Public Inquiries Archives | Page 7 of 28 | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Archive: Public Inquiries

“Exempt” Company Obtains Restricted Licence Despite Traffic Commissioner’s Concerns that a Standard National Licence More Appropriate

Laura Newton was instructed to act on behalf of an Operator called to Public Inquiry for consideration of a new Operator’s Licence. The company had previously considered itself to be exempt from Operator Licencing, so was called to consider whether it had acted unlawfully which may impact its repute. Secondly, […]

Public Inquiries Comments Off on “Exempt” Company Obtains Restricted Licence Despite Traffic Commissioner’s Concerns that a Standard National Licence More Appropriate
Licence Continues After Traffic Commissioner’s Public Inquiry Fronting Concerns

Laura Newton represented an Operator company, who was suspected of providing a front for another business, which had gone into administration resulting in licence revocation. As facts in the case had not be apparent until after the new licence was granted, the background had not been properly explored by the […]

Public Inquiries Comments Off on Licence Continues After Traffic Commissioner’s Public Inquiry Fronting Concerns
Bus Operator curtailed by 2 vehicles, at Traffic Commissioner’s Public Inquiry, following 9 prohibitions on DVSA visit.

Millicent Dooher represented this Operator before the Traffic Commissioner at a Public Inquiry. The Operator was called in following an unsatisfactory DVSA visit, with 9 prohibitions and a poor MOT history. The Transport Manager resigned immediately prior to the Public Inquiry. After hearing from the Operator, and representations from Millicent, […]

Public Inquiries Comments Off on Bus Operator curtailed by 2 vehicles, at Traffic Commissioner’s Public Inquiry, following 9 prohibitions on DVSA visit.
7 day Suspension of O-Licence Following Multiple card Pulling Allegations Against the Director at Traffic Commissioner’s Public Inquiry.

This operator was called before the Traffic Commissioner following allegations made by the DVSA that the director created false records by card pulling as well as allowing another driver to use his driver card. These allegations were not prosecuted. Millicent Dooher represented the operator at their Public Inquiry. The Operator […]

Public Inquiries Comments Off on 7 day Suspension of O-Licence Following Multiple card Pulling Allegations Against the Director at Traffic Commissioner’s Public Inquiry.
No Further Action Following Traffic Commissioner’s Preliminary Hearing

Millicent Dooher, barrister, represented this operator at their preliminary hearing before the Traffic Commissioner following an ‘S’ marked prohibition and unsatisfactory DVSA desk based assessment. The DVSA had identified a number of areas of shortcomings within the operation, including the prohibition history, PMIs and roller brake test issues and insufficient […]

Public Inquiries Comments Off on No Further Action Following Traffic Commissioner’s Preliminary Hearing
Scaffolder with Missing Mileage and Wrong Entity Issues Given Interim Licence at Traffic Commissioner’s Public Inquiry

The operator in this case, represented at Public Inquiry by barrister Harry Bowyer, was advised by his accountant to become a limited company. This he did without realising the issues that the change of entity would raise at the Office of the Traffic Commissioner. His problems were increased as he […]

Public Inquiries Comments Off on Scaffolder with Missing Mileage and Wrong Entity Issues Given Interim Licence at Traffic Commissioner’s Public Inquiry
Partnership with Wrong Entity Problems and Maintenance Shortcomings Obtains New Licence after Traffic Commissioner’s Public Inquiry

Laura Newton was instructed to represent a Partnership at Public inquiry, called to the Traffic Commissioner in respect of maintenance shortcomings. During preparation, it was also identified that the application was held by the wrong entity, and we were able to make a new application to be considered urgently at […]

Public Inquiries Comments Off on Partnership with Wrong Entity Problems and Maintenance Shortcomings Obtains New Licence after Traffic Commissioner’s Public Inquiry
Operator Keeps Licence Despite Losing Good Repute as Transport Manager at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was advanced in years and set in his ways. He had an in-house mechanic who had an interestingly cavalier attitude to compliance and paperwork. Our transport consultant was horrified when he came in for a compliance visit […]

Public Inquiries Comments Off on Operator Keeps Licence Despite Losing Good Repute as Transport Manager at Traffic Commissioner’s Public Inquiry
Applicant Starts Operating Truck Before Licence Granted – Licence Granted as Applied for At Traffic Commissioner’s Public Inquiry

The Applicant in this matter, represented at the Traffic Commissioner’s Public Inquiry by barrister Harry Bowyer, was spotted on ANPR cameras on some 30 occasions operating his truck for which he had neither operator’s licence nor interim granted. He seems to have genuinely failed to appreciate how serious the matter […]

Public Inquiries Comments Off on Applicant Starts Operating Truck Before Licence Granted – Licence Granted as Applied for At Traffic Commissioner’s Public Inquiry
Operator Survives Traffic Commissioner’s Public Inquiry after “S” Marked Prohibition

This operator, represented by Millicent Dooher, was called to a public inquiry following ‘s’ marked prohibitions and an unsatisfactory maintenance investigation as well as a change in Transport Manager. The Traffic Commissioner was satisfied with the changes that had been made- most notably the replacement of the Transport Manager, but […]

Public Inquiries Comments Off on Operator Survives Traffic Commissioner’s Public Inquiry after “S” Marked Prohibition

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