Traffic Commissioner Public Inquiry – January 2021
A parcel operator approached Rothera Bray after receiving an instruction to attend a Public Inquiry with the Traffic Commissioner. This was in relation to drivers’ hours’ infringement.
Understanding the Case
Anton Balkitis travelled to the operating centre. Here he met with the director of the business and the transport manager. He was able to identify the circumstances surrounding the infringements.
Anton represented the business at the virtual Public Inquiry as their advocate.
Anton advanced strong mitigation. He was able to show that the business had taken many steps to put things right.
The operator had already identified and disciplined the most errant drivers. Furthermore, they had implemented a more effective tachograph analysis. This included obtaining missing mileage reports.
Drivers had extra training in relation to defect reporting. And the introduction of other policies to improve compliance had already happened.
Presenting a strong defence
The strong mitigation advanced, in this case, was that the business had not previously come to the attention of the Traffic Commissioner. This was an isolated patch of offending for the six drivers. And that there were no previous unsatisfactory maintenance investigations.
After hearing from Anton, the Traffic Commissioner was satisfied. The strong mitigation presented allowed both the business and the transport manager to be dealt with a formal warning. Additionally, they had to agree to the undertaking of an independent compliance audit.
A fair outcome for the business
This was an excellent outcome. Traffic Commissioners normally wish to send out a strong deterrent message. Particularly in an industry where a large number of drivers’ hours offences are committed.
Transport Solicitors Anton Balkitis and Chris Powell are highly experienced in representing Transport and Haulage Firms before the Traffic Commissioner at Courts Nationwide. If you require assistance please do not hesitate to get in touch by phone 0115 910 6210 or email enquiries@rotherabray.co.uk.