Public Inquiries Archives | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Archive: Public Inquiries

Operator Keeps Licence at Traffic Commissioner’s Public Inquiry, Subject to a Time Limited Curtailment of their Margin Despite Failing to Act on a “Strong Warning Letter.”

This operator, represented at Public Inquiry by Barrister Harry Bowyer, received a “strong warning letter” from the Office of the Traffic Commissioner in 2023. A Desk Based Assessment in 2024 revealed that the same faults were still very much present. The operator took action by establishing a strong transport team […]

Public Inquiries Comments Off on Operator Keeps Licence at Traffic Commissioner’s Public Inquiry, Subject to a Time Limited Curtailment of their Margin Despite Failing to Act on a “Strong Warning Letter.”
17 day Curtailment of 1 Vehicle for Operator with 100% MOT failure and Operating above their Authorisation.

This Company, represented by Millicent Dooher, had been called before the Office of the Traffic Commissioner following an unsatisfactory maintenance and driver’s hours DVSA investigation. There were concerns with use of an unauthorised operating centre, use of a vehicle over the authorisation and a 100% MOT failure rate along with […]

Public Inquiries Comments Off on 17 day Curtailment of 1 Vehicle for Operator with 100% MOT failure and Operating above their Authorisation.
Scaffolder Granted Licence at Traffic Commissioner’s Public Inquiry After Operating Truck Without a Licence

This scaffolder allowed his licence to lapse and had to apply for a new one. Whilst waiting for the new licence he was found to have used his truck over 100 times through use of the ANPR system. The subsequent Public Inquiry did not end happily! He reapplied for a […]

Public Inquiries Comments Off on Scaffolder Granted Licence at Traffic Commissioner’s Public Inquiry After Operating Truck Without a Licence
Operator Retains Licence with Curtailment of Margin and Undertaking to Move to Standard National Licence.

Millicent Dooher, barrister, represented this operator before the Traffic Commissioner at their Public Inquiry following a sustained period of unsatisfactory maintenance and drivers’ hours compliance. The operator had taken advice from an early stage and was able to present a picture of where they would be moving forwards. The Traffic […]

Public Inquiries Comments Off on Operator Retains Licence with Curtailment of Margin and Undertaking to Move to Standard National Licence.
Transport Manager Escapes with Repute Intact Despite Serious Failings in Maintenance and “S” Marked Prohibition at Traffic Commissioner’s Public Inquiry

Laura Newton represented a Transport Manager at Public Inquiry relating to an international haulier. The company operated vehicles in the UK across multiple traffic areas with two Transport Managers nominated on the licences. The Inquiry was called because of serious failings in maintenance, as evidence from S Marked Prohibitions and […]

Public Inquiries Comments Off on Transport Manager Escapes with Repute Intact Despite Serious Failings in Maintenance and “S” Marked Prohibition at Traffic Commissioner’s Public Inquiry
Operator with “S” Marked Prohibition Spared Traffic Commissioner’s Public Inquiry at Preliminary Hearing

This operator, represented at the preliminary hearing by barrister, Harry Bowyer, had his driver stop owing to a rattling noise. The cause was 6 loose wheel nuts which had nearly led to a wheel loss. Unfortunately the DVSA passed by (or didn’t) and slapped an “S” marked prohibition on the […]

Public Inquiries Comments Off on Operator with “S” Marked Prohibition Spared Traffic Commissioner’s Public Inquiry at Preliminary Hearing
Operator Keeps Licence Despite “Self Employed” Drivers at Traffic Commissioner’s Preliminary Hearing

This HGV operator, represented at Public Inquiry by solicitor Murray Oliver, had continued to use drivers working for through own Limited Companies despite a strong warning that the practice must cease from a Traffic Commissioner in 2019. HMRC and the Traffic Commissioners are making a joint effort to flush out […]

Public Inquiries Comments Off on Operator Keeps Licence Despite “Self Employed” Drivers at Traffic Commissioner’s Preliminary Hearing
Operator Granted New Licence at Traffic Commissioner’s Public Inquiry

This operator had his previous licence revoked as he failed to attend a Public Inquiry owing to a mix up with the post. The operator applied for a new licence and appointed a new transport manager (The failings of the previous TM was the essence of the previous Public Inquiry). […]

Public Inquiries Comments Off on Operator Granted New Licence at Traffic Commissioner’s Public Inquiry
Operator with Card Pulling Drivers Keeps Licence at Traffic Commissioner’s Public Inquiry

This operator, represented at Public Inquiry by Barrister Harry Bowyer, had a restricted licence. A visit from the DVSA revealed that a number of their drivers had been driving without cards. There were concerns that the sole director was living abroad. Action was taken to appoint a director to oversee […]

Public Inquiries Comments Off on Operator with Card Pulling Drivers Keeps Licence at Traffic Commissioner’s Public Inquiry
Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Suspicions of Fabricated Documents

A well established haulier in the construction industry had relied on the absence of accidents and prohibitions as proof that he had effective systems. We became involved and quickly recognised that there were no modern systems in place and helped the Operator to understand the changes necessary to avoid the […]

Public Inquiries Comments Off on Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Suspicions of Fabricated Documents

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