Road haulage solicitors and traffic commissioner public inquiry? In cases where a court hearing is necessary, we can prepare your case and go to court to fight for the return of your vehicle. Legal representation is strongly advised as, if unsuccessful, you may be liable for substantial costs. Reclaiming Seized Loads: Quite often, owners of cargos carried will have had no involvement in the transport arrangements; these details are often handled by a freight forwarder or haulier. If the vehicle carrying the load is seized, it is often possible for our team to quickly arrange the release, collection and onward delivery of the load. Once a vehicle is seized, we must act quickly: there are strictly enforced time limits which, if missed, can result in the permanent loss of the vehicle.
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. If your company or your driver faces police investigation or have received a Single Justice Procedure Notice or Court summons, call our team today. Offences committed in cars and vans can adversely affect your operator’s licence and should not be lightly brushed aside. Discover extra info on O licence application.
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.
Using a device to interfere with tachograph equipment: The DVSA / VOSA have very sophisticated technology to check whether a tachograph interference device is being used. Drivers and Operators found with interference devices installed will almost certainly be prosecuted and the Courts have shown a tendency to impose sentences of immediate imprisonment. An Operator suspected of forging or creating false tachograph records can expect to be prosecuted, and/or called before the Traffic Commissioner at Public Inquiry. The Traffic Commissioner will want to consider whether, as a result of the deception, the Operator should have its licence revoked. See even more information at Road Haulage Lawyers.