Public Inquiries Archives | Page 2 of 26 | Smith Bowyer Clarke

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Archive: Public Inquiries

Operator with “Propose to Revoke” Letter Receives Formal Warning Following Representations — No Public Inquiry Required

This operator received a propose to revoke letter following concerns with good repute, financial standing and stable establishment. Millicent Dooher, barrister, submitted representations to the Traffic Commissioner. These were accepted without the need for a Public Inquiry. The Traffic Commissioner imposed a formal warning only against the operator for the […]

Public Inquiries Comments Off on Operator with “Propose to Revoke” Letter Receives Formal Warning Following Representations — No Public Inquiry Required
Operator with No Transport Manager or Period of Grace Survives Public Inquiry

This operator, represented by barrister Harry Bowyer, failed to apply for a period of grace when their transport manager resigned. The sole director wished to be transport manager but the traffic commissioner had worries as to his history and whether he had time enough to devote to the licence. An […]

Public Inquiries Comments Off on Operator with No Transport Manager or Period of Grace Survives Public Inquiry
Operator Given Formal Warning at Public Inquiry Despite Winding up Petition and no Communication with OTC.

  This Operator, represented by Millicent Dooher, was called to a Public Inquiry following a winding up petition being issued. There is a requirement for all operators to have financial standing. If an operator does fall into financial difficulties, and no longer meets the financial standing requirement, they must inform […]

Public Inquiries Comments Off on Operator Given Formal Warning at Public Inquiry Despite Winding up Petition and no Communication with OTC.
Operator Keeps Licence at Second Public Inquiry in 12 Months

This operator, represented by barrister Harry Bowyer, had a Public Inquiry in 2022. One of the undertakings was to commission an audit after 6 months. This audit showed continued major failings and the Operator was called in to Public inquiry again. The director did have convincing reasons for taking his […]

Public Inquiries Comments Off on Operator Keeps Licence at Second Public Inquiry in 12 Months
Serious Regulatory Failures met with by 14 Day Curtailment at Traffic Commissioner’s Public Inquiry

Solicitor Laura Newton represented an Operator and Transport Manager before Traffic Commissioner for Public Inquiry, facing very serious compliance failings. This included a failure to analyse tachograph data, driver false records and drivers holding invalid licences. With early preparation, we were able to assist the Company to put actions in […]

Public Inquiries Comments Off on Serious Regulatory Failures met with by 14 Day Curtailment at Traffic Commissioner’s Public Inquiry
Traffic Commissioner allows Licence to Continue, Despite Serious Maintenance Failures, at Public Inquiry

This operator, represented at the Public Inquiry by barrister Harry Bowyer, was a family business with a director/transport manager in his 70s. The DVSA report showed serious maintenance failures. The Transport Manager was allowed to step down as TM with no adverse findings and continue in his role as director. […]

Public Inquiries Comments Off on Traffic Commissioner allows Licence to Continue, Despite Serious Maintenance Failures, at Public Inquiry
Formal Warning for Operator at Public Inquiry Following Concerns of Fronting

Millicent Dooher, barrister, represented this operator before the Traffic Commissioner following concerns about who was running this Company. Any director of an Operator Licence holding company is responsible for the regulatory compliance- they cannot be a director in name only. Directors should therefore have at least basic knowledge of what […]

Public Inquiries Comments Off on Formal Warning for Operator at Public Inquiry Following Concerns of Fronting
Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Numerous Regulatory Failings

This Operator, represented at Public Inquiry by barrister, Harry Bowyer, was visited by the DVSA who found 136 driver infringements including a number committed by the transport manager/director himself. The company was restructured as it was apparent that the transport manager/director was “wearing too many hats.” The Traffic Commissioner allowed […]

Public Inquiries Comments Off on Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Numerous Regulatory Failings
Transport Manager Allowed to Step Aside and a New Transport Manager Appointed at Public Inquiry

The Traffic Commissioner called the application to add a new transport manager to an O licence on the request of the proposed transport manager. The Traffic Commissioner had concerns about whether the existing Transport Manager was exercising effective and continuous management. Upon a review of the maintenance and drivers hours […]

Public Inquiries Comments Off on Transport Manager Allowed to Step Aside and a New Transport Manager Appointed at Public Inquiry
Operator Avoids Regulatory Action After Half-Finished Transport Consultant’s Report calls Operator’s Compliance into Question

The Operator was represented by Solicitor Murray Oliver who arranged for a new audit to be conducted by a competent transport consultant. A period of grace was granted for financial standing. The Traffic Commissioner accepted that there was evidence of effort being made to comply and the Operators investment in […]

Public Inquiries Comments Off on Operator Avoids Regulatory Action After Half-Finished Transport Consultant’s Report calls Operator’s Compliance into Question

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