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 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
Director/Transport Manager Keeps Good Repute Despite Spouse Using Truck Over 300 Times Without a Licence

The Director in this case, represented at Public Inquiry by Barrister Harry Bowyer, was also the Transport Manager of the Company. Their spouse had submitted and application for an operator’s licence which did not have an interim granted. As the couple had severe financial problems owing to an ongoing legal […]

Public Inquiries Comments Off on Director/Transport Manager Keeps Good Repute Despite Spouse Using Truck Over 300 Times Without a Licence
Operator Granted Licence at Traffic Commissioner’s Public Inquiry Despite Fronting Concerns

Murray Oliver helped another HGV operator to find his future at a Public Inquiry in Eastbourne. The Traffic Commissioner was concerned when she received an application from a new company to take over the operations from another company that had not been in business for very long. The director had […]

Public Inquiries Comments Off on Operator Granted Licence at Traffic Commissioner’s Public Inquiry Despite Fronting Concerns
“Serious” Failings Met With Temporary Curtailment of Margin at Traffic Commissioner’s Public Inquiry

Solicitor Laura Newton represented a well established large scale haulier, which had been called to Public Inquiry in relation to a serious RTA involving a company vehicle and an unsatisfactory DVSA investigation. At the point of Public Inquiry, due to the advice and preparation we were able to present a […]

Public Inquiries Comments Off on “Serious” Failings Met With Temporary Curtailment of Margin at Traffic Commissioner’s Public Inquiry
Formal Warning for PSV Operator at Traffic Commissioner’s Public Inquiry

This PSV operator, represented by Millicent Dooher, barrister, was called for a Public Inquiry following concerns relating to the entity and regulatory compliance, both maintenance and driver’s hours. By the time the Public Inquiry was called, the Operator had implemented significant and effective changes to their compliance systems, but accepted […]

Public Inquiries Comments Off on Formal Warning for PSV Operator at Traffic Commissioner’s Public Inquiry
PSV Operator Escapes with Formal Warning at Public Inquiry After Unsatisfactory DVSA Report

This small scale operator, represented at Public Inquiry by barrister Harry Bowyer, was visited by the DVSA who found a number problems including difficulties with the BODS system. He engaged SBC and a competent transport consultant to help put the operation back on compliant form. He was congratulated on taking […]

Public Inquiries Comments Off on PSV Operator Escapes with Formal Warning at Public Inquiry After Unsatisfactory DVSA Report
New Licence Granted with Formal Warning at Public Inquiry After Change of Entity

The operator in this matter, represented at Public Inquiry by Barrister Harry Bowyer, incorporated his business on his accountant’s advice as a limited company without thinking of the effect on his operator’s licence. The actual effect was that the business operated without a licence for four years until a visit […]

Public Inquiries Comments Off on New Licence Granted with Formal Warning at Public Inquiry After Change of Entity

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