Public Inquiries Archives | Page 4 of 28 | Smith Bowyer Clarke

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Archive: Public Inquiries

2- Week Curtailment of 2 Vehicles for Operator Following Poor Maintenance History, No Transport Manager and Concerns over “Licence lending”

This Operator, represented by Millicent Dooher, had been called before the Traffic Commissioner following an extensive period with no Transport Manager, concerns over licence lending, self-employed drivers and a poor maintenance history. Ultimately, the Traffic Commissioner dealt with the Operator by a temporary curtailment of 2 vehicles (the margin + […]

Public Inquiries Comments Off on 2- Week Curtailment of 2 Vehicles for Operator Following Poor Maintenance History, No Transport Manager and Concerns over “Licence lending”
Operator Survives Preliminary Hearing with Formal Warning

This Operator, represented at preliminary hearing by barrister Harry Bowyer, was brought to the attention of the Office of the Traffic Commissioner by an “S” marked prohibition followed by two unsatisfactory visits by the DVSA. The operator contacted a reputable transport consultant and fixed his systems root and branch which […]

Public Inquiries Comments Off on Operator Survives Preliminary Hearing with Formal Warning
No Action Taken Against Operator Following Transport Manager Found Driving with Another’s Card.

Barrister, Millicent Dooher, represented this Operator and Transport Manager when they were called into a Public Inquiry. The Transport Manager had been stopped whilst using another driver’s card. This is a most serious traffic offence. The Traffic Commissioner accepted that, on the balance of probabilities, this was an accidental use […]

Public Inquiries Comments Off on No Action Taken Against Operator Following Transport Manager Found Driving with Another’s Card.
O-Licence in the Incorrect Entity Given Time for a New Application to be Submitted Whilst Continuing to Operate.

This Operator, represented by Millicent Dooher, was called in to a Public Inquiry following an unsatisfactory DVSA visit and assessment. It became clear that the licence should have been held as a sole trader rather than as a partnership. The Operator had taken significant steps to ensure more recent compliance […]

Public Inquiries Comments Off on O-Licence in the Incorrect Entity Given Time for a New Application to be Submitted Whilst Continuing to Operate.
Operator Receives a 14-day Curtailment of 2 Vehicles (margin +1) Following a Sustained Period of Non-Compliance.

Millicent Dooher represented this operator at a Public Inquiry following a previous preliminary hearing, two unsatisfactory independent audits and an unsatisfactory DVSA assessment. Although a significant effort had been made to ensure compliance within the 7 days prior to the Public Inquiry, the issues identified in 2022 were still evident […]

Public Inquiries Comments Off on Operator Receives a 14-day Curtailment of 2 Vehicles (margin +1) Following a Sustained Period of Non-Compliance.
Operator with “Propose to Revoke” Letter Receives Formal Warning Following Representations — No Public Inquiry Required

This operator received a propose to revoke letter following concerns with good repute, financial standing and stable establishment. Millicent Dooher, barrister, submitted representations to the Traffic Commissioner. These were accepted without the need for a Public Inquiry. The Traffic Commissioner imposed a formal warning only against the operator for the […]

Public Inquiries Comments Off on Operator with “Propose to Revoke” Letter Receives Formal Warning Following Representations — No Public Inquiry Required
Operator with No Transport Manager or Period of Grace Survives Public Inquiry

This operator, represented by barrister Harry Bowyer, failed to apply for a period of grace when their transport manager resigned. The sole director wished to be transport manager but the traffic commissioner had worries as to his history and whether he had time enough to devote to the licence. An […]

Public Inquiries Comments Off on Operator with No Transport Manager or Period of Grace Survives Public Inquiry
Operator Given Formal Warning at Public Inquiry Despite Winding up Petition and no Communication with OTC.

  This Operator, represented by Millicent Dooher, was called to a Public Inquiry following a winding up petition being issued. There is a requirement for all operators to have financial standing. If an operator does fall into financial difficulties, and no longer meets the financial standing requirement, they must inform […]

Public Inquiries Comments Off on Operator Given Formal Warning at Public Inquiry Despite Winding up Petition and no Communication with OTC.
Operator Keeps Licence at Second Public Inquiry in 12 Months

This operator, represented by barrister Harry Bowyer, had a Public Inquiry in 2022. One of the undertakings was to commission an audit after 6 months. This audit showed continued major failings and the Operator was called in to Public inquiry again. The director did have convincing reasons for taking his […]

Public Inquiries Comments Off on Operator Keeps Licence at Second Public Inquiry in 12 Months
Serious Regulatory Failures met with by 14 Day Curtailment at Traffic Commissioner’s Public Inquiry

Solicitor Laura Newton represented an Operator and Transport Manager before Traffic Commissioner for Public Inquiry, facing very serious compliance failings. This included a failure to analyse tachograph data, driver false records and drivers holding invalid licences. With early preparation, we were able to assist the Company to put actions in […]

Public Inquiries Comments Off on Serious Regulatory Failures met with by 14 Day Curtailment at Traffic Commissioner’s Public Inquiry

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