Road transport lawyer and O licence application? 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.
Interviews under caution are one of the primary tools used by the Police and DVSA (formerly VOSA) to gather evidence against you or your business, either for the purpose of a possible Public Inquiry or criminal investigation. Importantly, just like police officers DVSA examiners have the power to conduct formal interviews under caution. Your response to requests for interview and your conduct in interview forms one of the essential tools in preparing your answer to any allegations of misconduct or infraction. Smith Bowyer Clarke have solid expertise in representing clients both in the Police Station and in DVSA interviews under caution. We have often found that the correct approach in interview is the decisive key to a positive conclusion in front of the Traffic Commissioner or in the Criminal Courts.
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. See more info at traffic commissioner public enquiry.
The DVSA don’t waste much of their time visiting compliant operators so it is almost certainly to do with something that you, or your employees/agents, have done or have failed to do. The triggers are legion, but common ones are where your vehicles are stopped and mechanical defects are found; or the vehicle is overloaded; or there are drivers’ hours infringements discovered…. and so on. Alternatively it could be that the visit has been requested by the Traffic Commissioner as a result of a requested variation you have submitted. It might even be that your MOT failure rate is higher than the national average, which always sets alarm bells ringing.
Why Smith Bowyer Clarke? Tachograph offences are a highly technical area of law. They are treated very seriously by both the criminal courts and the Office of the Traffic Commissioner. Smith Bowyer Clarke is a specialist transport law firm. All our solicitors and barristers are experts in all aspects of tachograph prosecutions and infringements. We have access to some of the best tachograph experts in the country to assist your case. We can also arrange for an independent audit of your tachograph analysis systems and advise on what you should be doing to stay lawful. We offer fixed fees and free initial consultations. Call or email us today for more information. Read extra details at Transport Solicitors.