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.

Filter by Category


Representors Successful in Opposing the Use of a Residential Driveway as an Operating Centre for an HGV - December 2022

The Operator had been using a 5 tonne Kebab Van for some years without a licence, parking it on a residential driveway when not in use. His neighbours, represented by barrister Harry Bowyer, had objected to the council who failed completely in their duty to get a grip on what […]

Scaffolding Company’s Application Granted as Applied for at Traffic Commissioner’s Public Inquiry despite “Phoenix” concerns - December 2022

The scaffolder in this matter, represented at Public inquiry by barrister Harry Bowyer, was the successor company to a scaffolding company that had gone spectacularly bankrupt. Smelling a “Phoenix” the Traffic Commissioner called the application in. The Traffic Commissioner was satisfied that despite the use of the same trucks and […]

MOT Authorised Examiner Avoids Cessation - December 2022

We were asked to act on behalf of an MOT Authorised Examiner, whose authorisation to operate an MOT Centre was in jeopardy following a Tester’s unlawful actions. DVSA surveillance uncovered that a Tester had conducted a number of re-tests away from the MOT Centre, without the owner’s knowledge. Under the […]

Operator with Two Licences Allowed to Consolidate Operation at Traffic Commissioner’s Public Inquiry - November 2022

The operator in this matter, represented at Public Inquiry by Harry Bowyer, had two companies each with a licence in the same traffic area. He was the sole director of one and his mother was the sole director of another but he was the Transport Manager. The Traffic Commissioner was […]

MOT Tester Overturns Cessation on Appeal - November 2022

Laura Newton successfully represented an MOT Tester who had been served with an Immediate Cessation of authority. The Appeal was heard by the MOT Appeals Team, at an Informal Hearing. The Tester was investigated by a DVSA Vehicle Examiner and believed to have entered MOT Tests onto the Testing Service […]

TfL Private Hire Driver Successfully Appeals Revocation - November 2022

Our client, a TfL Private Hire Driver, was served with a Notice of Revocation which removed his Private Hire Licence. The allegation was based upon reports from an Operator that he had shared his account with another driver. Laura Newton represented the driver in bringing an appeal before the Magistrates’ […]

HGV Driver has Licence Restored by Traffic Commissioner - November 2022

Our client, an HGV Driver, had been disqualified from driving for a period of 12 months, following a conviction for drink-driving. In applying for the return of his Licence, he was also required to apply to the Traffic Commissioner for his vocational entitlements to be restored, in addition to the […]

PSV Licence Granted in Full by the Traffic Commissioner Following Call to Public Inquiry - November 2022

Millicent Dooher represented this operator, called for the Traffic Commissioner upon an application for a PSV licence. The application had been called in following previous licence history and a concern over the operating centre and the Transport Manager. The Traffic Commissioner was satisfied with the Operator and Transport Manager and […]

Truck Driver Who Created False Record Escapes with a Fine at the Magistrate’s Court. - November 2022

Millicent Dooher, barrister, represented this HGV driver before the Magistrates’ following a DVSA prosecution for creating a false record by removing his digital tachograph card. The Court imposed a fine only for this offence. This is an offence that does carry custody and the Courts are imposing more and more […]

No Action Taken at Licensing Review Meeting for Private Hire Driver - November 2022

Our client, a Private Hire Driver, was called to a Licencing Review Meeting, with the Local Authority, following allegations of misconduct from a member of the public. Licencing Officers have authority to revoke a Driver’s Licence if they believe that there is evidence that the driver is no longer a […]

Ask a Question

Let us know how we can help. Just provide a brief outline of your query.







    Free Consultation Motoring Law