The Traffic Commissioner for the South Eastern and Metropolitan Traffic Area, Sarah Bell, revoked the operator’s licence held by SJ Europe Limited and disqualified its Transport Manager, Mr Harwinder Singh Atwal, from acting as a Transport Manager on any operator’s licence in Great Britain.
An application by SJ Europe Limited to surrender its operator’s licence was refused. The Traffic Commissioner determined that the request was made at a point when regulatory action was already under consideration and found it more likely than not that the application was an attempt to circumvent the operator licensing regime.
The licence had been granted in August 2024, subject to a number of undertakings, including the completion of Transport Manager refresher training and an audit. Although the refresher training was completed, the subsequent audit identified serious and widespread compliance failures.
Both the operator and the Transport Manager demonstrated only a basic understanding of regulatory requirements, giving rise to significant concerns regarding road safety and the effective management of the operator’s licence.
Despite being required to do so, the operator failed to submit improvement proposals within the prescribed timescales. The matter progressed to a Preliminary Hearing and subsequently to a Public Inquiry. During this period, Mr Atwal disengaged from the regulatory process, failed to comply with case management directions and sought to surrender the licence rather than attend the Public Inquiry.
The Traffic Commissioner emphasised that the operator licensing regime is founded on trust and transparency. The operator’s failure to engage with the regulatory process, produce records, or provide financial evidence prevented any meaningful assessment of ongoing compliance or financial standing.
The decision records that such non-engagement is an aggravating feature, particularly where undertakings were provided to secure the grant of a licence and were breached shortly thereafter.
This case is a reminder of the need for operators to engage with the authorities and address their failings promptly. Had they done so, this operator would have avoided being called to Public Inquiry and may not have lost their licence. It also highlights the fact that operators can’t hide from regulatory action by attempting to surrender their licence.
There are always several warning signs before the Traffic Commissioner’s call-up letter arrives and if prompt, professional advice is sought and followed, a Public Inquiry can often be avoided. However, the later that help is sought, the harder it is to prevent a public inquiry.
Our specialist team can support you with compliance awareness so that you do not get caught out by changes. Contact Jared Dunbar today for help.