Case study: Is your O-Licence in the correct name?

28 February 2024

James Backhouse, with the assistance of Amy Smith, recently dealt with a Public Inquiry which was called following an adverse maintenance investigation visit report (“MIVR”) which was conducted in the Summer of 2023.  The MIVR was one of the worst that we have seen, particularly as the majority of the sections were either assessed as “unsatisfactory” or “Report to OTC”.  Following our instruction, we worked with the Operator together with their Consultant to overhaul the systems and processes and to demonstrate a fair level of compliance before we got to the hearing.  This involved putting together a comprehensive submissions report for the Traffic Commissioner to detail the number of changes that had been made.

During our instruction, however, it became apparent that there was a clear entity issue – the business was operating as a sole trader despite the Operator Licence being in the name of a Partnership, which had been the case for many years and is something that we typically see for family operations.  To rectify this issue, a new Operator Licence application was to be made for a new Licence in the correct entity.  This was of course something that the Traffic Commissioner picked up on at the Inquiry but we were allowed the time for the new application to be made.  In the end, and despite the initial bleak position following receipt of the MIVR, the Traffic Commissioner agreed that there had been a vast improvement in the maintenance regime and the overall compliance of the operation as a result of the team work between the Operator, the Consultant and James/Amy.  Whilst the Traffic Commissioner felt that a marker against the Licence was required, this was not commercially detrimental to the operation and the Traffic Commissioner agreed that an audit later on in the year would provide an update on the compliance picture which, with the continual efforts of the Consultant, a new Transport Manager and the Backhouse Jones Regulatory Team, this should provide the positive update that the Traffic Commissioner seeks.

If you are unsure about the operating entity on your Licence, have had a visit from the DVSA or even if the dreaded call to a Public Inquiry has arrived then please do feel free to contact our Regulatory Team here who have your BACK.