Road haulage solicitors and clandestine entrants fine
Transportation lawyer and clandestine entrants fine? 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.
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.
Welcome to Smith Bowyer Clarke. We provide, simple, straightforward, and practical legal solutions to all your transport problems. 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. Find additional information on operators licence application.
The reality is that nobody’s business is perfectly compliant but some are better than others. In your heart you will know where on the scale your business lies. The worse it is the more that you need to do. Before the visit check that you have your paperwork in the right places and ensure that it is up to date. If you know that compliance has slipped badly then be proactive. Start to take steps to fix it. If necessary engage a competent Transport Consultant to overhaul your systems and ensure that you are using the right paperwork. And don’t hide it from the DVSA! If you have an unsatisfactory visit from the DVSA then this is your wake-up call. Act on their recommendations. You will have a far better time in front of the Traffic Commissioner if you treat this as your wake-up call rather than the call-in letter 28 days before the Public Inquiry. Yes, it may be expensive but it might save your business.
During an operating centre inspection, the DVSA / VOSA will want to analyse your tachograph records and may want to download data from your vehicles and from the driver cards. If tachograph offences are found, the operator can expect to be interviewed under caution about them. Following the interview, the inspection officer will compile a report of their findings. Depending on the seriousness of any tacho infringements found, the operator may be prosecuted, or called to Public Inquiry with the Traffic Commissioner. For more information, speak to one of our specialist transport defence lawyers today. See even more details on Road Haulage Lawyers.