Public Inquiries Archives | Page 12 of 28 | Smith Bowyer Clarke

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Archive: Public Inquiries

Preliminary Hearing over in 30 Minutes as Traffic Commissioner’s Concerns Allayed by Documents Submitted Beforehand.

This Operator, represented at preliminary hearing by barrister Harry Bowyer, was called into a preliminary hearing as one of his drivers tested positive for cocaine at a roadside stop. The operator had suspended the driver as soon as he knew the nature of the stop and commissioned an audit from […]

Public Inquiries Comments Off on Preliminary Hearing over in 30 Minutes as Traffic Commissioner’s Concerns Allayed by Documents Submitted Beforehand.
“Phoenix” Concerns Dealt with in Less than 30 Minutes at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public inquiry by barrister Harry Bowyer, was applying for a licence. The business looked very much like a previous business that had gone into liquidation. We were able to show that the assets of the old business had been sold as a pre […]

Public Inquiries Comments Off on “Phoenix” Concerns Dealt with in Less than 30 Minutes at Traffic Commissioner’s Public Inquiry
New Operating Centre Approved and Vehicle Authorisation Tripled Despite Objections from Representors and Local Authority

The Operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, wanted to operate from a new operating centre which was accessed down a shared unmade road. The representors lived in a house at the end of the lane and, understandably, did not fancy HGVs thundering down the […]

Public Inquiries Comments Off on New Operating Centre Approved and Vehicle Authorisation Tripled Despite Objections from Representors and Local Authority
4-Week Single Vehicle Curtailment Following Operator’s 10 month Period of Non-compliance

This Operator, represented by barrister Millicent Dooher, barrister, was called before the Traffic Commissioner following a number of concerns raised by a DVSA investigation, including lack of financial standing, sporadic PMIs, insufficient brake tests and no data analysis. Following lengthy submissions, the Traffic Commissioner was persuaded to allow the licence […]

Public Inquiries Comments Off on 4-Week Single Vehicle Curtailment Following Operator’s 10 month Period of Non-compliance
Bridge Strike – At Traffic Commissioner’s Preliminary Hearing TC Takes No Action

Solicitor Laura Newton represented our client before the Traffic Commissioner and helped avoid any action being taken against them. The company, an Operator with Licences in 5 geographical areas authorising the use of over 400 vehicles, had been called to Preliminary Hearing following the driver hitting a bridge whilst driving […]

Public Inquiries Comments Off on Bridge Strike – At Traffic Commissioner’s Preliminary Hearing TC Takes No Action
Remarkable Success for Wholly Non-Compliant Operator

Advised and represented at Public Inquiry by Simon Clarke, this Operator was called-in to answer allegations of operating from an unauthorised Operating Centre located in a different Traffic Area from his authorised OC, repeated use of vehicle not on his licence, an almost complete absence of any compliance or maintenance […]

Public Inquiries Comments Off on Remarkable Success for Wholly Non-Compliant Operator
Drivers, Including Director, Driving Without Cards – Licence Allowed to Continue By Traffic Commissioner After Public Inquiry

The operator in this case, represented at Public Inquiry by Barrister Harry Bowyer, was running minibuses which largely serviced school runs. These were out of scope for the EU regulations. They also did private hire work which was within scope and there was enormous confusion amongst the drivers, director included, […]

Public Inquiries Comments Off on Drivers, Including Director, Driving Without Cards – Licence Allowed to Continue By Traffic Commissioner After Public Inquiry
Operator Only Loses Margin After Glut of PG9’s and Maintenance Failings

This operator, represented by Barrister Helen Newbold, was called to Public Inquiry after two DVSA Maintenance investigations showed recurring maintenance failings and a high number of prohibition notices on both tractor units and trailers. The operator demonstrated that despite being “old school” he was keen to comply and had already […]

Public Inquiries Comments Off on Operator Only Loses Margin After Glut of PG9’s and Maintenance Failings
Operator Granted Interim Licence in Terms Applied for Despite Maintenance Failings.

This operator, represented by barrister Harry Bowyer, was called into Public Inquiry for the second time in three years. He had two licences in two separate traffic  areas and wanted to consolidate them into one licence by operating from one operating centre in one traffic area. A desk based assessment […]

Public Inquiries Comments Off on Operator Granted Interim Licence in Terms Applied for Despite Maintenance Failings.
Unauthorised Operating Centre and Systemic Failings for Company Result in a 14 day  Curtailment of Fleet and Loss of Margin.

Barrister Helen Newbold represented this operator who had been using an unauthorised operating centre for several years. After being called into Public Inquiry for this, and a number of non-compliance issues in respect of other licence undertakings, his maintenance regime also became under scrutiny. A catalogue of basic failings was […]

Public Inquiries Comments Off on Unauthorised Operating Centre and Systemic Failings for Company Result in a 14 day  Curtailment of Fleet and Loss of Margin.

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