Click on any of the links below to gain a greater understanding of some areas of the work I specialise in. 

• Representation of lorry and bus operators at Traffic Commissioner Public Inquiries
• Regulatory and Compliance advice to Transport Operators
• Management of Client's Operator Licences and ongoing assessment of their licence needs
• Problems with DVSA
• Corporate Manslaughter and Directors Liability Health Check
• Transport related advice to other Solicitors and other Professionals

Regularly appearing as the legal advocate at Public Inquiries, representing HGV and Bus operators on disciplinary matters or on contested applications for new or varied licences. The potential effects of penalty action or not obtaining the desired Licence for the client can be commercially devastating and I have to bear this in mind at all times.

Case Studies

A Representing a road haulage business at a disciplinary public inquiry, following significant and repeated breaches of Drivers Hours Regulations. Faced with potential revocation of the Client’s Operator Licence due to the nature of the infringements. In the run up to the Inquiry I advised on and implemented systems to deal with effective Transport and Driver Management, Supervision and Training of key personnel and ongoing Quality Assurance Measures. Drafting and presenting detailed written representations and proposals on behalf of my client. OUTCOME successful in that Licence retained, client's proposals were accepted by the Commissioner and the logistics chain was unaffected.

B Representing a plant haulage company following an incident relating to the loss of a wheel from one of its lorries. Dealing with media attention and TV cameras in and outside the Public Inquiry courtroom. Having to address allegations of sub standard maintenance across the whole fleet with significant quantities of written evidence. Working with a client under significant commercial pressures and as the Advocate having to “think quickly on my feet”. Putting forward to the Traffic Commissioner a “package” of remedial compliance measures. OUTCOME Licence allowed to continue and assisting in achieving a finding of no fault in respect of the cause of the accident.

C Representing a Bus Operator faced with allegations of poor driver management and defective vehicles. The client faced loss of a number of significant school bus routes if the operator licence was lost. Significant mitigation and assurances put forward at the Inquiry and negotiating an agreed fleet curtailment during a school holiday period when commercial demands were low. Having to organise and direct the evidence to ensure that not only the Traffic Commissioner but also the Local Authority were satisfied that the Client was still “Reputable” and competent to operate school buses.

D Representing a food and beverages business called to an Inquiry on failure to notify appointment of  new directors and other business changes, causing doubt in the Commissioner's mind as to whether the Operator was still reputable to hold an Operator Licence. In preparation I fully scrutinized commercial roles and compliance systems within the business and implemented immediate steps to boost the repute of the business to the satisfaction of the Commissioner. OUTCOME Licence was allowed to continue with certain Undertakings attached to the Licence

E. Representing a chemical engineering and road tanker business called to Inquiry following an earlier asset acquisition where it was wrongly assumed that an existing Operator Licence would transfer from the Seller to the Buyer. Acting quickly to set up a system of cross invoicing and sub contracting to legalise transport operation leading up to the Inquiry and drafting and submitting an emergency new Licence application. OUTCOME Steps taken to rectify the previous illegal situation and to boost the repute of the client were applauded by the Commissioner and a new Licence was granted during the inquiry.

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Attending in house on lorry and bus operators , auditing and advising on systems required to keep within the law. Paying particular attention to the Operator Licence requirements, the risks associated Corporate Manslaughter legislation and the disciplinary powers of the Traffic Commissioner. Providing one-to-one and group training to managers and drivers on compliance issues.  Attending on clients at differing intervals during the year and assisting with their Licence requirement to have ongoing quality assurance measures in place.

My ultimate aim is to implement systems so as to ensure any client of mine would perform well if ever investigated by DVSA or scrutinized by the Office of the Traffic Commissioner. My regular contact with Traffic Commissioners and DVSA Enforcement Officers as a legal Advocate enables me to directly advise my clients on current issues and industry expectations.

Case Studies

A Working with a large construction company on a monthly basis, setting up and overseeing systems and personnel to ensure the transport operation is managed in accordance with the law. Paying particular attention to driver management and supervision. Auditing essential and compulsory records, providing training and frequent drafting of written memos to transport staff. Liaising with vehicle maintainers and tachograph analysation bureaus to ensure all key elements of road worthiness and driver management are being dealt with.

B Working periodically in house with a media and entertainment company. Advising Directors who have no previous transport expertise, auditing systems and advising in good time on amendments to the Licence / fleet to meet the customer operational demands. Keeping the management of the fleet as “simple” and as” cost effective” as possible for a client with little spare time and transport knowledge.

C. Setting up clear lines of communication with numerous transport clients to ensure the individual Directors can discharge their duty in law to "continually oversees the transport operation". Providing in-house and tailor made training on Operator Licence Compliance to Directors and Senior Management and drafting monthly Key Performance Indicators on transport compliance which are then fed to and reported on by the Board. Making essential legal requirements for busy Directors as simplistic as possible.

D. Attending as a speaker for individual clients  on certain areas of Operator Licence Compliance. Recently addressing a room full of transport and depot managers for a large Operator on "Traffic Commissioners Hot Topics" aimed at keeping the client as up to date as possible with legal requirements and trends. 

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Applying for a new operator licence or amending an existing licence is by no means a straight forward task. It is imperative that the application is well prepared and well presented. The success of your business could depend on it. There are many pitfalls and hurdles involved in making licence applications and I can ensure that your business is well prepared for these. Time is often a key factor for clients and a properly thought out application from the outset makes a considerable difference. 

Receiving instructions from Lorry and Bus Operators to submit new and variation applications for Operator Licences. Addressing complex issues such as financial standing and repute in the form of written representations to The Traffic Commissioners office and responding to the commercial demands of clients for early interim licences. Often having to “prepare” and “restructure” a Company to ensure it is suitable and reputable to obtain an Operator Licence.

Case Studies

A Advising a client who came to me with a previous revocation of a licence by the Traffic Commissioner. The Client was in desperate commercial need for a new licence to support its road works and utilities business in the Bristol area. Having to advise on the removal of a previous non-compliant director, re-training of senior staff, and restructuring finances and the management structure relating to transport. Submitting an application for a new licence supported by written representations containing a detailed company personnel structure. Attempting to deal head on with any concerns that I felt the Traffic Commissioner may have with this previously non-compliant Company. Achieving an interim licence and a full licence thereafter at a Public Inquiry.

B. Making an urgent application for a civil engineering client in desperate need of an additional operating centre close to a new works site. Commercially this application was crucial and extremely time sensitive. Preparing a very through and well prepared variation application and working closely with the Office of the Traffic Commissioner to gain parking authorisation in time.

C. Supporting a client through an application to vary the Operator Licence to add a significant number of additional vehicles and trailers. Taking time to prepare the application by performing a thorough health check of the Client's compliance systems and compliance scores to ensure that it would withstand the in-depth scrutiny of the Office of the Traffic Commissioner. Submitting a detailed variation form supported by detailed written representations, evidence of training of key staff and drivers and vital compliance results to help prove from the outset that the Operator could cope with the increased fleet size as sought. The aim was to provide OTC with as much information as possible so as to assist it in granting the application as straight forwardly and as quickly as possible. OUTCOME: Interim application granted as sought followed by full Licence increase.

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Since 2013 there have been a number of successful prosecutions of companies and individual directors following death caused by internal systematic failures. These prosecutions have far reaching affects on the road transport industry as highlighted in the recent Bristol Crown Court case relating to the Bath tipper disaster where 4 members of the public lost their lives. What is now clear is that key individuals will face lengthy prison sentences where they have failed to oversee vital systems and procedures within their organisations.

A number of years ago I developed my own "Corporate Manslaughter Health Check" product designed specifically for lorry and bus operators aimed at fully scrutinising the effectiveness of internal transport compliance systems and thereafter advising on and implementing key improvement measures. The product is designed to give a business and its directors peace of mind that sufficient systems are in place and to give vital and simplistic tools to senior employees and directors to enable them to regularly mange and supervise the performance of these systems. My ultimate aim is promote efficiency and effectiveness but also to seek to protect the individual backs of the directors I am advising.

UK Law requires directors, no matter how large the company, to play an active role in monitoring the compliance of the transport operation as opposed to simply delegating this to Transport Managers. This Health Check product overcomes this issue, to ensure individual directors have key compliance performance information at their finger tips.

The price of the "Corporate Manslaughter Health Check" is tailor made to the size of the transport operation , offered normally on a fixed fee basis to include a detailed Report also. I will spend time in the business speaking with key transport staff and looking at relevant driver and vehicle paperwork as a starting point.

Case Studies

A. Working with a large plant and crane hire client in the South West carrying out a "Health check" with the very clear instruction from the client directors that they wanted the transport compliance systems to be scrutinised and improved to the required standard so that they could go to sleep at night confident that they were doing their best in law to discharge their responsibilities and that as far as possible their operation was not a danger to the public. Spending time in-house assessing the human resources structure as well as the paper systems in place and advising on a set of very achievable rehabilitation measures which I deemed would be acceptable in law. . Thereafter attending periodically to audit to be an "external set of eyes and ears" for the directors, resulting in them also being able to show that they had a system for external quality assurance of their transport operation.

B. Health checking a construction client and identifying that the methods used to test and thereafter record vital vehicle and trailer brake tests were wholly unsatisfactory. The position hugely exposed the company and directors to risk and questioned the safety of the vehicles in use. Implementing an immediate system to re-train in house mechanics and external workshops on the correct procedure and setting up and forward planning a clear plan for effective testing of the brakes utilising internal and external resources. Also recommending improvements to the out of date vehicle inspection and defect reporting sheets in use. 

C. Following a "Health check" of a large foodstuffs client, identifying that the senior directors played too little a role on a day to day basis in actually monitoring the road transport compliance. Acknowledging that these key individuals were very commercially placed and setting up a simplistic set of internal systems to enable them to receive key operational transport compliance information and to attend specific transport meetings on a regular basis. Educating very busy directors that despite their own commercial expertise that they were nether the less "transport people" too and had to have a very specific involvement. 

D. Health checking a media and entertainment client with a large fleet of lorries also faced with the recent retirement of its long-standing transport manager. Implementing a programme to bring systems and paperwork up to the modern day standard as required in law. Attending Board meetings to ensure that directors could prove that road transport compliance was sufficiently considered and recorded by them. Advising on a change to the current in-house human resources structure. Creating an environment where certain directors thereafter played a very active role in directly managing their new transport managers.

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Advising and assisting clients when disputes or problems occur with DVSA. Attending DVSA interviews with clients or preparing detailed responses to letters from DVSA or the Office of the Traffic Commissioner, when shortcomings are alleged by them. I maintain a good working relationship with DVSA and the Office of the Traffic Commissioner and this has frequently assisted in resolving matters and disputes.

Case Studies

A Attending an interview with a DVSA enforcement officer at the premises of a lorry operator in Gloucestershire faced with a large number of drivers hours infringements. Working closely with the client to put forward to DVSA a package of remedial action to include drivers hours training and closer and more effective analysation of the tachographs in the future. DVSA were reassured by the measures put in place and delayed prosecution pending a further follow up visit which was satisfactory. Client was fortunate not to face criminal prosecution and learnt a fast lesson on the need to properly manage its driving hours.

B Responding on a bus operators behalf to a letter from DVSA requiring an explanation and assurances following a number of serious prohibitions attracted at the roadside. Working with the client at short notice to identify the possible cause of the pattern of defects and putting together a detailed written response to DVSA setting out how the issues had been dealt with and how they would be monitored in the future to prevent any reoccurrence.

C. Working with a client who had received notification of a pending routine DVSA visit to inspect its maintenance and drivers hours systems. Spending time scrutinizing and improving the systems and ensuring that the client's paperwork was well organized for the day of the DVSA Inspection. I attended the Inspection and was able to respond on the Operator's behalf regarding its array of systems and providing sufficient reassurance to the Enforcement Officers that the Operator Licences were being met. The positive DVSA Report received as a result of this satisfaction inspection was later used as evidence by the Operator to support an application by to increase fleet size

D. Working closely with DVSA in the Midlands over concerns it had as to the suitability of a proposed operating centre. Getting with DVSA and advising on, with other experts, on the formalized of a project of works at the proposed site entrance to specifically overcome the road safety concerns of DVSA. Working closely with OTC also to obtain an acceptance of the proposed site as an operating centre for my Client. The completed works also resulted in a successful application on behalf of my client to remove some historic restrictions at the site which if still in place would have made commercial effeciency tricky.

E. Assisting and representing Operators, and often their drivers, in the Magistrates Courts on offences normally relating to use of lorries or buses e.g. drivers hours and overloading offences. Doing all my own advocacy which is often very assisting to the Magistrates as my Operator licensing expertise is very useful in taking them through the individual offences and then focusing on the most effective form of mitigation for my client. Instigating a focused set of rehabilitation measures for my Client to present them in the best light once any convictions are then firmly notified to the Office of the Traffic Commissioner

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Receiving instructions from other professionals, including Solicitors, Accountants and Insolvency Practitioners, to provide road transport expertise to their existing Client's on a range of operator licensing matters as they arise, to include instances of company acquisition or asset buy out, liquidation and insolvency and representation in front of the Traffic Commissioner. This is an area of my Practice which has really grown and enables other Firms/Professionals to utilize my expertise as and when required. I am able to provide urgent advice at very short notice and am very used to working with tight deadlines. I work very flexible hours to accommodate the urgent need of the Operator and frequently work remotely or attend in person on the Operator. 

The commercial need for my advice has often arisen during an asset buy out or acquisition where it is essential to the Operator that it is able to use vehicles on the day of completion but often the regulatory requirements of operator licensing have been over looked. Operator licenses are not transferable from one entity to another and without proper advice an Operator can find itself without the legal right to operate its own vehicles. Even where a valid Operator Licence  is in place for an existing company, prior to completion, numerous due diligence checks should be made to ensure the Licence is "suitable" for the client and that it is currently being used within the law. After completion certain regulatory matters need taking care of with the Traffic Commissioner also.

I have represented a large number of  Operators faced with regulatory action at a  Public Inquiry following the completion of a commercial acquisition which has resulted in illegal vehicle operation due to incorrect Licences being used.  Asset acquisition from a liquidated company also needs careful consideration so does the way IP's manage an Operator Licence under their control. Strict laws are in place to regulate the use of Operator Licences by entities and other Group companies and to ensure for fair competition The road transportation needs of the Company are often crucial to its commercial viability but the stringent Operator Licensing Regulations can make it a minefield for uniformed Operators. 

Case Studies

A Working with a firm of Solicitors  managing the purchase of assets of  large liquidated Waste Company in the South East area. The Company entity was to change on sale and the Insolvency Practitioners and Solicitors had “presumed” that the previous Operator Licence held by the Company in liquidation, for operation of a fleet of lorries, could simply be transferred to the Buyer. Advising that a new Operator Licence had to be sought, seeking to avoid illegal operation of vehicles by the Buyer in the interim period. The precarious commercial situation jeopardised the deal and the ongoing employment of 60 staff. Having to respond quickly and working closely with the Traffic Commissioners office to achieve a fast commercial resolution and new Licence in time. Also advising on contingency measures if required.

B Advising a London firm of Solicitors late on during the acquisition of a Bus Company for a client with prominent passenger routes. One week before completion it was recognised that no new Operator Licence had been obtained to allow the new company to run its fleet of buses. Without this licence there was no viable business. Working closely with the Partner and the client to set up a sub-contacting and “cross hire” arrangement using existing licences from other “sister” companies to ensure that vehicle operation could occur while a new Licence was applied for. Working closely with the Traffic Commissioners office to push the application through as quickly as possible and ensuring that there was also a genuine and tangible “paper trail” in place so that the subcontracting arrangement would stack up in law.

C. Advising a number of Company/Commercial Teams in firms of Solicitors on the proper inclusion in their standard "due diligence questions" of enquiries relating to the possible use of hgv's or buses and the existence of Operator or PSV Licence. Supporting the commercial teams through the due diligence process and advising on subsequent disc lure to ensure the correct legal authority will be in place for the Client on completion. On a number occasions discovering that incorrect Operator Licences were in place ,were being used unlawfully by other Group entities or did not provide the client with the required commercial opportunity. Acting swiftly to seek a commercial resolution and often unearthing issues would have otherwise potentially resulted in the Client business operating illegally on completion.

D. Advising a Firm of Solicitors involved in the acquisition of the entire shareholding of an existing entity for a client. Scrutinising the existing Operator Licence to see if it was being used correctly in Law by the Seller and that it would serve its desired purpose for the Buyer on completion. Unearthing a number of issues for the Buying Client which had to be resolved prior to completion. Also examining the "repute" of proposed new directors for the Buyer to ensure they would be deemed "suitable" to hold the Licence by the Traffic Commissioner and having to advise on a number of Board changes due to my concerns. Looking at the stipulations used by Traffic Commissioners particularly relating to directors existing commitments, previous Operator Licence history and criminal convictions.

F. Advising an Insolvency Team in a Firm of Solicitors acting for the IP. Seeking to sell the assets on to a new buyer as a matter of urgency but faced with numerous regulatory constraints relating to the Operator Licence held by the company in Liquidation. Advising the IP on its regulatory requirements in terms of trying to keep the business alive prior to sale and trying to seek  a resolution as to how the business could be taken on by a new owner.

G. Advising a firm of Solicitors with an international client seeking to change its UK company group structure but requiring advice on the impact this would have on its existing UK Goods Vehicle Operator Licences. Advising on a different approach than initially considered so as to place the Licences in one prominent entity so as to take full advantage of UK Licensing Regulations permitting use of one Licence by numerous entities in certain circumstances. The new format also allowed for better "control" of the Operator Licences going forward. Overseeing the entire Licensing process to ensure all was in place by the time of completion.

E. Receiving instructions from a firm of Accountants with a large family run client seeking to incorporate its partnership business and requiring advice on the impact on the existing Operator Licence. Looking at future road transportation need and making a new application for a Licence for the new entity. Working with very tight time limits to ensure ll was in place for the desire date of incorporation.

F. Providing initial advice and opinion to a firm of Solicitors defending a professional indemnity claim where it was alleged that insufficient enquiries had been made during a commercial acquisition process of the Operator Licence and and legal restrictions at an intended operating centre.   

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