Road haulage lawyers and traffic commissioner public inquiry? The Traffic Commissioner will take an active role in asking questions and challenging your evidence, before making a decision on whether the vehicle should be returned. Again, Smith Bowyer Clarke has a wide experience of successfully securing the release of seized trucks at Traffic Commissioner hearings. Our record is exceptional. Speak to one of our transport lawyers today for a free initial consultation. The UK authorities can seize any EU owned truck suspected of unlawful cabotage operations in the UK. Even if the vehicle was inside the “3 in 7” rule the truck can still be seized if its paperwork is not in order.
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. The road transport industry is one of the most heavily regulated in Europe, and can often appear confusing. That’s why you need a law firm that knows the industry inside out. Many of our lawyers are CPC accredited Transport Managers, and have an insight into the practicalities of running a compliant road transport business. Smith Bowyer Clarke are firmly on the side of the Operator and Driver – We do not prosecute for the CPS or the DVSA. Find more info at traffic commissioner public inquiry.
What Happens When The DVSA Visit? The DVSA will attend, usually in the form of a Traffic Examiner (TE) or a Vehicle Examiner (VE). The Traffic Examiner is more interested in your documentation and the Vehicle Examiner in the actual nuts and bolts of your maintenance regime. It is said that the easy way to distinguish between a TE and a VE is that the VE will have dirty fingernails. The important thing to remember is that most DVSA employees are decent people, trying to do a difficult job as well as they can. They are not actively seeking to close you down but they are attempting to assess whether you are compliant with the regulations and, if not, what can be done. Sometimes an operator will just require a little advice – others may require attention from the Traffic Commissioner.
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. Read extra info on Road Haulage Solicitors.