Public Inquiries Archives | Page 20 of 28 | Smith Bowyer Clarke

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Archive: Public Inquiries

Bad Legal Advice Leads to Unlawful Undertakings, Allegations of Fronting and Traffic Commissioner’s Public Inquiry

This Operator, represented by Simon Clarke, had used a Transport Consultant to apply for their Operator’s Licence and in doing so had been advised to accept undertakings which had no grounding in law and severely limited the way in which the operation could be run.  This state of affairs only […]

Public Inquiries Comments Off on Bad Legal Advice Leads to Unlawful Undertakings, Allegations of Fronting and Traffic Commissioner’s Public Inquiry
PSV Operator Retains Licence After Traffic Commissioner’s Public Inquiry.

This PSV Operator, represented at Public Inquiry by Barrister Harry Bowyer, ran into difficulties when the two directors had a major falling out resulting in one of them storming out of the business, leaving the remaining partner to pick up the pieces. Matters were compounded by a rogue driver who […]

Public Inquiries Comments Off on PSV Operator Retains Licence After Traffic Commissioner’s Public Inquiry.
Variation Granted at Traffic Commissioner’s Public Inquiry Despite Resistance from Representors

This Operator, represented by Barrister Harry Bowyer at Public Inquiry, wanted to increase his vehicle authorisation from 2 to 5. His operating centre was based in a small village where two relatively recent residents had taken exception to a long established operating centre. As a result of these representations a […]

Public Inquiries Comments Off on Variation Granted at Traffic Commissioner’s Public Inquiry Despite Resistance from Representors
Operator’s Licence Granted After Legal Entity Questions Answered Satisfactorily at Preliminary Hearing

This operator, represented by Barrister Helen Newbold, was called into the Office of the Traffic Commissioner for a preliminary hearing on their application for an Operator’s Licence. The operator had recently merged two companies, who were operating as sole traders, into a single limited company. When applying for a new […]

Public Inquiries Comments Off on Operator’s Licence Granted After Legal Entity Questions Answered Satisfactorily at Preliminary Hearing
“Change of Entity” Confusion Leads to Traffic Commissioner’s Public Inquiry

The Operator in this matter, represented at Public Inquiry by Harry Bowyer, decided to change his business from that of a sole trader to a Limited Company. He contacted the Office of the Traffic Commissioner to change the name of the business, failing to realise that the change in entity […]

Public Inquiries Comments Off on “Change of Entity” Confusion Leads to Traffic Commissioner’s Public Inquiry
Fronting Suspicions Allayed at Traffic Commissioner’s Public Inquiry

Specialist Transport Lawyer Martin Smith represented a haulage company at a Public Inquiry on an application for a Standard National Operator’s Licence. The Traffic Commissioner had concerns that the applicant was a front for another business and that false evidence had been submitted. After hearing evidence and submissions made by […]

Public Inquiries Comments Off on Fronting Suspicions Allayed at Traffic Commissioner’s Public Inquiry
Licence Kept Despite Poor Participation by Management in Regulatory Compliance

Martin Smith represented a haulier called to a Public Inquiry following a DVSA maintenance investigation carried out as a result of an application which the haulier had made to add an operating centre and increase the total number of authorised vehicles and trailers. The Deputy Traffic Commissioner expressed concern that […]

Public Inquiries Comments Off on Licence Kept Despite Poor Participation by Management in Regulatory Compliance
Public Inquiry Results in no Further Action against Bus & Coach Operator

This large bus and coach operator had been called in to Public Inquiry following concerns the Traffic Commissioner had over whether the business had the necessary financial standing to operate its fleet. Prior to the hearing SBC worked closely with the operator to advise on how financial standing could best […]

Public Inquiries Comments Off on Public Inquiry Results in no Further Action against Bus & Coach Operator
Restricted Licence Holder Keeps Licence Following Traffic Commissioner’s Public Inquiry

This operator, represented at Public Inquiry by barrister Harry Bowyer, ran into difficulties when a competent employee left the business. His replacement was more impressive in talk rather than action and standards began to slip. The drivers took advantage of the lack of oversight and began to skimp on their […]

Public Inquiries Comments Off on Restricted Licence Holder Keeps Licence Following Traffic Commissioner’s Public Inquiry
Financial Standing Issues Resolved and Repute as Transport Manager Remains Intact at Traffic Commissioner’s Public Inquiry

An operator, represented by Barrister Helen Newbold, was called into a Public Inquiry on two counts. The primary concern of the Traffic Commissioner was that the Operator’s evidence of financial standing was obtained from a number of difference sources.  As a result, it was difficult to demonstrate that the required […]

Public Inquiries Comments Off on Financial Standing Issues Resolved and Repute as Transport Manager Remains Intact at Traffic Commissioner’s Public Inquiry

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