Smith Bowyer Clarke Road Transport Lawyers
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Smith Bowyer Clarke Road Transport Lawyers 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. For a no-obligation, free initial consultation or rapid answer to a simple query just get in touch. We know how busy you are, and can attend at your operating centre, home or place of business at a time to suit you - we provide a truly national service.

We will try to provide you with a fixed fee so that you will know from the beginning what the process will cost.

read more › Smith Bowyer Clarke Road Transport Lawyers also operates a dedicated International Road Transport team, advising and representing European hauliers and drivers in all matters relating to the operation of LGV's into the UK from Europe. Our reputation for quality advice and representation extends across Europe. Changes to the Statutory guidance documents for Vocational Drivers and what it may mean for you.

read more › This operator, represented by Barrister Helen Newbold, was called to Public Inquiry after losing two wheels from a 3rd axle and failing to demonstrate that they had complied with specific conditions on the licence regarding wheel torque training for all drivers. Further failings were found in conjunction with PG9's around. Transport Solicitor Laura Newton represented a restricted Operator who had been called into Public Inquiry in Leeds due to an unsatisfactory maintenance investigation and a high level of Tachograph Infringements, including hundreds of incidents of driving without a driver card.

read more › Our Transport Lawyers specialise in defending Operators, Directors and Transport Managers called in to Public Inquiry with the Traffic Commissioner. Our nationwide team of solicitors and barristers have a proven track record acting for HGV and PSV businesses across the UK. Call us today on 01332 987420 for a no obligation, free initial consultation, or email us at 2 You have applied for an operator's licence but there are concerns with you or your application. The Traffic Commissioner will question you directly, and you will be expected to explain any compliance failings that have come to light.

read more › Our transport lawyers specialise in representing professional truck and bus drivers at Driver Conduct Hearings before the Traffic Commissioner. We offer a nationwide service, representing drivers in every Traffic Area. Speak to one of our transport lawyers today for a free initial consultation, and to find out about our fixed fees. If you hold a vocational drivers licence, you are regulated by the Office of the Traffic Commissioner. If the Traffic Commissioner has concerns over your conduct, they can call you to a driver conduct hearing to investigate and take action if required.

read more › Facing investigation or prosecution for tachograph offences? We can help you. Our transport solicitors and barristers are all highly experienced in this technical area of law. Whether you are facing criminal prosecution, a hearing before the Traffic Commissioner, or a DVSA / VOSA investigation, make sure you get specialist, confidential legal advice. 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.

read more › Interviews under caution are one of the primary tools used by the Police and DVSA (formerly VOSA) to gather evidence against you or your business, either for the purpose of a possible Public Inquiry or criminal investigation. Importantly, just like police officers DVSA examiners have the power to conduct formal interviews under caution. Your response to requests for interview and your conduct in interview forms one of the essential tools in preparing your answer to any allegations of misconduct or infraction.

read more › Every year, many thousands of illegal migrants break into and hide inside vehicles entering the UK. In most of these cases you, as the haulier operating the vehicle, will have no idea that the migrants are on board. 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.

read more › 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. 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.

read more › These headings represent only few of the many areas within which an Operator must achieve regulatory compliance. In fact, at least eleven undertakings given by Operators when applying for an Operator's Licence, not least that confirming that the laws relating to the driving and operation of vehicles will be observed. Breach of any of these undertakings, or the other rules and regulations associated with the Road Transport industry can and often does result in action by the DVSA, Traffic Commissioner or the criminal courts.

read more › With a few exceptions, anybody wanting to operate HGVs or PSVs in the UK will need an Operator's Licence. Applying for a new licence is not just a rubber-stamp exercise. As a potential operator you will need to prepare a detailed application setting out the sort of operation you are hoping to run. Post a public notice in a local newspaper advertising your operating centre and inviting challenges to it. You will also need to provide financial evidence to show you have the necessary funds to operate and maintain the vehicles.

read more › If you are involved with taxis as a proprietor, operator or driver you will know how heavily regulated the industry is and how wide are the powers of the Taxi Licencing Authorities. These powers are strictly applied in order to ensure public safety and fair competition but sometimes unfairness results and operators, proprietors or drivers have their licences revoked or suspended, often with catastrophic effects on their livelihoods. Sometimes draconian conditions can be placed on a licence making its operation unsustainable.

read more › The DVSA use various methods to investigate Authorised Examiners and Nominated Testers which can lead to disciplinary action. These can include the submission of a vehicle with defects for an MOT test, mystery shopping, covert surveillance and the analysis of data or intelligence. The DVSA can also conduct interviews in order to gain evidence against you or your business. Your response to a request for an interview and the way in which you deal with an interview is very important. If you are invited to attend an interview immediate legal advice is essential - it may be necessary to ask for the interview to be stopped or postponed.

read more › When something unexpected happens to one of your trucks in the UK, you need an urgent response and urgent answers. Our road transport lawyers provide a 24/7, nationwide service, locating and reclaiming vehicles that run into problems in the UK. In an emergency we can even arrange for security for the truck and its load, and a driver to collect the truck and deliver it for you. We can quickly send a specialist to investigate and, if necessary, guard. Load theft is an increasing problem in the UK and an unattended or insecure load is a load at risk.

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