Public Inquiries Archives | Page 3 of 26 | Smith Bowyer Clarke

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Archive: Public Inquiries

Operator Licence Granted With Warning At Traffic Commissioner’s Public Inquiry Despite False Declarations Being Made On Application.

Millicent Dooher, barrister, represented this Operator before the Traffic Commissioner on an application for the Operator’s licence. The Operator had been called in following the omission of his criminal conviction and information on previous licences on the application. The Traffic Commissioner was concerned that he could not trust this operator […]

Public Inquiries Comments Off on Operator Licence Granted With Warning At Traffic Commissioner’s Public Inquiry Despite False Declarations Being Made On Application.
Operator with Financial Standing Problems and Unsatisfactory DVSA Visit Keeps Licence at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, had been visited by the DVSA who provided an unsatisfactory report. He was also found to be severely deficient in his financial standing. He was able to address his financial standing by reducing his margin and selling […]

Public Inquiries Comments Off on Operator with Financial Standing Problems and Unsatisfactory DVSA Visit Keeps Licence at Traffic Commissioner’s Public Inquiry
1 Vehicle Operator Escapes With 7 Day Suspension Following Poor Historical Vehicle Maintenance at Traffic Commissioner’s Public Inquiry

Millicent Dooher represented this Operator, called before the Office of the Traffic Commissioner for a second Public Inquiry, following an unsatisfactory DVSA maintenance investigation. There were additional allegations of use of an unauthorised operating centre. At the Public Inquiry, the Traffic Commissioner accepted that there was no use of an […]

Public Inquiries Comments Off on 1 Vehicle Operator Escapes With 7 Day Suspension Following Poor Historical Vehicle Maintenance at Traffic Commissioner’s Public Inquiry
Formal Warning for Operator and No Action Against Transport Manager at Traffic Commissioner’s Public Inquiry Following Unsatisfactory Independent Audit.

Barrister, Millicent Dooher represented this Operator/Transport Manager at the Public Inquiry before the Traffic Commissioner. The Operator had been called in following a previous Senior Team Leader meeting and unsatisfactory independent audit. The Transport Manager having been called in on his repute. The Traffic Commissioner heard from the Operator/Transport Manager […]

Public Inquiries Comments Off on Formal Warning for Operator and No Action Against Transport Manager at Traffic Commissioner’s Public Inquiry Following Unsatisfactory Independent Audit.
Transport Manager who was Mislead by an applicant for an Operators Licence Avoids being Nominated on the Licence after a Public Inquiry

Senior Solicitor, Murray Oliver represented a Transport Manager called to Public Inquiry in connection with an application for an O licence. At the hearing the applicant for the Operator’s licence had connections with another business that had its licence revoked for serious non compliance at the same hearing – August […]

Public Inquiries Comments Off on Transport Manager who was Mislead by an applicant for an Operators Licence Avoids being Nominated on the Licence after a Public Inquiry
Operator is Successful in his Application for a New Standard National PSV O Licence after their First Restricted PSV O Licence was Revoked.

Murray Oliver, Solicitor represented the applicant and proposed transport manager after the application for a new standard national O licence was referred to a Public Inquiry. The Operator was able to show the Traffic Commissioner that he had learnt from past mistakes and that his new operator’s licence would also […]

Public Inquiries Comments Off on Operator is Successful in his Application for a New Standard National PSV O Licence after their First Restricted PSV O Licence was Revoked.
Scaffolder Suspected of “Phoenix” Operation Granted New Licence as Applied for

This operator, represented by barrister Harry Bowyer, was obliged to start a new company after a disastrous divorce left his old company in tatters. A similar name and the use of the old trucks, scaffolding and operating centre led the Traffic Commissioner to suspect that this might be a phoenix. […]

Public Inquiries Comments Off on Scaffolder Suspected of “Phoenix” Operation Granted New Licence as Applied for
Operator Dealt with by Way of Formal Warning after Unsatisfactory DVSA Visit

This Operator, represented by Harry Bowyer, was called into Public Inquiry after an Unsatisfactory DVSA visit. They had instructed a competent Transport Consultant who had fixed the areas found to be at fault and the Traffic Commissioner felt able to deal with them by way of a formal warning.

Public Inquiries Comments Off on Operator Dealt with by Way of Formal Warning after Unsatisfactory DVSA Visit
Card Pulling HGV Driver Escapes Custody Following 14 False Record Offences.

This HGV driver, represented by Millicent Dooher, pleaded guilty to 14 false record offences (removing his card from the tachograph machine). All of these offences covered break periods. The case law suggests that when there are more than 6 offences, custody should be considered. Millicent was able to convince the […]

Public Inquiries Comments Off on Card Pulling HGV Driver Escapes Custody Following 14 False Record Offences.
Traffic Commissioner Decides not to Revoke Operators Licence After Finding that the Operator Had Knowingly Engaged in Unsafe Loading Practices

This Operator, represented at Public Inquiry by solicitor Murray Oliver, was found to have engaged in unsafe loading of vehicles despite earlier warnings at a previous public inquiry to stop or prove that the way they loaded the vehicles was safe. Rather than revoking the licence the Traffic Commissioner curtailed […]

Public Inquiries Comments Off on Traffic Commissioner Decides not to Revoke Operators Licence After Finding that the Operator Had Knowingly Engaged in Unsafe Loading Practices

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