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The public inquiry
The public inquiry
On 14 November 2024, the OTC wrote to the operator (page 17):
“I refer to your heavy goods vehicle operator’s licence and the DVSA visit dated 23/08/2024 and the shortcomings identified.
The Traffic Commissioner has reviewed your licence and has decided to hold a public inquiry…
…
The Traffic Commissioner’s powers
…
If the Traffic Commissioner revokes a licence, they may also disqualify the company or [you/any of the partners/any of the directors] for a specific period or indefinitely from holding another operator’s licence, and from being involved with any company which holds such a licence…
You should consider making contingency arrangements for any outcome from the inquiry, WHICH MAY INCLUDE THE LOSS OF YOUR LICENCE.
The issues
The issues of concern to the Traffic Commissioner are allegations that:
you have breached the conditions on your licence, namely
- Heading
- This appeal is DISMISSED. The Traffic Commissioner’s decision of 13 January 2025 directing revocation of the First Appellant’s operator’s licence (no. OH2040441), under section 26(1) of the Goods Vehi
- Introduction
- Factual background
- Undertakings
- DVSA Vehicle Examiner involvement with operator
- The public inquiry
- Fail to notify of change in maintenance arrangements…
- that your vehicles and trailers would be kept fit and serviceable
- Section 10
- The Traffic Commissioner’s decision
- Kyle Gettings lied to DVSA Examiners “about not having driven YK16XYC on the morning of 27 August 2024”
- The Traffic Commissioner’s analysis
- Legal framework
- “that during the five years ending with the date on which the direction is given there has been—
- “that the licence-holder made…for the purposes of—
- Grounds of appeal
- substantial compliance improvements have been made since the public inquiry hearing the financial and related consequences of revocation would be dire
- Conclusions