Transportation lawyer and traffic commissioner public inquiry
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.
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.
Welcome to Smith Bowyer Clarke. We provide, simple, straightforward, and practical legal solutions to all your transport problems. 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. See more info on https://www.smithbowyerclarke.co.uk/services/tachograph-offences-how-we-can-help/.
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. Read more details at Road Haulage Solicitors.