Traffic Commissioner Public Inquiry – Golborne – December 2020
Chris Powell represented a building materials haulage company at a Public Inquiry in Golborne in the North West Traffic Area in December 2020.
The company had been called to a Public Inquiry after a DVSA desk-based assessment had uncovered significant problems with its maintenance arrangements. Additionally, promises that the company had made at a previous Public Inquiry had not been kept to. There was a real risk that the licence would be revoked, and the business brought to an end.
Chris Powell worked closely with the owner of the business prior to the Public Inquiry to discover the reasons for the problems that had occurred. He also recommended steps that could be taken to fix these problems and to provide assurance to the Traffic Commissioner.
At the Public Inquiry, the Traffic Commissioner explained his concerns and identified that this was the operator’s second Inquiry in just two years. After some opening submissions, Chris Powell took the operator through his evidence. The very difficult personal circumstances that existed throughout the course of 2020 were explained, and the Commissioner was also told about the devastating impact that an operator’s licence revocation would have on the business.
In his closing submissions, Chris Powell proposed that the business be allowed to continue but with a new transport manager in place and with undertakings being offered. The Commissioner, whilst troubled by the compliance problems that had occurred, was prepared to accept the operator’s explanation. He also gave credit for his full and frank admissions and his recognition that he was not suitable to continue to be a transport manager.
The Commissioner decided that his good repute as transport manager had been lost, however the Commissioner allowed the licence to continue with a suspension and a small reduction in fleet size. A period of grace was granted to allow the operator time to find an alternative transport manager.
This was a difficult case, and the prospect of a licence revocation was extremely high from the outset. Having represented a great many transport companies at Public Inquiry hearings, Chris Powell was able to focus on the key issues, come up with creative solutions to the problems, and provide the Commissioner with the assurances required to allow the licence to continue.
One lesson arising from this case is that even if a transport company has a difficult regulatory history and previous Public Inquiry hearings, it is often still possible to avoid a revocation. This is provided the case is properly prepared and presented to the Commissioner at Public Inquiry.