Public Inquiries Archives | Page 2 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

Director/Transport Manager Keeps Good Repute Despite Spouse Using Truck Over 300 Times Without a Licence

The Director in this case, represented at Public Inquiry by Barrister Harry Bowyer, was also the Transport Manager of the Company. Their spouse had submitted and application for an operator’s licence which did not have an interim granted. As the couple had severe financial problems owing to an ongoing legal […]

Public Inquiries Comments Off on Director/Transport Manager Keeps Good Repute Despite Spouse Using Truck Over 300 Times Without a Licence
Operator Granted Licence at Traffic Commissioner’s Public Inquiry Despite Fronting Concerns

Murray Oliver helped another HGV operator to find his future at a Public Inquiry in Eastbourne. The Traffic Commissioner was concerned when she received an application from a new company to take over the operations from another company that had not been in business for very long. The director had […]

Public Inquiries Comments Off on Operator Granted Licence at Traffic Commissioner’s Public Inquiry Despite Fronting Concerns
“Serious” Failings Met With Temporary Curtailment of Margin at Traffic Commissioner’s Public Inquiry

Solicitor Laura Newton represented a well established large scale haulier, which had been called to Public Inquiry in relation to a serious RTA involving a company vehicle and an unsatisfactory DVSA investigation. At the point of Public Inquiry, due to the advice and preparation we were able to present a […]

Public Inquiries Comments Off on “Serious” Failings Met With Temporary Curtailment of Margin at Traffic Commissioner’s Public Inquiry
Formal Warning for PSV Operator at Traffic Commissioner’s Public Inquiry

This PSV operator, represented by Millicent Dooher, barrister, was called for a Public Inquiry following concerns relating to the entity and regulatory compliance, both maintenance and driver’s hours. By the time the Public Inquiry was called, the Operator had implemented significant and effective changes to their compliance systems, but accepted […]

Public Inquiries Comments Off on Formal Warning for PSV Operator at Traffic Commissioner’s Public Inquiry
PSV Operator Escapes with Formal Warning at Public Inquiry After Unsatisfactory DVSA Report

This small scale operator, represented at Public Inquiry by barrister Harry Bowyer, was visited by the DVSA who found a number problems including difficulties with the BODS system. He engaged SBC and a competent transport consultant to help put the operation back on compliant form. He was congratulated on taking […]

Public Inquiries Comments Off on PSV Operator Escapes with Formal Warning at Public Inquiry After Unsatisfactory DVSA Report
New Licence Granted with Formal Warning at Public Inquiry After Change of Entity

The operator in this matter, represented at Public Inquiry by Barrister Harry Bowyer, incorporated his business on his accountant’s advice as a limited company without thinking of the effect on his operator’s licence. The actual effect was that the business operated without a licence for four years until a visit […]

Public Inquiries Comments Off on New Licence Granted with Formal Warning at Public Inquiry After Change of Entity
Public Inquiry Avoided by Prompt Response to DVSA Visit

A DVSA visit should always be a call  to action for an operator. We received a call as soon as the Operator knew that DVSA were planning to visit. We were able to advise of the preparatory steps for such a visit, introduce the Operator to a Transport Consultant who […]

Public Inquiries Comments Off on Public Inquiry Avoided by Prompt Response to DVSA Visit
Operator Granted Licence Despite History of Failed Companies at Traffic Commissioner’s Public Inquiry

The long tail of Covid for businesses is still causing concern for Traffic Commissioner who will call a an applicant for an Operator Licence to public Inquiry if an operator has a history of failed companies. When Directors appoint insolvency practitioners it is important to remember that the onus is […]

Public Inquiries Comments Off on Operator Granted Licence Despite History of Failed Companies at Traffic Commissioner’s Public Inquiry
Operator Escapes with 28 Day Curtailment After Long History Of Non-Compliance at Traffic Commissioner’s Public Inquiry

Barrister, Millicent Dooher, represented this Operator before the Traffic Commissioner following a propose to revoke letter. The Traffic Commissioner was concerned with the knowledge of the Operator and Transport Manager, the maintenance, with a number of PMIs exceeding their intervals, and drivers hours. The Operator had put in place a […]

Public Inquiries Comments Off on Operator Escapes with 28 Day Curtailment After Long History Of Non-Compliance at Traffic Commissioner’s Public Inquiry
Operator Keeps Licence At Traffic Commissioner’s Public Inquiry Despite Multiple Failings

This PSV Operator, represented at Public Inquiry by Barrister Harry Bowyer, had maintenance failures and drivers hours failures including failure to record properly when driving was regulated by EU regulations as opposed to Domestic. The Operator took drastic measures including sacking and replacing their transport manager and one of the […]

Public Inquiries Comments Off on Operator Keeps Licence At Traffic Commissioner’s Public Inquiry Despite Multiple Failings

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