Archive: Public Inquiries
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 […]
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 […]
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 […]
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 […]
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 […]
“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 […]
