Only issued formal warning despite not notifying Traffic Commissioner of business inactivity
Situation
We represented a transport manager called to a public inquiry in Eastbourne by the Traffic Commissioner.
The manager had been an external transport manager on an operator’s licence that was linked to a single-vehicle bus company. The company had not yet begun operating despite having a licence. For over a year, the transport manager awaited the start of operations, but during this time, the Traffic Commissioner raised financial concerns and called for a public inquiry.
Action taken
We were instructed to represent the transport manager at the hearing. The company director did not attend. We explained the manager’s role and the delay in notifying the Commissioner’s office that the business was not operating. It was accepted that matters had been allowed to drift for too long. The Commissioner’s office should have been notified at an earlier stage that the business was not in fact operating.
Outcome
The Traffic Commissioner accepted the explanations and decided to issue only a formal warning.
Conclusion
This case emphasises the importance of regular communication between external transport managers and the Commissioner’s office. Problems arise when an external transport manager is nominated on a licence but has very little involvement in it.
Another issue that arose in this case was the contractual arrangements between the external transport manager and the company. External transport managers should be employed by a company in their own name and not engaged via a company or agency.
If you have been called to a Traffic commissioner’s public inquiry and need professional legal advice and clear contractual arrangements in place call us on 0115 910 6239 or email info@keepmeontheroad.co.uk.
This case study first appeared on the Rothera Bray website. our parent law firm.