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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STGO Operator with Two Overloads Given Warning and Interim Increase in Authorised Vehicles at Traffic Commissioner’s Public Inquiry - July 2023

This operator, represented at Public Inquiry by barrister Harry Bowyer, was stopped on two occasions with serious overloads on vehicles approaching 100 tonnes. It was clear both to the Traffic Commissioner and the DVSA that he was making serious efforts to become compliant and had spent great deal of money […]

No Prison for Death by Careless Driving - July 2023

This defendant, represented in the Magistrates Court by barrister, Harry Bowyer, rolled his car on the way back from the pub, killing his back seat passenger. There were no aggravating features and the defendant was in the bottom sentencing category. Under the new sentencing guidelines this still leaves a starting […]

Operator Suspected of Licence Lending Given Formal Warning by Traffic Commissioner - June 2023

This operator, represented by Millicent Dooher, was called before the Traffic Commissioner following suspected licence lending. The Traffic Commissioner considered the full documents and determined that, on balance, there was no licence lending. There were vehicle and driver issues that were raised, however the Traffic Commissioner agreed it was appropriate […]

Appeal Allowed for Alleged “App Sharing” TFL Private Hire Driver – Costs Awarded Against TFL - June 2023

Laura Newton was instructed to act on behalf of a TfL Private Hire Driver who has been subject to Licence Revocation. The case involved an application to appeal out of time which was granted. TfL had revoked the licence due to Operator concerns over app sharing. We were able to […]

Company Escapes with £3,600 Fine Following 92% Overload - June 2023

Barrister, Millicent Dooher, represented this Company at their hearing in the Magistrates’ Court. The Company had been charged with an overloading offence, with the vehicle overloaded by 92%. The Magistrates accepted the mitigation put forward by Millicent on behalf of the Company and imposed a total fine of £3,600.00. Overloading […]

Licence Lending Operator Survives with Suspension at Traffic Commissioner’s Public Inquiry - June 2023

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was suspected of borrowing a truck from another operator. Both operators had a one truck operation and worked with each other on the same contract, one subcontracting for the other. The problem arose when one could not […]

Bus Company Escapes with Formal Warning at Traffic Commissioner’s Public Inquiry - June 2023

The operator in this matter, represented at Public Inquiry by barrister, Harry Bowyer, brought himself to the attention of the DVSA by presenting a Bus with loose wheel nuts for MOT. This was followed by an unsatisfactory DVSA visit. They instructed a competent Transport Consultant who updated their systems and […]

Driver Accused of Card Pulling Acquitted after Trial on 4 false record charges. - June 2023

This driver, represented in the Magistrates’ Court by Millicent Dooher, was charged with 4 separate false record offences, one allegation being that no card was inserted and three being card pulling allegations. The Magistrates considered all the evidence and agreed that the DVSA could not make out the charges. The […]

PSV Driver with Alcohol Levels Above Legal Limit Dealt With by Way of Formal Warning at Driver Conduct Hearing - May 2023

Tim Culpin represented a Driver before the Traffic Commissioner, called to a Driver Conduct Hearing to consider fitness to hold a PSV driver Licence. The concerns raised by the Traffic Commissioner came from an employer referral that the driver had attended the workplace and given a breath reading which recorded […]

PSV Company with 200 Instances of “Missing Mileage” Keeps Licence at Traffic Commissioner’s Public Inquiry - May 2023

Our client, a PSV Operator, was called to Public Inquiry relating to concerns over a lack of Transport Manager control and over 200 instances of significant missing mileage which could not be accounted for. Laura Newton was instructed to act and in preparing the case for Public Inquiry, the Operator […]

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