Archive: Public Inquiries
Failure to Supervise Incompetent Transport Manager Nearly Leads to Loss of Licence at Traffic Commissioner’s Public Inquiry
This Operator was called into a Traffic Commissioner’s Public Inquiry owing to a string of prohibitions and an unsatisfactory DVSA visit which indicated a poor maintenance regime and a slovenly attitude to daily defect inspections. At Public Inquiry the Operator was represented by Barrister Harry Bowyer. Whilst it was quite […]
Slapdash Application for Operators Licence Leads to Preliminary Hearing – Licence Granted as Applied for Subject to Undertakings
Martin Smith, specialist Transport Law solicitor, represented an applicant for a Standard National Goods Vehicle Operator’s Licence at a Preliminary Hearing. The application, signed by a director, did not contain the details of all of the directors or refer to all of the previous Operator’s Licences held by the group […]
Dishonest Transport Manager Failed to Disclose History to Operator or The Office of The Traffic Commissioner – Operator Keeps Licence at Public Inquiry
Specialist Transport Solicitor, Martin Smith, represented an applicant for a Standard International Operator’s Licence at a Traffic Commissioner’s Public Inquiry. The proposed Nominated Transport Manager had been less than honest about his previous history – he had failed to declare that he had previously held an Operator’s Licence which had […]
Licence Granted as Applied for at Preliminary Hearing
This Operator, who had been granted an interim licence, was called in to a Preliminary Hearing to discuss their Financial Standing. The Operator, represented by Barrister Harry Bowyer, was able to show sufficient Financial Standing in a form acceptable to the Traffic Commissioner and the Licence was granted as applied […]
Robust Action prior to Call-In Letter Results in Licence Retention
An operator, holding a restricted licence, was represented by Barrister Helen Newbold having been called into a Public Inquiry after a driver stop showed severe lapses in recording both driving time and working time directive duties. After a subsequent visit to the operator by the DVSA it was apparent that […]
Appeal to The Upper Tribunal: Traffic Commissioner acted unlawfully when Disqualifying Operator and Director
This Operator, represented by Simon Clarke, was disqualified by the Traffic Commissioner from holding or obtaining and Operators’ Licence for 2-years or from “….being involved in any entity that holds or attains such a licence….” On appeal to the Upper Tribunal Simon Clarke argued that the disqualification was unlawful both […]
Operator Warned for Using Unauthorised Operating Centre at Traffic Commissioner’s Public Inquiry
The Operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, had some building works at his operating centre. As a result he began keeping his trucks at a yard further down the same estate. The operator and his Transport Manager had a few desultory conversations about whether […]
PSV Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Running With Transport Manager “In Name Only.”
Barrister Helen Newbold represented this Operator at Public Inquiry after they were called in for significant failings in respect of their maintenance regime. It was established that the operation had been run with the Transport Manager acting in name only for a number of years which lead to the exceptionally […]
Operator Granted Licence After Traffic Commissioner’s Public Inquiry Despite Operating Without a Licence and Using the Margin of Another Operator.
The Operator, represented at Public Inquiry by Harry Bowyer, was running two companies when he decided to close one down. He closed down the company with the Operator’s Licence and continued to operate until one of his vehicles was stopped, thinking that the licence was still open to him to […]
Operator Requests Traffic Commissioner’s Public Inquiry To Retain Licence
Barrister Helen Newbold represented this Operator, who had been advised by the Office of the traffic Commissioner that their licence was being considered for revocation following a DVSA maintenance investigation. A Public Inquiry was requested so that the operator could have the opportunity to address the Traffic Commissioner on the […]
