Elizabeth Caple Solicitor

Balancing road safety requirements with your commercial needs.

Welcome to Elizabeth Caple Solicitor, specialist in Commercial Road Transport Law.

Operator Licence Applications (Business Growth Support)

A section of the Driving License form with a pen 

As your business grows or changes so too will your Operator Licence requirements. Often commercially critical situations or opportunities may appear requiring immediate or prompt amendment to your Licences to ensure you can run the fleet you require. As business Groups develop and grow, the positioning of Operator Licences within the Group will need re-assessment, perhaps to allow for subsidiary companies to also have permitted use of the licence. 

Applying for a new or amending an existing licence is by no means a straight forward task and there are many pitfalls and hurdles involved. Effective legal advice can make your licences really work for your business and prepare you for the in depth scrutinisation of the Office of the Traffic Commissioner. Poorly prepared or short sighted licence applications can regularly result in Traffic Commissioner hearings and even penalty action where areas of previous non compliance in your business are identified.

We offer prompt (often emergency) and effective legal support and representation to:

  • Assess the merit of any required licence application
  • Advise on any required improvements to meet the requirements before applying
  • Assess the best method and type of application for what your business requires
  • Draft, submit and follow through the application to grant and ongoing communication with OTC
  • Look at re-structuring how your company Group may hold or place its Operator Licences to allow for subsidiary company use if required
  • Assess and deal with Financial Standing requirements and offer remedial proposals if required.

It is imperative that the application is well prepared and well presented. The success of your business could depend on it. 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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