Simon Clarke, Author at Smith Bowyer Clarke | Page 3 of 6

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Author Archives: Simon Clarke

Why is it important to carry out regular maintenance inspections all year round to avoid dangerous incidents?

Now that the weather is becoming colder, and the nights are getting darker, it is more important than ever to make sure you’re maintaining your vehicles properly. It is crucial to make sure all maintenance inspections have been carried out on time and effectively by reliable providers. The DVSA have […]

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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 […]

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Can I Continue To Drive Without a Digital Tachograph Card?

If you are a driver working under EU Rules, all driving must be recorded on a Tachograph. A small number of vehicles are fitted with analogue tachographs, most vehicles are fitted with a digital tachograph. In these vehicles, you must use your Digital Tachograph to record all driving, other work […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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) […]

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Continuation Fees: A Stupid Way to Lose Your Operator’s Licence

Those of you who have glanced at their Operator’s Licence might have noticed that there is a review date five years after the grant of the Licence. In order to continue the licence after that date the Operator must pay a continuation fee for the licence to continue. The Office […]

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