Please find some of our recent cases below.
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Operator with Two Consecutive Unsatisfactory DVSA Reports Survives Traffic Commissioner’s Public Inquiry - February 2023
The operator in this case, represented at Public Inquiry by Barrister Harry Bowyer, failed to take sufficient corrective action after an unsatisfactory DVSA visit and had an unsatisfactory desk based assessment 12 months later. The Traffic Commissioner was concerned that the Directors had no oversight of the operation and that […]
Operator With Wrong Entity Given Sufficient Time for New Application to be Processed at Traffic Commissioner’s Public Inquiry - February 2023
This operator, represented at Public Inquiry by Barrister Harry Bowyer, had been operating for many years as a sole trader when the reality was that he was in a partnership with his wife. Matters came to a head when the DVSA conducted an unsatisfactory assessment. The matter was complicated by […]
£30,000 of TFL Direct Vision Standards Penalties Cancelled - January 2023
This company had accrued more than £30,000.00 worth of DVS penalties from TfL. The company had not received any of the original notices due to a change of address that had not been updated with the DVLA. Each of the penalties being at an enforcement stage. Millicent Dooher represented the […]
Card Pulling Driver Gets 28 Day Suspension Despite Multiple Offences - January 2023
Smith Bowyer Clarke were instructed to represent a Driver before the Traffic Commissioner for a Driver Conduct Hearing following an investigation which found the Driver, our client, to have driven without a tachograph card inserted on multiple occasions, creating a false tachograph record. Laura Newton represented the Driver at the […]
No Further Action Taken Against Approved Driving Instructors - January 2023
Laura Newton separately represented two Approved Driving Instructors under investigation following complaints made by members of the Public. In each case, she attended the interview and assisted the ADI to put forward their account and defend their position. In one matter, no further action was taken following the interview. In […]
Bus Operator Keeps Licence at Traffic Commissioner’s Public Inquiry After Unsatisfactory DVSA Visit - January 2023
This PSV Operator, represented at Public Inquiry by Barrister Harry Bowyer, had a visit from the DVSA which revealed a number of defects in his systems. SBC put him in touch with a reputable transport consultant who put in the the proper systems. The Traffic Commissioner allowed the operator to […]
Urgent Application for Operator’s Licence Granted Upon Death of a Partner - January 2023
Following the death of a Partner, Laura Newton assisted a business to secure continuity of their authority to Operate HGVs. A traditional partnership terminates upon the death of a Partner, which means that the Operator’s Licence automatically comes to an end. An urgent application was made to the Traffic Commissioner […]
Representors Successful in Opposing the Use of a Residential Driveway as an Operating Centre for an HGV - December 2022
The Operator had been using a 5 tonne Kebab Van for some years without a licence, parking it on a residential driveway when not in use. His neighbours, represented by barrister Harry Bowyer, had objected to the council who failed completely in their duty to get a grip on what […]
Scaffolding Company’s Application Granted as Applied for at Traffic Commissioner’s Public Inquiry despite “Phoenix” concerns - December 2022
The scaffolder in this matter, represented at Public inquiry by barrister Harry Bowyer, was the successor company to a scaffolding company that had gone spectacularly bankrupt. Smelling a “Phoenix” the Traffic Commissioner called the application in. The Traffic Commissioner was satisfied that despite the use of the same trucks and […]
MOT Authorised Examiner Avoids Cessation - December 2022
We were asked to act on behalf of an MOT Authorised Examiner, whose authorisation to operate an MOT Centre was in jeopardy following a Tester’s unlawful actions. DVSA surveillance uncovered that a Tester had conducted a number of re-tests away from the MOT Centre, without the owner’s knowledge. Under the […]
