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

Restricted Operator with “S” Marked Prohibition Escapes with Formal Warning At Traffic Commissioner’s Public Inquiry

This operator, represented at Public Inquiry by Barrister Harry Bowyer, operated aggregate lorries which routinely travelled on broken ground. The DVSA found a cut in one of the tyres down to the cords and issued an “S” marked prohibition which led to a visit which, in turn, led to a […]

Public Inquiries Comments Off on Restricted Operator with “S” Marked Prohibition Escapes with Formal Warning At Traffic Commissioner’s Public Inquiry
Operator Licence Saved at Traffic Commissioner’s Public Inquiry Despite Hundreds of Instances of Missing Mileage

Our client, an Operator licenced by the Traffic Commissioner across a number of Traffic Areas, was found to have no system in place to deal with missing mileage. DVSA found hundreds on instances of missing mileage where the Operator could not account for them and had not identified these at […]

Public Inquiries Comments Off on Operator Licence Saved at Traffic Commissioner’s Public Inquiry Despite Hundreds of Instances of Missing Mileage
Director with Serious Criminal Conviction Keeps Good Repute at Traffic Commissioner’s Public Inquiry

Laura Newton represented a Company at Public Inquiry before the Traffic Commissioner. The sole director of the Company, who was also the nominated Transport Manager had been convicted of a serious offence, for which a suspended sentence of 8 months had been imposed. This called into question the repute and […]

Public Inquiries Comments Off on Director with Serious Criminal Conviction Keeps Good Repute at Traffic Commissioner’s Public Inquiry
Operator Escapes with Formal Warning at Traffic Commissioner’s Public Inquiry After Card Pulling Driver Found by DVSA

When this restricted operator, represented by senior solicitor Murray Oliver was informed that one of their drivers had been creating false tachograph records a Public Inquiry was guaranteed. We advised the operator through all the stages of the investigation and the Traffic Commissioner concluded that the efforts to improve all […]

Public Inquiries Comments Off on Operator Escapes with Formal Warning at Traffic Commissioner’s Public Inquiry After Card Pulling Driver Found by DVSA
Licence to be Granted But Newly Qualified Transport Manager Requires Additional Support Before a New O Licence is Granted

This applicant, represented at Public Inquiry by senior solicitor Murray Oliver, was seeking to reboot its skip loader operation after their previous licence expired. Murray Oliver helped the operator to explain that this applicant’s good repute should not be affected because other members of the same family had poor compliance […]

Public Inquiries Comments Off on Licence to be Granted But Newly Qualified Transport Manager Requires Additional Support Before a New O Licence is Granted
Failure to Notify Office of Traffic Commissioner of Insolvency Leads to Public Inquiry

The operator in this matter, represented by barrister Harry Bowyer, added a director to their licence and failed to notify the Office of the Traffic Commissioner of an insolvency that he was involved in. The Traffic Commissioner accepted at the Public inquiry that this was oversight and lack of knowledge […]

Public Inquiries Comments Off on Failure to Notify Office of Traffic Commissioner of Insolvency Leads to Public Inquiry
Operator with “Most Serious Infringement” Keeps Licence at Traffic Commissioner’s Public Inquiry

This operator, represented at Public inquiry  by barrister Harry Bowyer, happily operated a truck with no MOT in place for 6 months. This is a “most serious infringement” and a Traffic Commissioner is obliged to consider revocation of the licence in such a case. Matters were compounded by a less […]

Public Inquiries Comments Off on Operator with “Most Serious Infringement” Keeps Licence at Traffic Commissioner’s Public Inquiry
Operator Licence Granted Despite History of Insolvency

A history of a liquidated company for both a director and a transport manager brought this application to the attention of the Traffic Commissioner. Murray Oliver helped the operator to explain what had happened and after addressing how the Proposed Transport manager would be supported in his role the licence […]

Public Inquiries Comments Off on Operator Licence Granted Despite History of Insolvency
“S” Marked Prohibition Operator Keeps Licence by Skin of their Teeth at Traffic Commissioner’s Public Inquiry

An “S” marked Prohibition brought the Traffic Commissioner’s attention to this operator. The subsequent DVSA Maintenance investigation showed that shortcomings remained with the operation, relating to its use of the operating centre, maintenance records and MOT test history. Murray Oliver represented the Operator at Public Inquiry and helped the operator […]

Public Inquiries Comments Off on “S” Marked Prohibition Operator Keeps Licence by Skin of their Teeth at Traffic Commissioner’s Public Inquiry
SBC Written Submissions Lead to Operator Licence Application Subject to a “Propose to Refuse” Letter being Granted without a Public Inquiry

Our client, an applicant for an Operator’s Licence, represented at Public Inquiry by solicitor Laura Newton, was served with a proposal to refuse the Licence due to issues with a previously linked licence and questions over competence. Laura Newton in a last attempt to resolve matters, prepared a detailed proposal […]

Public Inquiries Comments Off on SBC Written Submissions Lead to Operator Licence Application Subject to a “Propose to Refuse” Letter being Granted without a Public Inquiry

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