PSV Operator Keeps Licence at Public Inquiry | Smith Bowyer Clarke

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PSV Operator Keeps Licence at Public Inquiry

This PSV Operator had been called to a Preliminary Hearing with the Traffic Commissioner. A visit from the DVSA (VOSA) had found that he had changed his business from a sole trader to a limited company. Unfortunately, he had not first obtained an operator’s licence in the name of that limited company. Given the seriousness of the matter, the Traffic Commissioner escalated the case to a Public Inquiry.

The Operator at that stage instructed SBC to take the case. SBC worked closely with the operator to try to ensure that all the directions of Traffic Commissioner given at the Preliminary Hearing were followed. At the Public Inquiry the advocate was able to take the Traffic Commissioner through the steps that had been taken by the operator, and provide evidence in support.

On hearing the evidence of the Operator and the legal submissions made on his behalf, the Traffic Commissioner decided to impose a temporary vehicle curtailment for 9 days, to coincide with the school holidays.

This is a case in which early involvement by transport lawyers prior to the Preliminary Hearing might have allowed this matter to be resolved at an earlier stage.

Case Details

Case Name: PSV Operator Keeps Licence at Public Inquiry
Case Date: May 2018
Case Type (info): Public Inquiry

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