Transportation lawyer and clandestine entrants? Has your truck or load been seized by the UK authorities? Securing the return of your vehicle or load will involve complex legal wrangling. Strict time limits apply and, if the truck isn’t recovered, the authorities can legally sell or destroy the vehicle. At Smith Bowyer Clarke, our transport lawyers specialise in reclaiming vehicles and loads seized and impounded by the UK Border Force, HMRC, Police and DVSA. You can find some of our recent vehicle and load recovery cases here. The procedure for reclaiming a seized vehicle or load will depend on the reasons for the seizure and which UK enforcement agency seized your vehicle.
We offer a cost-effective, fixed-fee arrangement designed to cover these steps and to provide you with certainty as to your costs. Smith Bowyer Clarke can arrange training from experts in the Road Transport field on: How to install an effective system to prevent clandestine entrants, in line with the Codes of Practice issued by the UK Government, The paperwork (checklists / training manuals etc) you need, The actions drivers must take to identify and prevent migrant access, The documentation that must be carried in the cab of the vehicle at all times, The information that must be provided to the Border Force if stopped.
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. In the eyes of the law, the company is using the vehicle when being driven by an employee. The company can also be deemed to have permitted offences to occur by requesting an employee to use a vehicle which has a defect. The consequences could be the driver attaining penalty points and potentially losing their licence. This may in turn impact your business. For a sole trader, they themselves may end up with penalty points on their licence. For a limited company, there would still be costly fines. If the company also holds an Operator’s Licence, such convictions would need to be reported to the Traffic Commissioner and could then impact on the Repute of the Operator. See extra info on dvsa investigations.
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.
Operators are legally required to keep tachograph records for a specified period of time. Failing to keep these records is an offence. At Public Inquiry, the Traffic Commissioner will want to know why records were not kept, how often records were analysed, and what steps the operator took to identify and prevent drivers’ hours infringements. What Will Happen? This will depend on the type of tachograph offence suspected, and the stage of the process. If suspected tachograph offences are found during a roadside stop by DVSA / VOSA, the driver can expect to be interviewed under caution. Evidence from the interview can be used to support any criminal prosecution or driver conduct hearing. You should always speak to a transport lawyer first for a free, no obligation initial consultation. Read extra details on https://www.smithbowyerclarke.co.uk/.
