Public Inquiries Archives | Page 18 of 28 | 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

Restricted Licence Holder Retains Licence at Traffic Commissioner’s Public Inquiry

The Operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was called in after an unsatisfactory Traffic Examiner’s report. The Operator had been purporting to operate under a number of exemptions, had an unimpressive MOT failure rate and a large number of prohibitions including some with “S” […]

Public Inquiries Comments Off on Restricted Licence Holder Retains Licence at Traffic Commissioner’s Public Inquiry
No Action Taken Against Transport Manager at Traffic Commissioner’s Public Inquiry

The Transport Manager was called into Public Inquiry where he was represented by Barrister, Harry Bowyer. His company had been subject to an unsatisfactory DVSA inspection and were also before the Traffic Commissioner. The Company had also instructed competent Transport Solicitors and a first rate Transport Consultant and had audited […]

Public Inquiries Comments Off on No Action Taken Against Transport Manager at Traffic Commissioner’s Public Inquiry
Change of Entity, Use of Unlicensed Driver – Operator Granted New Restricted Licence at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public Inquiry by Barrister, Harry Bowyer, had changed his entity from a partnership to a limited company on the advice of his accountant. He had assumed, incorrectly, that the licence would be transferrable to the new entity. In this he was sadly mistaken […]

Public Inquiries Comments Off on Change of Entity, Use of Unlicensed Driver – Operator Granted New Restricted Licence at Traffic Commissioner’s Public Inquiry
PSV Operator Keeps Licence at Traffic Commissioner’s Public Inquiry

This operator, represented at Public Inquiry by Harry Bowyer, had a number of difficulties. They had been using an unauthorised operating centre and were suspected of using more vehicles than were covered by their authorisation. The Transport Manager, whilst knowledgeable, had little practical experience and the directors fell far short […]

Public Inquiries Comments Off on PSV Operator Keeps Licence at Traffic Commissioner’s Public Inquiry
Operator Given Bad Advice Keeps Licence at Traffic Commissioner’s Public Inquiry

Martin Smith, specialist road transport law solicitor, represented an operator who had previously received incorrect advice about the need to have an Operator’s Licence as a maintenance provider. The Operator, despite having a licence, had therefore stopped complying with the regulatory regime. An action plan was put into place prior […]

Public Inquiries Comments Off on Operator Given Bad Advice Keeps Licence at Traffic Commissioner’s Public Inquiry
Large Restricted Licence Operator Keeps Licence After Traffic Commissioner’s Public Inquiry

The Operator in this matter, represented at Public Inquiry by Harry Bowyer, had a number of Restricted Licences in a number of Traffic Areas. The business had grown and those who were thought to be looking after the Transport side of things were not. Inevitably when the business came to […]

Public Inquiries Comments Off on Large Restricted Licence Operator Keeps Licence After Traffic Commissioner’s Public Inquiry
Applicant Allowed to Keep Interim Licence Despite Having no Transport Manager and Insufficient Financial Standing.

Specialist Transport Lawyer Martin Smith represented an applicant for a Standard National Licence. His proposed nominated transport manager had been less than honest about his previous history and the money which the director of the applicant company had borrowed to show financial standing had been repaid! After hearing Martin’s submissions […]

Public Inquiries Comments Off on Applicant Allowed to Keep Interim Licence Despite Having no Transport Manager and Insufficient Financial Standing.
Managed Revocation Keeps Operator in The Industry

It was plain that the Operator in this case was in difficulties. He and his family were operating three separate companies, each with its own Operator’s Licence. The Companies had become hopelessly enmeshed with each other and it had become obvious to the Office of the Traffic Commissioner that they […]

Public Inquiries Comments Off on Managed Revocation Keeps Operator in The Industry
PSV Operator Allowed to Keep Contract Services Running Despite Suspension at Traffic Commissioner’s Public Inquiry!

Specialist Transport Barrister Helen Newbold represented this operator at Public Inquiry after he was called in when a driver failed to stop for the DVSA when requested. A subsequent DVSA visit identified issues surrounding drivers hours, in particular Working Time Directive recording and breaches, maintenance and driver reporting. The Operator […]

Public Inquiries Comments Off on PSV Operator Allowed to Keep Contract Services Running Despite Suspension at Traffic Commissioner’s Public Inquiry!
“Fronting” Concerns Allayed at Traffic Commissioner’s Public Inquiry

The Operator in this case, represented by Barrister Harry Bowyer, had his application for an Operator’s Licence referred to a Traffic Commissioner’s Public Inquiry. The problems arose because the Transport Manager had been on a previous licence after it had been revoked and this had not been declared on the […]

Public Inquiries Comments Off on “Fronting” Concerns Allayed at Traffic Commissioner’s Public Inquiry

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