Road haulage solicitors and O licence application

Road haulage lawyers and driving without tacho card? 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. The road transport industry is one of the most heavily regulated in Europe, and can often appear confusing. That’s why you need a law firm that knows the industry inside out. Many of our lawyers are CPC accredited Transport Managers, and have an insight into the practicalities of running a compliant road transport business. Smith Bowyer Clarke are firmly on the side of the Operator and Driver – We do not prosecute for the CPS or the DVSA. Read additional information on https://www.smithbowyerclarke.co.uk/services/clandestine-entrants-and-defending-civil-penalties/.

The reality is that nobody’s business is perfectly compliant but some are better than others. In your heart you will know where on the scale your business lies. The worse it is the more that you need to do. Before the visit check that you have your paperwork in the right places and ensure that it is up to date. If you know that compliance has slipped badly then be proactive. Start to take steps to fix it. If necessary engage a competent Transport Consultant to overhaul your systems and ensure that you are using the right paperwork. And don’t hide it from the DVSA! If you have an unsatisfactory visit from the DVSA then this is your wake-up call. Act on their recommendations. You will have a far better time in front of the Traffic Commissioner if you treat this as your wake-up call rather than the call-in letter 28 days before the Public Inquiry. Yes, it may be expensive but it might save your business.

Using a Driver’s card belonging to another: By driving using another person’s tachograph card, a driver is creating a false record. The DVSA / VOSA will want to investigate why the other card was used, and how it was obtained. This offence can carry up to two years in prison. The authorities will want to know whether the Operator was aware that a driver was using another’s card. Operators who fail to notice this happening, or are complicit in it, can expect to be either prosecuted or called to Public Inquiry by the Traffic Commissioner. Read extra info on https://www.smithbowyerclarke.co.uk/.