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 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 […]

Public Inquiries Comments Off on Operator Granted New Licence as Applied for at Traffic Commissioner’s Public Inquiry Despite “Licence Lending” Problems with Old Licence
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 […]

Public Inquiries Comments Off on Operator Leaves Traffic Commissioner’s Public Inquiry With a Formal Warning and Increase in Authority of 12 Vehicles
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 […]

Public Inquiries Comments Off on Operator Keeps Licence By Skin of His Teeth at Traffic Commissioner’s Public Inquiry
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.

Public Inquiries Comments Off on MOT Tester who Provided Certificates for Cars that were not Present Escapes Custody
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 […]

Public Inquiries Comments Off on Transport Manager Has No Action Taken Against Them at Traffic Commissioner’s Public Inquiry
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 […]

Public Inquiries Comments Off on Scaffolder Gets Increase in Vehicle Authorisation at Traffic Commissioner’s Public Inquiry
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 […]

Public Inquiries Comments Off on New Operators Licence Granted at Traffic Commissioner’s Public Inquiry Establishing a Future for a Well Established Coach Operator
Operator Called into Traffic Commissioner’s Preliminary Hearing as a Result of Death of Cyclist

The operator’s driver turned left and killed a cyclist overtaking on the nearside of his vehicle. The Traffic Commissioner was concerned as to whether the operator’s systems were up to standard. The vehicle was fitted with the Direct Vision equipment standard at the time. The operator had tightened up their […]

Public Inquiries Comments Off on Operator Called into Traffic Commissioner’s Preliminary Hearing as a Result of Death of Cyclist
Operator at Second Public Inquiry Avoids Revocation of Operator’s Licence

Our client was called to a Public Inquiry due to an unsatisfactory Desk Based Assessment, which is a request by DVSA for an explanation of an Operator’s compliance procedures. This was a second Public Inquiry in a short period of time, and the Traffic Commissioner was very concerned about the lack of progress […]

Public Inquiries Comments Off on Operator at Second Public Inquiry Avoids Revocation of Operator’s Licence
Operator Threatened with Revocation of Operator’s Licence Allowed to Continue Operating

Laura Newton represented an Operator called to a Public Inquiry before the Traffic Commissioner. There was a background of maintenance issues, including an unsatisfactory MIVR, the report produced by DVSA following a site visit and record audit. Whilst the maintenance had improved, other significant compliance issues arose during the hearing, which […]

Public Inquiries Comments Off on Operator Threatened with Revocation of Operator’s Licence Allowed to Continue Operating

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