Traffic Commissioner problems
The potential effects of Traffic Commissioner imposed penalty action or not obtaining the desired Licence for your business can be commercially devastating. Failure to properly address or respond to requests for information from the Traffic Commissioner can lead to significant sanctions.
We maintain a good working relationship the Office of the Traffic Commissioner and this has frequently assisted in resolving matters and disputes.
We offer prompt and effective legal support and representation in the event of your business:
- Being called to a Traffic Commissioner Public Inquiry or Preliminary Hearing
- Requiring representation for your drivers
- Receiving communication from the Office of the Traffic Commissioner requiring a response
- Requiring support with a new or variation licence application
- Facing criminal prosecution or having received a criminal conviction requiring disclosure to the Traffic Commissioner
- Experiencing entity/board/financial changes requiring disclosure to the Traffic Commissioner
Case Studies
A Representing a road haulage business at a disciplinary public inquiry, due to significant and repeated breaches of Drivers Hours Regulations. Faced with potential revocation of the Client’s Operator Licence due to the nature of the infringements. Advising on and implementing a set of rehabilitation systems to include training and better management of tacho analysation. Drafting and presenting detailed written representations and proposals on behalf of our client which were accepted by the Commissioner and the logistics chain was unaffected.
B Representing a plant haulage company following a fatal incident following the loss of a wheel from one of its lorries. Dealing with media attention and TV cameras in and outside the Public Inquiry courtroom. Addressing allegations of sub standard maintenance across the whole fleet with significant quantities of written evidence. Working with a client under significant commercial pressures and as the Advocate having to “think quickly on our feet”. Putting forward to the Traffic Commissioner a 'package' of remedial compliance measures and assisting in achieving a finding of no fault in respect of the cause of the fatal accident.
C Representing a Bus Operator facing the loss of a number of significant bus routes if the operator licence due to allegations of poor driver management and defective vehicles. Negotiating an agreed fleet curtailment during A PERIOD when commercial demands were low. Having to organise and direct the evidence to ensure that not only the Traffic Commissioner but also the Local Authority were satisfied that the Client was still 'reputable' and competent to operate buses.
D Representing a food and beverages business called to an Inquiry on failure to notify appointment of new directors and other business changes, causing doubt in the Commissioner's mind as to whether the Operator was still reputable to hold an Operator Licence. Fully scrutinizing commercial roles and compliance systems within the business and implementing immediate steps to boost the repute of the business to the satisfaction of the Commissioner.
E. Representing a chemical engineering and road tanker business called to Inquiry following an earlier asset acquisition where it was wrongly assumed that an existing Operator Licence would transfer from the Seller to the Buyer on completion. Acting quickly to set up a system of cross invoicing and sub contracting to legalise transport operation leading up to the Inquiry and drafting and submitting an emergency new Licence application. Steps taken to rectify the previous illegal situation and to boost the repute of the client were applauded by the Commissioner and a new Licence was granted during the inquiry.