Archive: Public Inquiries

London wholesaler with a Restricted Licence was called in for a Preliminary Hearing with the Traffic Commissioner after an unsatisfactory DVSA maintenance inspection. Smith Bowyer Clarke arranged for a full audit which suggested a number of rectifications to the Operator’s systems. At the Preliminary Hearing the Deputy Traffic Commissioner decided that, […]

Our client sought to vary his Operators’ Licence by adding vehicles. At a first Public Inquiry the Operator represented himself. The Traffic Commissioner granted a variation but authorised fewer vehicles than was applied for. He also imposed severe and highly restrictive conditions on the licence. The Operator then approached Smith […]

Simon Clarke represented a materials recycling haulier at Public Inquiry called following a highly unsatisfactory DVSA audit. In short, the audit revealed that the Operator had no compliance, maintenance or forward-planning systems in place and almost zero record-keeping facilities.  Having been called in at an early stage, Smith Bowyer Clarke were […]

The Operator in this case had previously been disqualified for 2 years in 2012 following a Public Inquiry in front of The Traffic Commissioner. He wished to re enter  the industry and set up a new business entirely divorced from that which led to his disqualification. Despite proper systems having been […]

This Operator held a Standard National Licence but was using an unauthorised operating centre located in a different traffic area. The Operator’s defect detection and maintenance systems were woefully inadequate and the position was further complicated by the absence of a transport manager. At Public Inquiry the Traffic Commissioner directed […]

This Scaffolding Operator held a restricted licence as a sole trader but had set up a limited company. The limited company was named as the registered keeper of some of the vehicles listed on the sole-trader Operator’s Licence. Not only had the restricted licence been used to transport property belonging […]

In an unusual change of roles, Harry Bowyer (usually instructed on behalf of the Operator) was asked to represent the interests of Representors. The Representors were seeking to challenge an Operator’s application to vary his licence to allow a new operating centre and to increase the number of vehicles on […]

This Essex wholesaler with a restricted licence rather optimistically wanted to add a new operating centre and increase the vehicles on his licence to more than twice his current total. The Operator was called in for a Public Inquiry which soon exposed serious defects in the Operator’s compliance regime. At this stage he sought professional advice. […]

This Scottish Haulier was called in to Public Inquiry after one of their vehicles was discovered operating without a valid MOT. Two of its drivers were also called in for tachograph infringements. The Operator and drivers were dealt with by way of warnings after it had been demonstrated that practices […]

This West Midlands manufacturer had found itself operating without a licence after the business changed from one limited company to another. Numerous regulatory infringements were found and a number of PG9s had been issued. Transport consultants implemented changes to the company’s maintenance arrangements and systems for analysing and examining tachograph records. A […]