Public Inquiry Results in No Further Action Despite Concerns over Financial Standing

Barrister Helen Newbold represented this PSV Operator in public inquiry when concerns were raised over their continued ability to meeting their financial standing.

Applying to amend a standard national PSV licence to a restricted PSV licence the operator had to demonstrate that the business was no longer the main occupation. The accounts initially submitted showed a sufficient level of funds for a restricted licence.  However, the operator was unable to demonstrate that they dedicated more than the minimum amount of time to the other income source; thus, it fell outside of the definition of a main income. The Traffic Commissioner therefore declined the application for a restricted licence and called the operator to a public inquiry in respect of their financial standing for their existing standard national licence.

Helen was able to advise the operator fully on the criteria for a restricted PSV licence.  After written and oral submissions to the inquiry Helen demonstrated that this was a simple fact of misunderstanding the PSV restricted licence requirements. Further that operator was still fully complaint with their existing licence requirements. The traffic commissioner was satisfied with the operator’s explanation and no further action was taken against the licence.