Public Inquiry Adjourned for Unrepresented Operator to Get Representation Before Suspension - Helen Newbold Changes Traffic Commissioner's Mind | Smith Bowyer Clarke

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Public Inquiry Adjourned for Unrepresented Operator to Get Representation Before Suspension – Helen Newbold Changes Traffic Commissioner’s Mind

This Operator represented himself at Public Inquiry which was adjourned as the Traffic Commissioner was considering curtailing the fleet. Barrister Helen Newbold represented the Operator at a resumed Public Inquiry where the issues of concern were that the company failed to meet its undertaking in relation to financial standing.
At the first un-represented hearing the company offered to curtail their fleet immediately due to issues with maintenance and lack of an MOT. They were advised that a 4-week suspension of the licence was the starting point for a further sanction at a resumed hearing regarding financial standing.
Helen Newbold was able to guide the tribunal through the operator’s business model in order to demonstrate where apparent issues in financial standing may lie. The Traffic Commissioners decision was that he would grant a period of grace for 5 months in order that the operator could demonstrate in a clear an unequivocal manner that financial standing had been met.
In respect of all other matters the Traffic Commissioner was satisfied that the curtailment offered by the Operator at the previous hearing was sufficient and he would not continue to impose a period of suspension.

Case Details

Case Name: Public Inquiry Adjourned for Unrepresented Operator to Get Representation Before Suspension – Helen Newbold Changes Traffic Commissioner’s Mind
Case Date: July 2019
Case Type (info): Public Inquiry

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