Public Inquiries Archives | Page 17 of 33 | Smith Bowyer Clarke

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Archive: Public Inquiries

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.
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 […]

Public Inquiries Comments Off on Operator Keeps Repute and Avoids Revocation at Traffic Commissioner’s Public Inquiry
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

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