Transport solicitors and DVSA investigations

Road haulage solicitors and driving without tacho card? 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.

If you cannot show that you have an effective system in place and that it was being properly operated on the day, as the haulier you can ultimately be liable to pay up to £4,000 per migrant. If you fail to pay your penalty you can expect your vehicle to be seized and sold or even destroyed by the UK Border Force. You have the right to appeal against both the imposition of your Civil Penalty, and its amount. The appeal process consists of two routes: A Notice of Objection to the Border Force. This entails the submission of written representations and supporting evidence to the Border Force. Using this route, our transport lawyers have a high success rate in dramatically reducing the amount of penalty payable, without the need to go to court. This is often the most cost-effective route.

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. For a no-obligation, free initial consultation or rapid answer to a simple query just get in touch. We know how busy you are, and can attend at your operating centre, home or place of business at a time to suit you – we provide a truly national service. Read even more details at London low emission zone fine.

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.

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 even more information at Transportation Lawyer.