiry.
Tachograph records to the VOR status of a vehicle would have been helpful to prove the applicant was fit. The door
was left open for a fresh application to be made for a new O licence.