Change of Entity, Use of Unlicensed Driver – Operator Granted New Restricted Licence at Traffic Commissioner’s Public Inquiry

The operator in this matter, represented at Public Inquiry by Barrister, Harry Bowyer, had changed his entity from a partnership to a limited company on the advice of his accountant. He had assumed, incorrectly, that the licence would be transferrable to the new entity. In this he was sadly mistaken and had been operating without a licence for a number of years. This was compounded by woeful downloading and analysis of his drivers’ hours and a poor compliance with his maintenance regime.

He applied for a new licence in the name of the new entity. At Public Inquiry the old licence was revoked and the new one was granted subject to a number of undertakings.

Moral: In the same way that you wouldn’t instruct us to do your tax returns do not seek advice on Transport Law from your accountant!