Road haulage lawyers and operators licence application? Has your truck or load been seized by the UK authorities? Securing the return of your vehicle or load will involve complex legal wrangling. Strict time limits apply and, if the truck isn’t recovered, the authorities can legally sell or destroy the vehicle. At Smith Bowyer Clarke, our transport lawyers specialise in reclaiming vehicles and loads seized and impounded by the UK Border Force, HMRC, Police and DVSA. You can find some of our recent vehicle and load recovery cases here. The procedure for reclaiming a seized vehicle or load will depend on the reasons for the seizure and which UK enforcement agency seized your vehicle.
An Appeal to the County Court. This consists of a court hearing at which the Judge will consider all of the evidence including whether the penalty should have been imposed at all and, if so, whether it was too high. Both routes may be followed independently, or at the same time, and if a Notice of Objection fails you can still appeal to the County Court. Be warned however – strict time limits apply to the appeal process. At Smith Bowyer Clarke, our road transport lawyers regularly conduct appeals both through the review process and in the County Court and have an impressive track record of cancelled or reduced penalties.
Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.Road Transport Lawyers for HGV and PSV Operators and Drivers in the UK and around Europe. Does your company provide vehicles for employees to use as part of their employment? You may not realise it but the company could be liable for prosecution, in addition to the driver, if the vehicles are used in circumstances where motoring offences are committed. See even more information at traffic commissioner public inquiry.
The DVSA don’t waste much of their time visiting compliant operators so it is almost certainly to do with something that you, or your employees/agents, have done or have failed to do. The triggers are legion, but common ones are where your vehicles are stopped and mechanical defects are found; or the vehicle is overloaded; or there are drivers’ hours infringements discovered…. and so on. Alternatively it could be that the visit has been requested by the Traffic Commissioner as a result of a requested variation you have submitted. It might even be that your MOT failure rate is higher than the national average, which always sets alarm bells ringing.
Types of Tachograph Offences: The rules on tachographs are very strict. Below are some of the most common tachograph offences. Driving without a Driver’s card: Driving without a driver’s card in is a serious matter. The law draws a distinction between drivers who knowingly drive without their card in, and those who do so by accident. The former cases can carry up to two years in prison. This offence often arises when drivers pull their cards in an effort to hide the fact that they are exceeding their drivers’ hours. The DVSA / VOSA will want to investigate why this happened, and how far the vehicle travelled without a card in. They will also want to know whether any pressure was placed on a driver to pull their card. Discover extra information at Transport Solicitors.
