Public Inquiries Archives | Smith Bowyer Clarke

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

Category: Public Inquiries

Bounce Back Loans and The Traffic Commissioner

In several recent Public Inquiries in which we have been involved Traffic Commissioners have shown an unhealthy interest in “Bounce Back” loans taken out by operators at the beginning of the Covid 19 pandemic. These loans were taken out under rules requiring that the maximum amount loaned must be equal […]

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Changes to the Statutory guidance documents for Vocational Drivers and what it may mean for you.

This document was updated on the 29th September 2020. The main changes for drivers are with regards to: Overloading Maintenance Defects Bridge strikes Armed Service Personnel Powers The powers of the Traffic Commissioner have been extended to PCV community licence holders under s. 115 of the Road Traffic Act 1988. […]

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Remote Public Inquiry Hailed as a Success!

Remote Public Inquiries are being used by Traffic Commissioners to try to plough through the backlog created by the Covid 19 pandemic. Not every case is suitable for such a hearing and Commissioners seem to be cherry picking those that are. The signs seem to be promising that they are […]

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SBC NEWS LETTER – 12th April 2020

Covid 19 Round Up There have been numerous announcements from the Office of the Traffic Commissioner and the Department for Transport which will assist you during this time of unprecedented challenge. Read our round up and if we can help you please call our friendly team for a free initial […]

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Fleet Cars – Are You Aware of the Risks?

Does your company provide vehicles for employees to use as part of their employment? You may not realise it but the company could be liable for prosecution, in addition to the driver, if the vehicles are used in circumstances where motoring offences are committed. In the eyes of the law, […]

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IR35 Tax Change (Self Employed Drivers) – How Does This Affect Transport Companies?

For a number of years, HMRC has taken an interest in the arrangements between transport companies and drivers who hold themselves out to be self employed. In many cases, this has been seen to simply be an arrangement to reduce tax and National Insurance liabilities and the arrangements are that […]

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Summoned to the Traffic Commissioner for Not Maintaining Your PSVs? 5 Awkward Questions You Can Expect to be Asked:

Maintenance failings are perhaps the single most common reason bus and coach operators are called in to Public Inquiry with the Traffic Commissioner. Often it starts with a roadside stop by the DVSA (VOSA) at which one of your vehicles is issued with a roadworthiness prohibition (a PG9). This is […]

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Operator Licences Held by Partnerships – A Risky Strategy

It can be very risky operating HGVs as a business partnership. You must know exactly what the rules are or you place your licence and your business at risk, and may even find yourself with a criminal record.   Consider the Following Nightmare Scenario: You are in a business partnership […]

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An Unforeseen Consequence of Being Your Own Transport Manager

If you hold an operator’s licence, there can be a number of advantages to being your own Transport Manager: You save a wage that you would otherwise have to pay. You can keep a proper overview of your drivers and their adherence to their drivers’ hours, working time and continuing […]

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How To Improve Your Chances at Traffic Commissioners’ Public Inquiry

  Getting called to a Public Inquiry before the Traffic Commissioner is a frightening experience for any operator. As a worst-case scenario, the Traffic Commissioner has the power to refuse or revoke your operating licence and even to disqualify you from holding one in the future. For this reason, many […]

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