Two convictions for road transport offences can lead to an automatic loss of an Operator’s good repute. This means revocation of the Operator’s Licence and an end to the business.
Convictions include offences committed by drivers and agents acting on behalf of the Operator.
Operators should not be tempted to view convictions (however minor the likely penalty) as a form of additional low level taxation to be accepted without question. An Operator is obliged to notify the Office of the Traffic Commissioner within 28 days of the conviction. Failure to notify is in itself an offence.
Consequently, the Traffic Commissioner will become aware of a conviction. This may lead to an Operator being called to attend a Public Inquiry to decide whether or not the Operator’s Licence should be revoked.
It is therefore vital that if you or a driver face an allegation which is denied, that this is fully challenged and defended immediately. If an allegation goes unchallenged, then the Traffic Commissioner will deal with the conviction as an accepted matter of fact. The Traffic Commissioner will not entertain attempts at a later Public Inquiry to reassess the facts behind the conviction.
Whilst actively defending an allegation in Court, may well be time consuming and present an immediate cost which you won’t be able to fully recover – that time and cost are nothing when compared with the level of time and cost associated with defending yourself at Public Inquiry and the genuine risk, once you reach that stage, of being put out of business.
If you find yourself in this position, Howard Catherall can advise, assist and represent you on the following:
• DVSA / Police interviews under caution
• Magistrates Court / Crown Court proceedings
• Notifying a conviction to the Office of the Traffic Commissioner
– seeking to persuade the Traffic Commissioner that a Public Inquiry
or further attention from DVSA is unnecessary
• Public Inquiry
• Driver Conduct Hearing
"The ease that we could access and speak to Pat Smith - Thank you"
"“ This is the second time we have used Tracey for the conveyancing to buy our new home. She is always completely approachable, she has helped us along the way with advice and useful tips that has helped lessen the stress. We have complete confidence in her and would not hesitate to recommend her to our friends and family”. - Peter Dawes, Cater Dawes Financial Planning "
"Prompt, helpful, polite and very professional service"
"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."
"I would like to say thank you for your help, support and guidance over the last two and a half years. Obviously should I need further assistance in the future I shall not hesitate to call you guys."
"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"
"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."
- Ros Jones
"Approachable, very efficient, always willing to take my calls and update me."
"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"
"We found Rachel Dawson outstanding, polite, professional and caring."