Archive: Public Inquiries
Suspicions of Fronting for Father allayed at Traffic Commissioner’s Public Inquiry
The Operator in this case, represented at Public Inquiry by Harry Bowyer, had his application for an Operator’s Licence called in for Public Inquiry. His father had been called in twice before and, on the second time over the guns had his licence revoked and was disqualified indefinitely. As the […]
Traffic Commissioner’s Public Inquiry – Consequences of Operator/Transport Manager Losing Repute as Transport Manager?
In this case the Operator, represented at Public Inquiry by Harry Bowyer, was a sole trader who was also his own Transport Manager. The DVSA stopped the Operator in one of his own lorries and in the subsequent TEOR numerous regulatory failings were found. The Operator was plainly overwhelmed with […]
Operator with Restricted Licence Keeps Licence at Traffic Commissioner’s Public Inquiry
The Operator at this Public Inquiry, represented by Barrister Harry Bowyer, was called in after the DVSA had visited his premises on two occasions. His was a typical example of the worse end of the Restricted Licence scale. The DVSA found a litany of ills which included no daily defect […]
Successful Appeal at The Upper Tribunal
The Operator in this case was unrepresented at his Public Inquiry. He had a number of issues which troubled the Traffic Commissioner and did not improve the Traffic Commissioner’s mood by failing to attend at the requested time before his Public Inquiry. The Traffic Commissioner began the Public Inquiry in […]
Operator Avoids a Revocation by the “Skin of his Teeth.”
Martin Smith represented an Operator with a Restricted Licence at a Public Inquiry. The operator company had acquired and operated an HGV prior to the grant of its application for an Operator’s Licence. It had also arranged for the vehicle to be specified on the licence of another operator. Following […]
High Court Stay of Traffic Commissioner’s Decisions Pending Appeal
In October 2017 the West Midlands Traffic Commissioner revoked a Bus Operator’s licence, removed the Operator’s Repute and disqualified him. His application to the Traffic Commissioner for a Stay of those decisions pending appeal was refused, as was his subsequent application for a Stay to the Upper Tribunal. Simon Clarke advised […]
Another Restricted Licence Holder Keeps Their Licence After Traffic Commissioner’s Public Inquiry
A Restricted Licence holder, represented at the Traffic Commissioner’s Public Inquiry by barrister Harry Bowyer, was called into Public Inquiry. There were concerns over missing inspection records, poor forward planning resulting in missed and late PMIs, there was no effective driver defect reporting system in place and a poor annual […]
“Old School” Operator Keeps Licence After Public Inquiry
This operator , represented by Barrister Harry Bowyer, was also his own Transport Manager through “Grandfather” rights. He had failed to update his knowledge through any form of training or course. This was his third Public Inquiry since 1995. The current call in was because one of his lorries was […]
Licence Lending Concerns Satisfied Without Need for Public Inquiry
An operator, represented by barrister Harry Bowyer, was called to a Preliminary Hearing where the Traffic Commissioner had concerns about licence sharing. At the time of a DVSA vehicle stop the traffic examiner noticed the operators name on the displayed O licence did not match the livery of the vehicle. […]
Restricted Licence Holder Keeps Licence at Public Inquiry
This operator was called to Public Inquiry in Birmingham before the Traffic Commissioner. A DVSA investigation and a Preliminary Hearing with the Traffic Commissioner had identified a number of quite serious compliance concerns. These included: Whether or not company drivers held the necessary driver CPC qualifications Discrepancies with daily defect […]
