Transportation lawyer and DVSA investigations
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.
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. Find even more details at driving without tacho card.
What Happens When The DVSA Visit? The DVSA will attend, usually in the form of a Traffic Examiner (TE) or a Vehicle Examiner (VE). The Traffic Examiner is more interested in your documentation and the Vehicle Examiner in the actual nuts and bolts of your maintenance regime. It is said that the easy way to distinguish between a TE and a VE is that the VE will have dirty fingernails. The important thing to remember is that most DVSA employees are decent people, trying to do a difficult job as well as they can. They are not actively seeking to close you down but they are attempting to assess whether you are compliant with the regulations and, if not, what can be done. Sometimes an operator will just require a little advice – others may require attention from the Traffic Commissioner.
During an operating centre inspection, the DVSA / VOSA will want to analyse your tachograph records and may want to download data from your vehicles and from the driver cards. If tachograph offences are found, the operator can expect to be interviewed under caution about them. Following the interview, the inspection officer will compile a report of their findings. Depending on the seriousness of any tacho infringements found, the operator may be prosecuted, or called to Public Inquiry with the Traffic Commissioner. For more information, speak to one of our specialist transport defence lawyers today. Find additional info at Road Transport Lawyer.