The operator had applied for a licence in the name of a new company 6 months prior to the case being called to a Public Inquiry. By that time, the existing company had been the subject of an adverse roadside encounter when prohibitions were issued.
This issue meant that the Deputy Traffic Commissioner wanted to adjourn the hearing of the application for ‘newco’ until the determination of the investigation by the DVSA into their existing maintenance arrangements (which was due to commence any day).
Carolyn Evans was able to persuade the Commissioner to grant an interim licence to the applicant whilst they awaited the outcome of the desk-based assessment on the basis that:
- No evidence in relation to the roadside encounter had been served before the hearing, which they could adequately prepare for
- There was an explanation for the prohibitions issued at the roadside, which mitigated the risk
- Failure to consider the application would place further commercial pressure on the applicant, who had already waited 6 months for a grant.
