Another Restricted Licence in Trouble at Traffic Commissioner’s Public Inquiry – New Licence Granted

Harry Bowyer represented this operator at Public Inquiry. The Operator’s accountants had advised that the Operator should consolidate his companies to save costs which led to the company with the O Licence being wound down. The Operator continued to blithely operate the vehicle carrying goods belonging to the other companies in plain contravention of the terms of the Restricted Licence. To add to the tale of woe he had completely failed to download his vehicle unit as he did not even have a company card. All of this came to a head when the vehicle was stopped by the DVSA.

The resulting TEOR came in with a litany of 2s and 3s, a call in letter swiftly followed.

Rattled, the operator contacted a reputable firm of Transport Consultants who began to install the missing systems.

The Operator put in an application for a new licence for the extant company and offered to surrender the licence for the other company.

The Traffic Commissioner did not allow the surrender of the licence and revoked it for the many regulatory failings.

As this was a case where the Operator had been ignorant rather than malicious the Traffic Commissioner granted the fresh licence subject to strict undertakings relating to training, retention of the transport consultants and an audit.

Moral: A Restricted Licence is not a licence to act outside the regulations. You are held to the same exacting standards as Standard Licence holders but without the comfort of a qualified Transport Manager. If you feel that your skill set is deficient then get training. If still in doubt then have a reputable consultant have a look at your systems and fix deficiencies. It will cost money but you will sleep better. SBC can put you in touch with a consultant who will put you right with no judgement (They have seen it all!). Once the DVSA have visited and found fault that is the time to take action – Do not wait for the call in letter!