Public Inquiries Archives | Page 13 of 28 | Smith Bowyer Clarke

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Archive: Public Inquiries

Operator Keeps Repute and Avoids Revocation at Traffic Commissioner’s Public Inquiry

Solicitor, Laura Newton, represented our client, the holder of a Goods Vehicle Operators’ Licence, who was called to Public Inquiry for consideration of Licence revocation. It was accepted that there had been a ‘fronting’ operation although this was not through a dishonest intent. The Operator had attempted to surrender the […]

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Operator Given Final Opportunity to Comply and Avoids Revocation at Traffic Commissioner’s Public Inquiry

Our client was called to Public Inquiry, where he was represented by solicitor, Laura Newton, following an unsatisfactory DVSA investigation. Records showed that there had been no improvements despite two DVSA investigations but that the Operator had begun to put things right with the Call to Public Inquiry, with assistance […]

Public Inquiries Comments Off on Operator Given Final Opportunity to Comply and Avoids Revocation at Traffic Commissioner’s Public Inquiry
Operator with Insufficient Management Oversight and “S” Marked Prohibitions Keeps Licence at Traffic Commissioner’s Public Inquiry

This operator, represented at Public Inquiry by barrister Harry Bowyer,  was a UK Company with European directors. One of their trucks was stopped and given an “S” marked prohibition. As a result of the subsequent DVSA investigation it became apparent that the European directors had not been keeping sufficient oversight […]

Public Inquiries Comments Off on Operator with Insufficient Management Oversight and “S” Marked Prohibitions Keeps Licence at Traffic Commissioner’s Public Inquiry
Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite “S” Marked Prohibition and Furloughed Transport Manager

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was called in after he acquired an “S” marked prohibition on his trailer. In the subsequent investigation it became apparent that he had furloughed his Transport Manager for most of the last year. On investigation he actually […]

Public Inquiries Comments Off on Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite “S” Marked Prohibition and Furloughed Transport Manager
Northern Ireland Operator’s Licence Granted After 3-Years Delay

Our client in this case had originally applied for an LGV Operators’ Licence in March 2017.  In April 2020, following an unexplained delay of 2-years waiting for the DVA to action his application, our rather patient client contacted us for help. Unfortunately we then had the Covid-19 Lockdown and so […]

Public Inquiries Comments Off on Northern Ireland Operator’s Licence Granted After 3-Years Delay
Operator Called in Owing to Disqualified Director Being Appointed – Licence Allowed to Continue

This operator, represented at Public Inquiry by barrister Harry Bowyer, was called in as the new director had just finished a 12 month disqualification. It was apparent that the new director had been operating a company for some time during the course of his disqualification. Whilst the director had attended the Public […]

Public Inquiries Comments Off on Operator Called in Owing to Disqualified Director Being Appointed – Licence Allowed to Continue
Controlled Revocation Allows Sufficient Time for Application for New Licence Without Break to Business

This operator, represented at Public Inquiry by barrister Harry Bowyer, was called in owing to an unsatisfactory Traffic Examiner’s report. The problem was based on the transport manager allowing compliance to slip owing to his own personal problems. The operator should have noticed that the operation was not compliant but failed […]

Public Inquiries Comments Off on Controlled Revocation Allows Sufficient Time for Application for New Licence Without Break to Business
Transport Manager Acquitted on 21 Charges Has No Action Taken on His Good Repute by Traffic Commissioner

After his acquittals and successful appeal to the Crown Court the Traffic Commissioner requested written submissions as to the underlying conduct of this Transport Manager, represented throughout by barrister Harry Bowyer. After seeing the detailed written submissions submitted by SBC the Traffic Commissioner wrote to the Transport Manager to say […]

Public Inquiries Comments Off on Transport Manager Acquitted on 21 Charges Has No Action Taken on His Good Repute by Traffic Commissioner
Successful Appeal To the Upper Tribunal Against Cabotage Breach Vehicle Seizure

The Appellant in this case, an international finance house specialising in financing Large Goods Vehicles, were the owners of a vehicle leased to an international haulage operator based out of Ireland. In late-2019 the vehicle was seized by DVSA for breach of Cabotage regulations and in due course a Public […]

Public Inquiries Comments Off on Successful Appeal To the Upper Tribunal Against Cabotage Breach Vehicle Seizure
Application for Licence Granted in Full Despite Director’s Five Year Stretch for GBH

The sole director of this company, represented at Public inquiry by barrister Harry Bowyer, was convicted 15 years ago of an offence of Wounding with Intent for which he was sentenced to 5 years imprisonment. The police raised objections to the grant of the licence applied for on the basis […]

Public Inquiries Comments Off on Application for Licence Granted in Full Despite Director’s Five Year Stretch for GBH

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