A key point from a recent successful Public Inquiry in Leeds this week –
“The importance of preparation and submission”.

Last month, I was contacted by a restricted operator who had received a Public Inquiry call up letter following a DVSA investigation some 18 months prior, what seemed a simple case at first soon became more complex when it materialised that this included regulatory hearings for two operators and the application for an operator licence of a third entity who were all linked via directors, shareholding and subsidiary within the group structure.

As with any Public Inquiry, the upmost importance must be given to the preparation of evidence and submissions to the Traffic Commissioner, which can set the tone of the intent of the operator to the seriousness they take of the situation.

As with all Public Inquiry representation we are involved in that requires the diligence of legal expertise, I strongly advise operators to engage with Jared Dunbar of Dynes Solicitors to lead the preparation and submission whilst I worked with the operator(s) to implement new systems and processes ahead of the Public Inquiry.

At this stage of any regulatory Public Inquiry for an existing operator licence, an independent professional opinion can provide much weight to the consideration of action for a Traffic Commissioner, and we called upon Daniel Donnor of Audit Risk Compliance Ltd, who provided an in-depth and forensic analysis of the operation(s) since the DVSA investigation some 18 months prior.

Whilst the operator would have preferred not to experience attending a Public Inquiry in front of the Traffic Commissioner it served as a timely reminder that whilst there were failings and shortcomings due to naivety and lack of knowledge of fairly complex company law affairs, that the quick action of appointing a team of experienced, qualified and knowledgeable solicitor, consultant and auditor provided a professional and expertly delivered submission which was commended by the Traffic Commissioner and assisted in dissecting a complex issue on the surface into a relatively straightforward case, of which the Traffic Commissioner made no adverse findings and granted the new operator licence.

It adds much weight to my firm belief that when a Public Inquiry call-up letter arrives, the past cannot be undone but the actions moving forward in that period between call-up and the Public Inquiry is a key determination in how the case will end and the outcome for the operator involved.

Through the quick action of the operators, expert submissions of Jared Dunbar and the offer of undertaking at Public Inquiry to retain ourselves as consultant and an audit in six months, the outcome was favourable this time.

Experienced and quality representation is an expense that is not budgeted for, but is less impactful than serious disciplinary action, which can be fatal for many businesses that rely on transport either as the main business or an ancillary to their operation.

Please contact us for an informal chat on how we can support you, your team and organisation with all aspects of transport compliance.

Mark Hurst 07960 284728, info@hursttransportservices.co.uk