Public Inquiries Archives | Page 6 of 28 | Smith Bowyer Clarke

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Archive: Public Inquiries

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is Successful in his Application for a New Standard National PSV O Licence after their First Restricted PSV O Licence was Revoked.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is Successful in his Application for a New Standard National PSV O Licence after their First Restricted PSV O Licence was Revoked.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
STGO Operator with Two Overloads Given Warning and Interim Increase in Authorised Vehicles at Traffic Commissioner’s Public Inquiry

This operator, represented at Public Inquiry by barrister Harry Bowyer, was stopped on two occasions with serious overloads on vehicles approaching 100 tonnes. It was clear both to the Traffic Commissioner and the DVSA that he was making serious efforts to become compliant and had spent great deal of money […]

Public Inquiries Comments Off on STGO Operator with Two Overloads Given Warning and Interim Increase in Authorised Vehicles at Traffic Commissioner’s Public Inquiry
Operator Suspected of Licence Lending Given Formal Warning by Traffic Commissioner

This operator, represented by Millicent Dooher, was called before the Traffic Commissioner following suspected licence lending. The Traffic Commissioner considered the full documents and determined that, on balance, there was no licence lending. There were vehicle and driver issues that were raised, however the Traffic Commissioner agreed it was appropriate […]

Public Inquiries Comments Off on Operator Suspected of Licence Lending Given Formal Warning by Traffic Commissioner
Licence Lending Operator Survives with Suspension at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was suspected of borrowing a truck from another operator. Both operators had a one truck operation and worked with each other on the same contract, one subcontracting for the other. The problem arose when one could not […]

Public Inquiries Comments Off on Licence Lending Operator Survives with Suspension at Traffic Commissioner’s Public Inquiry
Bus Company Escapes with Formal Warning at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public Inquiry by barrister, Harry Bowyer, brought himself to the attention of the DVSA by presenting a Bus with loose wheel nuts for MOT. This was followed by an unsatisfactory DVSA visit. They instructed a competent Transport Consultant who updated their systems and […]

Public Inquiries Comments Off on Bus Company Escapes with Formal Warning at Traffic Commissioner’s Public Inquiry
PSV Company with 200 Instances of “Missing Mileage” Keeps Licence at Traffic Commissioner’s Public Inquiry

Our client, a PSV Operator, was called to Public Inquiry relating to concerns over a lack of Transport Manager control and over 200 instances of significant missing mileage which could not be accounted for. Laura Newton was instructed to act and in preparing the case for Public Inquiry, the Operator […]

Public Inquiries Comments Off on PSV Company with 200 Instances of “Missing Mileage” Keeps Licence at Traffic Commissioner’s Public Inquiry

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