Author Archives: Harry Bowyer
Charged with Death By Driving? – What you Need to Know
If you have just killed someone in your motor car your life has just changed forever. You may already be dealing with some of the issues caused; physical and mental injury, shock, guilt, and social condemnation. Other issues will crowd in, of lesser and greater importance, as time goes by […]
Driving a Truck or Bus now an Aggravating Feature for Causing Death by Dangerous Driving
The Sentencing Council has published revised sentencing guidelines effective from the 1st July 2023 for a number of motoring offences including Causing Death by Dangerous Driving and Causing Death by Careless Driving. Sentencing guidelines for motoring offences published – Sentencing (sentencingcouncil.org.uk) The sentencing ranges for Causing Death by Dangerous Driving […]
Financial Standing Guide For Idiots
How much is required? The finance required for holders of a Standard Operators Licence is decided by the Secretary of State for Transport, however the levels for a Restricted Licence are set out after consultation with the Traffic Commissioners. Standard National/International Operators Licence S13A(2)(b) of The Goods Vehicles (Licensing of […]
Will I Need an Operator’s Licence for my Van?
The general rule has been that goods vehicles below 3.5 tonnes do not need an operator’s licence but that is likely to change in May of 2022 as a result of the Trade and Cooperation Agreement between the UK and EU following Brexit. The rules have not been set in […]
Bounce Back Loans and The Traffic Commissioner
In several recent Public Inquiries in which we have been involved Traffic Commissioners have shown an unhealthy interest in “Bounce Back” loans taken out by operators at the beginning of the Covid 19 pandemic. These loans were taken out under rules requiring that the maximum amount loaned must be equal […]
5 Ways for Directors and Transport Managers to Stay out of Prison
One of the less obvious perks of being involved in the Transport Industry is quite how easy it is to find yourself in a criminal dock facing charges that could alter your life forever. It is often the case that the director or transport manager was oblivious of the cause […]
Problems Ahead for Traction Only Operators.
In recent Public Inquiries it has become apparent that the Traffic Commissioners expect more from operators who are picking up third party trailer than a mere driver walk around check. The Guide to Maintaining Roadworthiness at 3.3 details what must happen between traction services and third-party trailers. In particular, “Traction […]
Remote Public Inquiry Hailed as a Success!
Remote Public Inquiries are being used by Traffic Commissioners to try to plough through the backlog created by the Covid 19 pandemic. Not every case is suitable for such a hearing and Commissioners seem to be cherry picking those that are. The signs seem to be promising that they are […]
Do I Need a Transport Manager?
Who needs a Transport Manager? A transport manager is necessary if you hold a Standard National or Standard International Operator’s Licence. This is because there is a requirement to show professional competence for both types of licence. This is the same for both goods vehicles and passenger carrying vehicles, regardless […]
Using a Mobile Phone at the Wheel – DPP v Ramsey Barretto Judgement
The Appellant in this case was caught using a mobile telephone to film an accident as he was driving past. The High Court held that for the purposes of a prosecution under Section 41D of the Road Traffic Act 1988 and Regulation 110 of the Road Vehicles (Construction and Use) […]
