Traffic Commissioner Hearing | How Expert Legal Representation Helped Our Client Keep Their LGV & PCV Licence
Following an unfortunate incident in which a coach driven by our client collided with the underside of a railway bridge, he was subsequently required to attend a Hearing before the Traffic Commissioner to determine his ongoing fitness to operate as a vocational driver.
Mohammed Ahmed of KANGS outlines the circumstances and the events that led to the highly satisfactory outcome for our client.
The Circumstances
Our client is a vocational coach driver involved in the regular transportation of children with intricate cognitive needs. During one journey, he encountered an unexpected route diversion which resulted in him having to negotiate a road with which he was unfamiliar and which necessitated travelling under a series of railway bridges.
Unfortunately, despite our client exercising extreme caution, the roof of his coach came into contact with one of the bridges whereupon he immediately brought the coach to a standstill.
He informed his Transport Manager and the children were safely relocated. Network Rail and the Police confirmed that there was neither damage to infrastructure nor disruption to services.
Fifteen months after the incident, our client received a letter from the Office of the Traffic Commissioner stating that the Secretary of State had referred the incident to the Traffic Commissioner, who required him to attend a formal hearing to determine his fitness to hold licences to drive Large Goods Vehicles (LGV) and Passenger Carrying Vehicles (PCV).
How We Assisted Our Client
In preparation for our client’s attendance before the Hearing, the team at KANGS initially attended our client discussing:
- the nature of the transportation services he undertook and the vehicles he drove,
- having regard to the intricate cognitive needs of his normal passengers, the level of special care to be undertaken when driving to maintain their comfort and confidence in him,
- how he misread the height of the bridge thereby resulting in the collision,
- the manner in which he would be disadvantaged should his licence be withdrawn or revoked in any fashion.
Having examined all pertinent documentation which had been served and additional details which we had requested, we advised our client upon his position and the appropriate manner in which to present his case at the Hearing.
Thereafter, we identified and instructed appropriate Counsel to represent our client at the Hearing, collated and submitted to the Traffic Commissioner a Defence Bundle of documents relied upon and attended our client at various meetings.
The Hearing | Traffic Commissioner Public Inquiry
During the course of the Hearing, Counsel representing our client submitted, amongst other representations made on his behalf, the following by way of mitigation that:
- the signage on the bridge was obscured by vegetation which was the subject of concern to Wolverhampton City Council,
- the nature of the collision was so slight that none of the children on the bus were adversely affected in any way. Indeed, their parents had expressed greater concern for the welfare of our client,
- the impact of the collision was so minor that no damage resulted to the bridge and the coach only sustained cosmetic scratches,
- our client promptly notified the Office of the Traffic Commissioner following the incident,
- our client had made himself available for subsequent informal refresher education relating to Network Rail’s Bridge Strike Prevention policy.
- advanced navigation technology been provided to assist the negotiation of hazards such as low bridges,
- internal policies had been revised to ensure that drivers contact their controlling office for directions in the event they came across traffic diversions.
Counsel also emphasised that this collision was our client’s first such encounter and that, as he had recently purchased a new home a harsh suspension would render his new financial obligations burdensome.
The Very Favourable Outcome
Having carefully considered all the carefully prepared and presented mitigation on behalf of our client, the Traffic Commissioner imposed a nominal suspension of our client’s licence for a period of eight weeks.
Our client was, naturally, absolutely delighted for this very favourable conclusion which had been achieved by the team at KANGS.
How Can We Help You?
Any concerns raised by the Office of the Traffic Commissioner, whether through a ‘calling in letter’ or otherwise should be treated with urgency, given the potentially serious consequences which would arise from disqualification or operational restrictions. Therefore, it is essential to seek prompt and experienced legal advice should such possibility arise.
The team at KANGS has an established reputation for successfully supporting clients who face challenges with the Traffic Commissioner. Our experience has been developed over many years advising and guiding clients involved in road traffic incidents of every nature, from speeding offences to prosecutions for the most serious driving offences.
Should you need advice or guidance, contact us using the details below and schedule a consultation with one of our experienced solicitors. We are here to support you every step of the way.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
Top ranked by leading legal directories Chambers UK and the Legal 500.
