Transport solicitors and traffic commissioner public inquiry? 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.
If you are invited to attend an interview under caution or placed under “caution” during an encounter or inspection then immediate legal advice is essential. You are fully entitled to ask that the interview is postponed or stopped to enable you to obtain legal advice. Even if you think that you have done nothing wrong, receiving good legal advice before answering any questions will always be in your interests: too many people have admitted offences in interview which were not part of the investigation. Importantly, you have the right to have representation at any interview and to refuse to answer questions where the DVSA or police fail to allow you access to your lawyers.
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. How can you protect yourself and your employees? Drivers ought to receive training and be required to comply with a driver handbook. This may refer to an obligation to report accidents or incidents in the vehicle, changes to driving licences/eligibility to drive and a robust drink/drug driving policy. It is good practice to include a walk around check to avoid issues with mechanical or physical defects. Read extra info on clandestine entrants fine.
What Should I Do After They Have Left? When the DVSA leave you will feel as though a typhoon has struck. Do not think that you can relax once you have restored all your documentation to its proper place. Invariably the DVSA officer will have made some suggestions so ACT ON THEM. Do not stick your head in the sand because if the visit was not a happy one then the machinery will grind remorselessly on unless you have taken steps to stop it. If you haven’t already done so, your first step should be a free initial consultation with a specialist transport lawyer . They will be able to advise on what needs to be done to give you the best chance of resolving matters before they go before the Traffic Commissioner.
Tachograph Offences: Facing investigation or prosecution for tachograph offences? We can help you. Our transport solicitors and barristers are all highly experienced in this technical area of law. Whether you are facing criminal prosecution, a hearing before the Traffic Commissioner, or a DVSA / VOSA investigation, make sure you get specialist, confidential legal advice. Call us today on 01332 987420 or email info@smithbowyerclarke.co.uk. Operators should be aware that offences found during roadside stops will usually lead to a DVSA / VOSA inspection of your operating centre. Find extra details at Road Haulage Solicitors.