Recent Cases | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Please find some of our recent cases below.

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Driver Dealt with by Formal Warning Avoiding Attendance at Driver Conduct Hearing - February 2025

The driver in this matter, represented by barrister Harry Bowyer, had accrued three speeding offences whilst driving sub 3.5 tonne vans. He had not appreciated the different speed limits for vans over cars and the third penalty had arrived before he had notice of the first owing to the delay […]

Restricted Licence Holder Keeps Licence at Traffic Commissioner’s Public inquiry - February 2025

This operator had let matters slide in his seasonal business. The Traffic Commissioner called them to Public Inquiry as a result of an unsatisfactory DVSA visit. The Operator instructed a competent transport consultant to put their systems right and a new directors were appointed with an interest in compliance. The […]

Operator Keeps Licence at Third Traffic Commissioner’s Public Inquiry - March 2025

Laura Newton represented an Operator of Goods Vehicle before the Traffic Commissioner at Public Inquiry. This was the Operator’s third Public Inquiry and raised questions about the failure to notify a loss of Transport Manager, consideration of a new Transport Manager nomination and a number of maintenance issues leading to […]

Covid Failure of a Business Causes Difficulty for a New Application - February 2024

Lots of businesses faced difficulties in the aftermath of the Covid Crisis and those that did not survive often find themselves with out an O licence. Solicitor Murray Oliver helped this operator to understand the reasons why the Traffic Commissioner was asking difficult questions and we advised on the response […]

Coach Operator Hangs on to its O licence and Given a Chance to Right Earlier Wrongs - February 2024

An arrangement between two operators for one operator to borrow a coach caused the Traffic Commisioner to review all aspects of the operation. Only to discover that there were some serious compliance issues caused by an ineffective transport manager and lack of oversight from the director. Undoubtedly this was a […]

Scaffolding Operator finally gets it right - February 2024

The transition of businesses between generations can often create a difficulty with Operators licence Applications. This New Ltd company, represented at Public inquiry by solicitor Murray Oliver, was taking over a Scaffolding Business from the director’s father and two failed or withdrawn O licence applications meant that when the third […]

Bridge Striking Driver Avoids Revocation at Driver Conduct Hearing - February 2025

This driver, represented by barrister Harry Bowyer, appeared at a driver conduct hearing for striking a bridge to the extent that his load was displaced on the road and trains were slowed pending investigation. The starting point for bridge strikes in the Senior Traffic Commissioner’s Statutory Guidance is revocation of […]

Catering Firm Keeps Licence after Traffic Commissioner’s Public Inquiry - February 2025

This Operator, represented at Public Inquiry by barrister Harry Bowyer, suffered badly during the Covid 19 pandemic and standards slipped badly. After an unsatisfactory DVSA investigation they were called into Public Inquiry. They instructed a competent transport consultant to fix their systems and the Traffic Commissioner dealt with them by […]

Success Appeal Against the Traffic Commissioner - February 2025

We were instructed by an Operator who had received a letter from the Traffic Commissioner revoking their Operator’s Licence. There had been a number of issues with the Operating Centre and DVSA co-operation, which the Operator was seeking to address. Laura Newton made an initial application with an Appeal to […]

SBC Response to “Contemplated Decision Letter” Proposing 500 Points for an MOT Authorised Examiner Reduces Outcome to a Warning and 100 Points! - February 2025

An MOT Authorised Examiner had been investigated and subject to DVSA disciplinary procedures due to a vehicle examiner discovering that there had been a period of time where MOTs had been undertaken without the required roller brake equipment, due to a technical fault awaiting repair. The MOT Guide allows for […]

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