PSV Operator Keeps Licence after Traffic Commissioner’s Public Inquiry

This PSV Operator, represented by Barrister Harry Bowyer, contacted SBC after receiving the call in letter for Public Inquiry. They had previously been called in to a preliminary hearing which they had dealt with unrepresented. The reality of the situation was that this was an operator that was genuinely trying to comply with the regulations but did not have the skill set to do so. The Transport Manager was flawed and could not see his own shortcomings which led to inefficient checks on the maintenance regime. The PMI provider was using old documentation and signing vehicles off as roadworthy that had uncorrected faults – none of which was picked up. There was an unenviable history of MOT failures.

The Company was using an unauthorised operating centre largely as a result of the TM’s lack of understanding as to what an operating centre was and the need to operate from an authorised centre.

SBC put in a reputable Transport Consultant who streamlined the compliance systems and made sure that the employees knew how to use those systems. The PMI provider was replaced with a competent provider.

The Traffic Commissioner was rightly hard on the Operator at public Inquiry as they were still not compliant after two DVSA compliance visits and a preliminary hearing. They were lucky not to lose their licence.

This was a classic case of an Operator who genuinely wanted to be compliant, failing to seek appropriate help at an early stage. Properly sorted with access to professional help it is doubtful that this operator will trouble the OTC again.

It cannot be overemphasised that the time to get help is not when the call in letter arrives 28 days before Public Inquiry but when the DVSA find fault at a compliance visit if not sooner!