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Archive: Public Inquiries

Robust Action prior to Call-In Letter Results in Licence Retention

An operator, holding a restricted licence, was represented by Barrister Helen Newbold having been called into a Public Inquiry after a driver stop showed severe lapses in recording both driving time and working time directive duties. After a subsequent visit to the operator by the DVSA it was apparent that […]

Public Inquiries Comments Off on Robust Action prior to Call-In Letter Results in Licence Retention
Appeal to The Upper Tribunal: Traffic Commissioner acted unlawfully when Disqualifying Operator and Director

This Operator, represented by Simon Clarke, was disqualified by the Traffic Commissioner from holding or obtaining and Operators’ Licence for 2-years or from “….being involved in any entity that holds or attains such a licence….” On appeal to the Upper Tribunal Simon Clarke argued that the disqualification was unlawful both […]

Public Inquiries Comments Off on Appeal to The Upper Tribunal: Traffic Commissioner acted unlawfully when Disqualifying Operator and Director
Operator Warned for Using Unauthorised Operating Centre at Traffic Commissioner’s Public Inquiry

The Operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, had some building works at his operating centre. As a result he began keeping his trucks at a yard further down the same estate. The operator and his Transport Manager had a few desultory conversations about whether […]

Public Inquiries Comments Off on Operator Warned for Using Unauthorised Operating Centre at Traffic Commissioner’s Public Inquiry
PSV Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Running With Transport Manager “In Name Only.”

Barrister Helen Newbold represented this Operator at Public Inquiry after they were called in for significant failings in respect of their maintenance regime.  It was established that the operation had been run with the Transport Manager acting in name only for a number of years which lead to the exceptionally […]

Public Inquiries Comments Off on PSV Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Running With Transport Manager “In Name Only.”
Operator Granted Licence After Traffic Commissioner’s Public Inquiry Despite Operating Without a Licence and Using the Margin of Another Operator.

The Operator, represented at Public Inquiry by Harry Bowyer, was running two companies when he decided to close one down. He closed down the company with the Operator’s Licence and continued to operate until one of his vehicles was stopped, thinking that the licence was still open to him to […]

Public Inquiries Comments Off on Operator Granted Licence After Traffic Commissioner’s Public Inquiry Despite Operating Without a Licence and Using the Margin of Another Operator.
Operator Requests Traffic Commissioner’s Public Inquiry To Retain Licence

Barrister Helen Newbold represented this Operator, who had been advised by the Office of the traffic Commissioner that their licence was being considered for revocation following a DVSA maintenance investigation. A Public Inquiry was requested so that the operator could have the opportunity to address the Traffic Commissioner on the […]

Public Inquiries Comments Off on Operator Requests Traffic Commissioner’s Public Inquiry To Retain Licence
Bad Legal Advice Leads to Unlawful Undertakings, Allegations of Fronting and Traffic Commissioner’s Public Inquiry

This Operator, represented by Simon Clarke, had used a Transport Consultant to apply for their Operator’s Licence and in doing so had been advised to accept undertakings which had no grounding in law and severely limited the way in which the operation could be run.  This state of affairs only […]

Public Inquiries Comments Off on Bad Legal Advice Leads to Unlawful Undertakings, Allegations of Fronting and Traffic Commissioner’s Public Inquiry
PSV Operator Retains Licence After Traffic Commissioner’s Public Inquiry.

This PSV Operator, represented at Public Inquiry by Barrister Harry Bowyer, ran into difficulties when the two directors had a major falling out resulting in one of them storming out of the business, leaving the remaining partner to pick up the pieces. Matters were compounded by a rogue driver who […]

Public Inquiries Comments Off on PSV Operator Retains Licence After Traffic Commissioner’s Public Inquiry.
Variation Granted at Traffic Commissioner’s Public Inquiry Despite Resistance from Representors

This Operator, represented by Barrister Harry Bowyer at Public Inquiry, wanted to increase his vehicle authorisation from 2 to 5. His operating centre was based in a small village where two relatively recent residents had taken exception to a long established operating centre. As a result of these representations a […]

Public Inquiries Comments Off on Variation Granted at Traffic Commissioner’s Public Inquiry Despite Resistance from Representors
Operator’s Licence Granted After Legal Entity Questions Answered Satisfactorily at Preliminary Hearing

This operator, represented by Barrister Helen Newbold, was called into the Office of the Traffic Commissioner for a preliminary hearing on their application for an Operator’s Licence. The operator had recently merged two companies, who were operating as sole traders, into a single limited company. When applying for a new […]

Public Inquiries Comments Off on Operator’s Licence Granted After Legal Entity Questions Answered Satisfactorily at Preliminary Hearing

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