Key in this area is The Road Transport Operator Regulations 2011. These impose stringent requirements upon business in the sector, and understanding how they work is vital. Failure to adhere to the Regulations can place licences in jeopardy.
The Regulations, which gave effect to EU legislation passed in 2009, create obligations both for the company as a whole and for its designated transport manager.
Companies must be ‘effective and stable’ and have ‘good repute.’ They must also be ‘professionally competent’ and have the necessary financial standing. transport managers are similarly required to have professional competence and be of good repute.
Our Regulatory Team can advise as to the application of the Regulations, as well as offering advice and representation if things go awry.
Where the competence of a company or its transport manager (or indeed both) are called into question, a Public Enquiry will be convened. Such enquiries are usually chaired by a Deputy Transport Commissioner (DTC), and involve live evidence being called before the DTC makes its determinations.
The findings which can be made include the loss of good repute, loss of financial standing and crucially, the revocation of licences.
Importantly, companies and staff are entitled to legal representation at public enquiries. Our service includes full assistance with preparation- this includes drafting witness evidence and instructing experts as required. When it comes to the Enquiry itself, we can ably present your case. If appropriate, we have access to eminent barristers, including Queens Counsel, to assist in this respect.
We can discuss funding options and fees at the outset, and will ensure that you are in the picture as to costs and progress at all times.
If you have an enquiry relating to the Regulations or Public Enquiries, please contact Ison Harrison.