If the action is not likely to involve suspension, curtailment or revocation, the STL can proceed to consider whether the case falls within the following criteria: The failings of the operator are specific to one area, such as brake failures or small extensions of PMI frequencies. First, to ensure that the algorithm is used as per the function and objectives stated in Principle 1. They therefore exercise their discretion with regard to the principle of proportionality as enshrined in British, European and human rights law (Human Rights Act 1998). (b) notwithstanding section 14(4) of the 1981 Act, no PSV operator’s licence may be granted to him. Paragraph 2 of Schedule 4 of the Goods Vehicles (Licensing of Operators) Regulations 1995 provides the following: The traffic commissioner may direct that the whole or any part of an inquiry be held in private if he is satisfied that by reason of: (a) the likelihood of disclosure of intimate personal or financial circumstances; (b) the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or. In certain cases, it may be appropriate to separately consider the position of a company holding a licence from that of its director(s) and/or officers. 1 . On findings that an operator has failed to meet the standards required it is proportionate for a traffic commissioner to refuse a variation application until such time as the traffic commissioner can be satisfied that everything is functioning properly and to request further checks on any assurances given at public inquiry (see 2003/287 Malco Freight Ltd). There is no requirement to point out that an operator or applicant has failed to supply material as requested. On the other hand, it does not follow that a traffic commissioner is prevented from taking into account, where appropriate, some considerations of a disciplinary nature and doing so in particular for the purpose of deterring the operator or other persons from failing to carry out their responsibilities under the legislation. Section 28 of the Transport Act 1985 provides for the disqualification of a person from holding an operator’s licence and for that disqualification to be varied or cancelled on application to the traffic commissioner. It might be self evident that financial consequences will follow from a direction. Before discussion about these two in detail, I’d like to talk a little about Decision Making and Some of its types. Consequently, traffic commissioners will have to balance the current guidance from the Upper Tribunal and the effect of Article 6 of Regulation (EC) 1071/2009. Any such finding shall be duly reasoned and justified. However the significance of a formal warning is that if it is ignored it will become one of the factors to be taken into account at a future public inquiry should there be one. > Evidence of effective driver daily walk round check training & driver defect reporting system. 3 - The number of infringements per driver per year is an average figure calculated by dividing the total number of all infringements of the same level of seriousness (SI or VSI) by the average number of drivers employed during the year. Therefore, corporate decision making process is the most critical process in any organization. or the transport manager does not meet the requirements of section 13A(3): (c) is not prohibited from being appointed as a transport manager. Test. (b) where that person operated vehicles under the licence in partnership with other persons, in relation to any of those other persons; and any reference in this section or in section 26 or 29 to subsection (1) or (4) above includes a reference to that subsection as it applies by virtue of this subsection. Holders of all standard licences are required to be professionally competent and this may be the licence holder or the licence holder may employ a transport manager who can demonstrate that he or she meets the professional competence requirement (see Statutory Guidance and Statutory Directions on Transport Managers). It does not deal with when a matter might be called to a hearing. In more borderline cases where a public inquiry looks to be required, a traffic commissioner may decide to call an operator to a preliminary hearing in order to determine whether that public inquiry is necessary and therefore whether the matter can be dealt with by another method. 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