Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite “S” Marked Prohibition and Furloughed Transport Manager

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was called in after he acquired an “S” marked prohibition on his trailer. In the subsequent investigation it became apparent that he had furloughed his Transport Manager for most of the last year.

On investigation he actually had a good answer to the “S” marked prohibition in that the trailer had been the subject of a great deal of work and the operator could show that he had spent over £12,000.00 on repairs in the previous 12 months (It was a special types trailer so worth the investment). It was apparent that the fault that cased the prohibition would not have been obvious to the driver on his walkround. The fault plainly lay with the maintenance provider rather than the operator as the bundle submitted to the Traffic Commissioner proved.

The Transport Manager for this family run business was plainly approaching his sell by date. He was approaching his 70th birthday and had serious health problems which led to his being furloughed. It was obvious that the operator was looking after the interests of his TM when it should have been apparent that the TM was no longer in continuous and effective control of the operation.

The Traffic Commissioner, one of the less flinty hearted ones, had some sympathy with the operator and allowed the licence to continue with a period of grace for a new Transport Manager to be appointed.