Archive: Public Inquiries
Operator with Restricted Licence Survives Traffic Commissioner’s Public Inquiry
The Operator in this matter, represented at Public Inquiry by Harry Bowyer, approached SBC after an unsatisfactory Vehicle Examiner’s visit. The report that followed identified issues with record keeping, use of an unauthorised operating centre, unsatisfactory driver defect reporting, irregular maintenance inspections and failure to report significant changes to the […]
Haulage Company, Dating back to the mid 19th Century, Keeps Licence at Traffic Commissioner’s Public Inquiry
This family business that started in the age of the horse and cart, represented at Public Inquiry by Harry Bowyer, allowed their compliance to slip and failed to tell the Office of the Traffic Commissioner of material changes to their licence. They contacted SBC who put them in touch with […]
Transport Manager Woes Lead to Traffic Commissioner’s Public Inquiry
The Operator in this matter was worried about his Transport Manager’s ability. He, very sensibly, commissioned an audit which showed that the Transport Manager, who was operating under Grandfather rights, was far from competent. The replacement turned out to be not much better and was sacked. During this unhappy period […]
Licence Retained After “Compliance Fell off a Cliff.”
This Operator was called into his second Public Inquiry in 5 years. He was represented by Harry Bowyer at both Public Inquiries. After surviving the first Public inquiry the Operator, who had a restricted licence, was under the care of a first rate transport consultant who oversaw the transport team […]
Both Licences Saved After Two Companies Operate for a Year without a Transport Manager After Death of Transport Manager
In this case two brothers, each of whom had an operator’s licence and each represented by Harry Bowyer, continued to operate after their father, who was also their transport manager, died. Neither notified the Office of the Traffic Commissioner of the death of the Transport Manager and neither applied for […]
Operator with Poor Maintenance Record and Poor Document Retention Keeps Licence at Traffic Commissioner’s Public Inquiry.
The Operator in this matter, represented by Barrister Harry Bowyer, brought themselves to the attention of the Office of the Traffic Commissioner by a flurry of prohibitions including an impressive “S” marked prohibition for a completely bald tyre with the cords exposed. The resulting Traffic Examiner’s Operator Report (TEOR – […]
Operator Operating Under Exemption Successfully Applies for Operator’s Licence
This operator, represented at Public Inquiry by Harry Bowyer, was operating HGVs under the “plant” exemption. They were scrupulous in abiding by the regulations that would have applied had they been operating under a licence. They wanted to bring themselves within the operator licensing regime in order that they could […]
Licence Allowed to Continue as Licence Lending Suspicions Not Proven
Harry Bowyer, Road Transport Barrister, represented this operator who was suspected of lending his licence to another operator. The operator was able to show that throughout the relevant period he had been maintaining the vehicle and downloading the vehicle unit and relevant driver cards. The Traffic Commissioner stated that he […]
Licence Allowed to Continue After Unsatisfactory Maintenance Investigation
Martin Smith, specialist road transport lawyer, represented the holder of a standard licence at a Public Inquiry. The haulier had a high MOT test failure rate and had been called in for a Public Inquiry following a number of unsatisfactory DVSA maintenance investigations which took place following the issue of […]
PSV Operator’s Licence granted at Public Inquiry in just 7 minutes.
Helen Newbold, specialist road transport law barrister, represented the applicant for a restricted PSV licence. The applicant had failed to provide the information requested during the application process and after being given a number of opportunities by the Office of the Traffic Commissioner, was informed that the application would be […]
