Public Inquiries Archives | Page 17 of 28 | Smith Bowyer Clarke

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Archive: Public Inquiries

Operator with Poor Maintenance Record and Poor Document Retention Keeps Licence at Traffic Commissioner’s Public Inquiry.

The Operator in this matter, represented by Barrister Harry Bowyer, brought themselves to the attention of the Office of the Traffic Commissioner by a flurry of prohibitions including an impressive “S” marked prohibition for a completely bald tyre with the cords exposed. The resulting Traffic Examiner’s Operator Report (TEOR – […]

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Operator Operating Under Exemption Successfully Applies for Operator’s Licence

This operator, represented at Public Inquiry by Harry Bowyer, was operating HGVs under the “plant” exemption. They were scrupulous in abiding by the regulations that would have applied had they been operating under a licence. They wanted to bring themselves within the operator licensing regime in order that they could […]

Public Inquiries Comments Off on Operator Operating Under Exemption Successfully Applies for Operator’s Licence
Licence Allowed to Continue as Licence Lending Suspicions Not Proven

Harry Bowyer, Road Transport Barrister, represented this operator who was suspected of lending his licence to another operator. The operator was able to show that throughout the relevant period he had been maintaining the vehicle and downloading the vehicle unit and relevant driver cards. The Traffic Commissioner stated that he […]

Public Inquiries Comments Off on Licence Allowed to Continue as Licence Lending Suspicions Not Proven
Licence Allowed to Continue After Unsatisfactory Maintenance Investigation

Martin Smith, specialist road transport lawyer, represented the holder of a standard licence at a Public Inquiry. The haulier had a high MOT test failure rate and had been called in for a Public Inquiry following a number of unsatisfactory DVSA maintenance investigations which took place following the issue of […]

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PSV Operator’s Licence granted at Public Inquiry in just 7 minutes.

Helen Newbold, specialist road transport law barrister, represented the applicant for a restricted PSV licence. The applicant had failed to provide the information requested during the application process and after being given a number of opportunities by the Office of the Traffic Commissioner, was informed that the application would be […]

Public Inquiries Comments Off on PSV Operator’s Licence granted at Public Inquiry in just 7 minutes.
HGV as Personal Transport Lands Operator at Traffic Commissioner’s Public Inquiry

Harry Bowyer appeared at Public Inquiry in this matter which involved an Operator with one truck who was also his own Transport Manager and Driver. He began using his tractor unit to travel from his operating centre to his mother’s address and parking at a nearby industrial estate. These journeys […]

Public Inquiries Comments Off on HGV as Personal Transport Lands Operator at Traffic Commissioner’s Public Inquiry
HGV Loses Two Wheels at Roundabout – No Regulatory Action at Traffic Commissioner’s Public Inquiry

This operator, represented by barrister Helen Newbold, was called to a Traffic Commissioner’s Public Inquiry following an incident where his HGV lost two wheels whilst negotiating a roundabout. Thankfully no-one was injured nor any damage caused when the wheels parted company with the vehicle however the operator had to face […]

Public Inquiries Comments Off on HGV Loses Two Wheels at Roundabout – No Regulatory Action at Traffic Commissioner’s Public Inquiry
Card Pulling Drivers Lead Operator to Traffic Commissioner’s Public Inquiry

This Operator, represented at Public Inquiry by barrister Harry Bowyer, was called in as his drivers were pulling their cards in order to get home early. The Transport Manager had been given additional duties which affected his ability to have continuous and effective control of the transport operations. As a […]

Public Inquiries Comments Off on Card Pulling Drivers Lead Operator to Traffic Commissioner’s Public Inquiry
Runaway Bus – Operator keeps licence at Traffic Commissioner’s Public Inquiry

The Operator in this matter, represented by Barrister, Helen Newbold, was called into Public Inquiry after an unmanned PSV left the Operating Centre and came to rest on a busy carriageway. The Traffic Commissioner also wished to address severe concerns over how the company were meeting the financial standing required […]

Public Inquiries Comments Off on Runaway Bus – Operator keeps licence at Traffic Commissioner’s Public Inquiry
Public Inquiry Adjourned for Unrepresented Operator to Get Representation Before Suspension – Helen Newbold Changes Traffic Commissioner’s Mind

This Operator represented himself at Public Inquiry which was adjourned as the Traffic Commissioner was considering curtailing the fleet. Barrister Helen Newbold represented the Operator at a resumed Public Inquiry where the issues of concern were that the company failed to meet its undertaking in relation to financial standing. At […]

Public Inquiries Comments Off on Public Inquiry Adjourned for Unrepresented Operator to Get Representation Before Suspension – Helen Newbold Changes Traffic Commissioner’s Mind

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