Archive: Public Inquiries
Driver with Mobile Phone Offence Disqualified for Half the Recommended Starting Point
This driver’s mobile phone was being used as a sat nav when the double sided tape gave out and it fell from the windscreen. He picked it up to check the route when he was seen by the police. The driver, represented by barrister, Harry Bowyer, was able to put […]
Dinosaur Operator Keeps Licence at Traffic Commissioner’s Public Inquiry
This operator of a certain age, represented by barrister Harry Bowyer, was operator, transport manager, driver and mechanic for his operation and was not doing any of them well. He was using out dated PMI forms, brake testing 4 times a year and not recording TM and mechanic work as […]
Family Firm Keeps Licence Despite Behaviour of Family Member
This operator, represented at Public Inquiry by barrister Harry Bowyer, had a family member who behaved in a manner not conducive to the operator licensing regime. The operator insisted that he resigned as a director as soon as the behaviour was discovered. The Traffic Commissioner accepted that the remaining directors […]
Operator Granted New Licence as Applied for at Traffic Commissioner’s Public Inquiry Despite “Licence Lending” Problems with Old Licence
The Director in this matter represented by barrister Harry Bowyer at Public Inquiry, was closing down his operator licence holding company in order that a new entity could obtain an operator’s licence. A problem became apparent in that the assets and employees of the old entity had been transferred to […]
Operator Leaves Traffic Commissioner’s Public Inquiry With a Formal Warning and Increase in Authority of 12 Vehicles
The operator in this matter, represented by barrister Harry Bowyer at Public Inquiry, had a number of problems including an unauthorised operating centre, self employed drivers, financial standing (money kept in wrong pot) and a poor DVSA visit. He was very proactive and dealt with most of the issues after […]
Operator Keeps Licence By Skin of His Teeth at Traffic Commissioner’s Public Inquiry
This Operator, represented by Harry Bowyer at Public Inquiry, had a single director who was also the main driver. This led to many of the usual problems with director’s duties colliding with rest requirements along with a generous scattering of infringements that should not have occurred with any driver let […]
MOT Tester who Provided Certificates for Cars that were not Present Escapes Custody
This MOT tester, represented at the Magistrates’ Court by Barrister Harry Bowyer pleaded guilty to 9 counts of Fraud, each representing a car not tested. The Magistrates drew back from immediate custody, dealing with the case by way of a community order and unpaid work.
Transport Manager Has No Action Taken Against Them at Traffic Commissioner’s Public Inquiry
This transport manager, represented by barrister Harry Bowyer, was instructed by a scaffolding firm which had an unsatisfactory Desk Based Assessment. The Traffic Commissioner accepted that the shortcomings were down to inexperience and that they had taken major steps to educate themselves since and took no action against their good […]
Scaffolder Gets Increase in Vehicle Authorisation at Traffic Commissioner’s Public Inquiry
This operator, represented by barrister Harry Bowyer had an unsatisfactory DVSA visit which resulted in their application for an increase in authorisation being called into Public Inquiry. The Traffic Commissioner decided that their compliance was on an upward trajectory and increased their authorisation by one vehicle with a further vehicle […]
New Operators Licence Granted at Traffic Commissioner’s Public Inquiry Establishing a Future for a Well Established Coach Operator
Traffic Commissioners may be suspicious of a new application to take over the licence held by an existing business especially against a background of earlier business difficulties. A public Inquiry will always start with a trigger issue but Traffic Commissioner’s always look at the whole picture and Murray Oliver helped […]
