Road haulage solicitors and clandestine entrants fine? At Smith Bowyer Clarke, our record of recovering seized trucks and loads is extremely high. Click here to see some recent examples. We can even arrange for collection, transhipment and onward transportation. Vehicles Seized for Operating Without an O Licence: The police and the DVSA have the power to seize your vehicle if they think you are operating without a licence. Only the legal owner of the vehicle can apply to to the authorities for the return of the truck. The owner of the seized vehicle will usually be expected to appear before the Traffic Commissioner at a hearing to explain, with evidence, why the vehicle should be returned to them. The law provides only four grounds for the return of the truck, three of which are highly technical. Often the result turns on the outcome of detailed legal argument.
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. How can you protect yourself and your employees? Drivers ought to receive training and be required to comply with a driver handbook. This may refer to an obligation to report accidents or incidents in the vehicle, changes to driving licences/eligibility to drive and a robust drink/drug driving policy. It is good practice to include a walk around check to avoid issues with mechanical or physical defects. See extra information at https://www.smithbowyerclarke.co.uk/services/assistance-with-application-for-or-variation-of-operators-licence/.
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.
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. Discover more details on Transportation Lawyer.