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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Operator Escapes with 28 Day Curtailment After Long History Of Non-Compliance at Traffic Commissioner’s Public Inquiry - June 2024

Barrister, Millicent Dooher, represented this Operator before the Traffic Commissioner following a propose to revoke letter. The Traffic Commissioner was concerned with the knowledge of the Operator and Transport Manager, the maintenance, with a number of PMIs exceeding their intervals, and drivers hours. The Operator had put in place a […]

Civil Penalties for both Company and Driver reduced from £16,000 to £2,638 - June 2024

Millicent Dooher, barrister, submitted a Notice of Objection on behalf of this Company and Driver. Border Force accepted the representations and reduced the Company’s penalty by 75% and the Driver’s penalty from £6,000 to £138.

Civil Penalties For Clandestine Entrants Reduced by Almost £68,000.00 - June 2024

This Company and Driver were facing penalties of £80,000.00 following the discovery of 5 clandestine entrants in the vehicle. Millicent Dooher made representations to Border Force through a Notice of Objection. These were accepted and the penalties were reduced from £80,000 down to just £12,585.

Operator Keeps Licence At Traffic Commissioner’s Public Inquiry Despite Multiple Failings - June 2024

This PSV Operator, represented at Public Inquiry by Barrister Harry Bowyer, had maintenance failures and drivers hours failures including failure to record properly when driving was regulated by EU regulations as opposed to Domestic. The Operator took drastic measures including sacking and replacing their transport manager and one of the […]

3 week Suspension for HGV Driver who who Failed to Make Manual Entries When Doing “Other Work” (as well as paying a fixed penalty notice for 1 false record) - June 2024

A driver called to a Traffic Commissioner driver conduct hearing in Bristol after it was discovered that he had not been recording period of other work as a mechanic and after being caught pulling his card on one occasion faces a 3 week suspension of his O licence. During the […]

£483 fine at Magistrates’ for an Overloaded Car Transporter with No tachograph or Operators Licence - June 2024

The Driver of a 3.5 tonne beaver tail Car Transporter, represented at the Magistrates’ Court by solicitor, Murray Oliver, unwittingly became an HGV which required an O licence and a Tachograph was fined £483 plus costs and victim surcharge at Swindon Magistrates Court. The vehicle without a trailer would have […]

£96,000 penalty for Polish Haulier reduced following our objection to the penalty means Haulier must now only pay £16,692 - June 2024

£96000 reduced to £16692 after successful appeal litigated by solicitor Murray Oliver

Operator with history of Failed Business because of Covid successfully applied for New O Licence at Public Inquiry - June 2024

The long tail of Covid for businesses is still causing concern for Traffic Commissioner who will call a an applicant for an Operator Licence to public Inquiry if an operator has a history of failed companies. When Directors appoint insolvency practitioners it is important to remember that the onus is […]

Transfer to a New Operating Centre Granted - June 2024

This operator contacted Senior Solicitor, Murray Oliver, to help with his move to a new operating centre. The new operating centre was granted as applied for.

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