Road haulage lawyers and DVSA investigations

Transportation lawyer and DVSA investigations? At Smith Bowyer Clarke, our record of recovering seized trucks and loads is extremely high. Click here to see some recent examples. We can even arrange for collection, transhipment and onward transportation. Vehicles Seized for Operating Without an O Licence: The police and the DVSA have the power to seize your vehicle if they think you are operating without a licence. Only the legal owner of the vehicle can apply to to the authorities for the return of the truck. The owner of the seized vehicle will usually be expected to appear before the Traffic Commissioner at a hearing to explain, with evidence, why the vehicle should be returned to them. The law provides only four grounds for the return of the truck, three of which are highly technical. Often the result turns on the outcome of detailed legal argument.

We offer a cost-effective, fixed-fee arrangement designed to cover these steps and to provide you with certainty as to your costs. Smith Bowyer Clarke can arrange training from experts in the Road Transport field on: How to install an effective system to prevent clandestine entrants, in line with the Codes of Practice issued by the UK Government, The paperwork (checklists / training manuals etc) you need, The actions drivers must take to identify and prevent migrant access, The documentation that must be carried in the cab of the vehicle at all times, The information that must be provided to the Border Force if stopped.

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. Read additional information at traffic commissioner public inquiry.

Visited by the DVSA / VOSA? There are some things that happen, even to the best run businesses, which are less than welcome. High up on that list must be the DVSA (formerly VOSA) announcing that they intend to visit your operating centre. However well-meaning, it is always a trial when your systems are put to the test – especially by an eye that misses nothing and is not afraid to tell you when you’ve got it wrong! It always helps if you are courteous and cooperative. Let them see what they need to see. If they point out a fault and suggest a remedy then take it up. Even when the worst comes to the worst and you are called into a Public Inquiry a Traffic Commissioner is going to be more easily disposed to an operator who was open and cooperative to the DVSA than to one who was rude and obstructive.

Using a Driver’s card belonging to another: By driving using another person’s tachograph card, a driver is creating a false record. The DVSA / VOSA will want to investigate why the other card was used, and how it was obtained. This offence can carry up to two years in prison. The authorities will want to know whether the Operator was aware that a driver was using another’s card. Operators who fail to notice this happening, or are complicit in it, can expect to be either prosecuted or called to Public Inquiry by the Traffic Commissioner. See additional information at here.