Simon Clarke, Author at Smith Bowyer Clarke | Page 2 of 6

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Author Archives: Simon Clarke

How long does it take for an Operator’s Licence Application to be Processed? OTC releases most recent processing figures.

How long does it take for an Operator’s Licence Application to be Processed? OTC releases most recent processing figures. The Office of the Traffic Commissioner has released the most recent figures, up to the end of 2023, detailing the average wait time for an Operator’s Licence application to be decided. […]

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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 […]

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Driver CPC Reform Announced

On 11 December 2023, the Government has announced a set of reforms for the Driver Certificate of Professional Competence (DCPC), which is the qualification required for a vocational driver to drive a HGV or PSV in most professional or commercial circumstances. The Driver CPC became mandatory from 2008 for PSV […]

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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 […]

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Is a Transport Manager CPC Still Valid if Obtained Outside of the UK?

Brexit brought into question many concerns with Operator Licencing legislation, given how much UK law is intertwined with EU Law. One question in particular was whether a Transport Manager could continue to work in the UK if their CPC was obtained elsewhere in Europe. The clear answer is yes. However, […]

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Becoming a Private Hire Driver

Have you ever wondered whether you could work as a taxi driver but have no idea about the process? Application Private Hire and Hackney Carriage Licences are granted by Local Authorities outside of London or by TfL within the London area. Private Hire refers to trips booked through an Operator […]

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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 […]

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Recent Changes to Civil Penalties for Clandestine Entrants

Change 1 – Increase in Maximum Penalty Change 2 – Penalty for Failure to Secure Goods Vehicle Simon Clarke of SBC recently successfully conducted 6 conjoined appeals in the Court of Appeal this now being the leading case on the point. If you have any issues involving clandestine entrants affecting […]

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Not So New 28 Day Driver Recording Rules

In September 2022, DVSA issued guidance which has caused Operators and Transport Managers to ask questions about the ‘new 28 day rules’ to be rolled out for their drivers. In actual fact, the new rules came into effect in August 2020, but seemed to have gone under the radar and […]

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Vehicle Maintenance: Are you Getting What you Pay For?

As an Operator regulated by the Traffic Commissioner, you have agreed with a number of statements of intent, including that at all times vehicles will be fit and serviceable. Operators are regularly reminded to refer back to the Guide to Maintaining Roadworthiness and the guidance issued by DVSA or the […]

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