The CM Interview: Senior Traffic Commissioner Philip Brown

Brown, who went to school in Portsmouth, obtained his law degree at what is now the University of the West of England in Bristol, and then practised as a solicitor for several years.

He was appointed a Deputy TC in the Eastern Traffic Area in August 1990, a position he held for nearly 10 years until he was appointed full-time TC for the Western Traffic Area in 2000.

Brown took up his additional appointment as Senior TC for Great Britain in March 2003 and transferred to the South Eastern and Metropolitan Traffic Area in May 2007.

In November 2008 he successfully applied for the post of the first Statutory Senior TC and began his new role in March 2009.

While working at the University of Cambridge, Brown played a leading role in the development of accredited training programmes for professional bodies. He also contributes to the provision of training programmes for the Tribunals' Committee of the Judicial Studies Board.

In recent months it seems the TCs have been taking an increasingly dim view of O-licence applications from so-called phoenix companies.

Last month, Western Area TC Sarah Bell warned that she was having a "close look" at the past record of directors of collapsed haulage firms that had moved assets to another legal entity with a similar name.

Under powers obtained when he became the first Statutory Senior TC last March, Philip Brown is currently drawing up a set of guidelines for the other commissioners. General directions and guidance will be developed on how the TCs should deal with a range of issues, including phoenix companies. A full public consultation will take place before any of these directions and guidance are implemented and Brown tells CM the consultation could take place in a few months' time: "In my statutory role, the directions I can now give cover administrative matters such as how to apply for an operator's licence, guidance covers judicial matters such as how to interpret legislation."

Clear understanding

He explains: "The aim is to provide greater clarity as to how TCs may approach such cases. It is important in the interests of road safety, public protection and fair competition for TCs to be vigilant to prevent revoked and disqualified operators, or other people who do not have the necessary repute, finance or professional competence, from operating goods vehicles."

Brown says that although every O-licence application has to be considered "on its own merits" , the TCs will always fully investigate the facts so that revoked operators cannot use the device of setting up a new business entity, then hide in the background behind friends and family.

"Any would-be operator who is tempted to try to mislead a TC should remember that scrutiny of who holds a licence does not end at the application stage, it continues for as long as the licence is held and operators can be called to account, should evidence of a phoenix operation be placed before the TC," he adds.

For Brown, the preservation of the openness of the hearing process and allowing individual commissioners to develop areas of specialist knowledge are important.

He also wants administrative functions to be "more consistent" across the UK traffic areas, as well as a more efficient O-licensing system generally.

If a TC were out of the office, he would like to see case submissions always available to be accessed electronically and dealt with by their deputies if necessary.

He says: "Over the past year, we have made improvements to the way we operate, for example ensuring more paperwork is sent electronically to help speed up process and save money.

"We are also working towards a situation where those involved in public inquiries receive documentation in a similar form across the country. It's all about moving in the same direction and having a template for the way we operate."

Protection from cuts

Brown also thinks the O-licensing system should remain unscathed from harsh public sector spending cuts widely forecast to take place over the coming years.

He says: "We appreciate that budgets are tight and there may be a squeeze on public expenditure, however, the industry pays for us, not the taxpayer, which is a good thing. I've assumed responsibility for ensuring that we are properly resourced to enable the TCs to deal with the core workload."

However, although Brown has held his Statutory Senior TC title for over a year, he admits it is difficult to predict how the role will develop in the future

"A lot has been achieved in the past year," he says. "However, I want to continue to be an ambassador for the other TCs and promote our work to the outside world, by supporting industry events and attending launches of industry initiatives. The service has improved beyond measure and is in good shape to meet the challenges that lie ahead."

As the TC overseeing the South Eastern and Metropolitan Traffic Areas, a key part of Brown's job over the next two years will be to ensure goods are transported smoothly to and from the London 2012 Olympic sites by commercial vehicles.

Last year he met representatives from the Olympic Delivery Authority to discuss in detail the transport strategy that will support the games in the capital. Brown will hold further meetings with officials this year to make sure preparations on the road transport side are progressing smoothly.

He says: "This event is going to require huge movements of supplies, equipment and people. VOSA will be looking at contractors and operators, making sure what is done is legal."