The operator was called to a Public Inquiry while operating under an interim restricted operator’s licence. The interim licence had been granted subject to an undertaking to provide a compliance audit within six months.
When the compliance audit was completed, it identified a number of significant concerns, including:
- the unauthorised use of trailers;
- potential licence lending; and
- a lack of continuous and effective control by the Transport Manager.
The findings caused the Traffic Commissioner considerable concern, and the operator was called to a Public Inquiry to determine whether its application for a substantive licence should be granted.
Laura Newton represented the operator at the Public Inquiry and presented evidence and submissions addressing the compliance failures, the circumstances in which they had arisen, and the steps taken by the operator to rectify them.
It was accepted that failings had occurred. However, Laura successfully persuaded the Traffic Commissioner that it would not be proportionate to disqualify the operator from the industry or to make an adverse finding against the repute of the Transport Manager.
As the operator did not hold the appropriate authority for its fleet and was required to submit a new application in any event, the Traffic Commissioner refused the substantive application and declined to extend the existing interim licence.
Crucially, however, the Traffic Commissioner indicated that a new application would be approved and could be granted immediately on an interim basis. This allowed the operator to continue trading seamlessly without any interruption to its services.
This was a significant outcome given the seriousness of the compliance concerns and the Traffic Commissioner’s power to disqualify the operator. Through careful presentation of the shortcomings and ensuring that the operator was open and transparent throughout the proceedings, Laura was able to demonstrate that the operator could be trusted to achieve compliance in the future.
