Public Inquiries Archives | Page 28 of 33 | Smith Bowyer Clarke

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Archive: Public Inquiries

Scaffolder in Breach of Undertaking and with Poor Compliance Record Keeps Licence at Public Inquiry

This scaffolder, represented by barrister Harry Bowyer, was too keen on the scaffolding side of his business rather than LGV compliance. He failed to meet an undertaking to prove financial standing, failed to respond to letters from the Office of the Traffic Commissioner, failed to keep to his PMI intervals, […]

Public Inquiries Comments Off on Scaffolder in Breach of Undertaking and with Poor Compliance Record Keeps Licence at Public Inquiry
Operator With Restricted Licence Drops the Ball But Keeps Licence At Public Inquiry

This operator, a manufacturer, represented at Public Inquiry by Barrister Harry Bowyer, held a restricted licence. The transport side of the business was operated competently until key personnel left. The Transport side of the operation was effectively left to run itself until one of the trucks was stopped by the […]

Public Inquiries Comments Off on Operator With Restricted Licence Drops the Ball But Keeps Licence At Public Inquiry
HGV Operator’s Appeal Allowed at Upper Tribunal

This operator, represented by barrister Harry Bowyer at the Upper Tribunal, attended a Public Inquiry, represented by other solicitors. The Deputy Traffic Commissioner purported to find that the operator had lost his repute indefinitely as a Transport Manager but kept his repute, although tarnished, as an operator. The Upper Tribunal […]

Public Inquiries Comments Off on HGV Operator’s Appeal Allowed at Upper Tribunal
Fronting Concerns Laid to Rest at Public Inquiry

Two waste-management operators, both represented by SBC, were called in to Public Inquiry with the Traffic Commissioner after “fronting” concerns were raised. It was noticed by the Office of the Traffic Commissioner that the two operators were both based at the same site, and that a number of vehicles and equipment formerly […]

Public Inquiries Comments Off on Fronting Concerns Laid to Rest at Public Inquiry
Application for O-Licence Granted at Public Inquiry

A Company applying for a Restricted Operator’s Licence was called to attend a Public Inquiry after concerns were raised over whether it had been using vehicles without an Operator’s Licence. The Applicant was represented by road transport solicitor Martin Smith. After hearing submissions from Martin Smith on behalf of the […]

Public Inquiries Comments Off on Application for O-Licence Granted at Public Inquiry
Phoenix Concerns and Operating Without a Licence – Licence Granted

The Applicant Company, represented at the Traffic Commissioner’s Public Inquiry by Martin Smith, had applied for a Restricted Operator’s Licence but had failed to declare links with a company which had gone into liquidation. It had also been operating vehicles in excess of 3.5 Tonnes without an Operator’s Licence being […]

Public Inquiries Comments Off on Phoenix Concerns and Operating Without a Licence – Licence Granted
Standard PSV Licence Granted Despite Failure to Notify Change of Circumstances

A sole-trader operator, represented at Public Inquiry by Martin Smith, with a Restricted PSV Operator’s Licence left his main employment and set up a limited company. He was at the time the sole director of that company and upon passing his Transport Manager CPC qualification the company applied for a […]

Public Inquiries Comments Off on Standard PSV Licence Granted Despite Failure to Notify Change of Circumstances
Phoenix Concerns Allayed at Traffic Commissioner’s Public Inquiry

This applicant for a restricted licence, represented by Simon Clarke, drew the attention of the Office of the Traffic Commissioner over concerns that this might be a ‘phoenix’ company as there were similarities to and connections with a company in administration. Simon Clarke was able demonstrate that assets bought from […]

Public Inquiries Comments Off on Phoenix Concerns Allayed at Traffic Commissioner’s Public Inquiry
Out With The Old And In With The New

Martin Smith represented a family-owned company at a Public Inquiry. The company had previously been called to a Public inquiry in 2014 and had failed to implement recommendations contained in FTA Audit Reports obtained in 2015 and 2017. The Transport Manager had not been made aware of the existence of […]

Public Inquiries Comments Off on Out With The Old And In With The New
New Application for Standard International Licence Successful after Public Inquiry

This applicant for a Standard International Licence, represented by Harry Bowyer, was called into Public Inquiry. The directors had associations with previous applications for operators’ licences that had been withdrawn or refused and some of the previous correspondence relating to those applications awoke the suspicions of the Traffic Commissioner. One […]

Public Inquiries Comments Off on New Application for Standard International Licence Successful after Public Inquiry

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