Transport solicitors and traffic commissioner public inquiry? 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.
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. 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. Read extra info on https://www.smithbowyerclarke.co.uk/services/assistance-with-application-for-or-variation-of-operators-licence/.
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.
Types of Tachograph Offences: The rules on tachographs are very strict. Below are some of the most common tachograph offences. Driving without a Driver’s card: Driving without a driver’s card in is a serious matter. The law draws a distinction between drivers who knowingly drive without their card in, and those who do so by accident. The former cases can carry up to two years in prison. This offence often arises when drivers pull their cards in an effort to hide the fact that they are exceeding their drivers’ hours. The DVSA / VOSA will want to investigate why this happened, and how far the vehicle travelled without a card in. They will also want to know whether any pressure was placed on a driver to pull their card. Discover extra info at Road Haulage Solicitors.
