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 Increases Authorisation by 6 Vehicles At Traffic Commissioner’s Public Inquiry - September 2022

This operator, represented by barrister Harry Bowyer at Public Inquiry, was called in as a result of an unsatisfactory DVSA visit. He took steps immediately and contacted SBC who put him in touch with a competent transport consultant who ironed out the compliance issues. As they took action immediately they […]

Scaffolding Operator with Unsatisfactory DVSA Assessment Score Receives 5 day Curtailment by 1 Vehicle - September 2022

This Operator, represented by Millicent Dooher, was called before the Traffic Commissioner following an unsatisfactory desk based assessment by the DVSA. Issues included insufficient maintenance records, and distinct lack of laden roller brake test as well as ineffective use of the tachograph downloading systems. This Operator had started to put […]

Driver Uploading to TikTok Whilst Driving an HGV Avoids Disqualification at Driver Conduct Hearing - September 2022

This Driver, represented by Harry Bowyer, barrister, had been taking videos and uploading them to TikTok whilst driving an HGV. They were reported to their employer by a member of the public, dismissed by that employer and reported to the Office of the Traffic Commissioner. The Traffic Commissioner. whilst appalled […]

Border Force Return Detained Vehicle Without Penalty - September 2022

A European hire company hired out a truck to hauliers which was detailed by border force. Smith Bowyer Clarke argued that the vehicle be returned to its rightful owners, the hire company, as they were not complicit in the reasons for the stop and had acted with due diligence when […]

Smith Bowyer Clarke Recover Truck for European Operator - September 2022

Border force detained our client’s truck worth €125,000 owing to a suspicion that it was involved in smuggling. Smith Bowyer Clarke argued that despite the fact the company had taken steps to enforce training, the driver had ignored direct instructions. The detained truck was released.

“Dinosaur” Operator Keeps Licence after Traffic Commissioner’s Public Inquiry - September 2022

The operator in this case, represented at Public Inquiry by barrister, Harry Bowyer, was a long time PSV operator very set in his ways. He was his own transport manager and had not been subject to any refresher training for many years. He contacted a reputable firm of Transport Consultants […]

Operator with Unauthorised Operating Centre Keeps Licence and is Granted Increase in Vehicles Authorised - August 2022

This operator, represented at Public Inquiry by Barrister Harry Bowyer, was asked to leave his operating centre at short notice by his landlord and failed to notify the Office of the Traffic Commissioner that this was the case. SBC were contacted when he belatedly applied for a new operating centre […]

Clandestine Entrant Penalty for Driver Reduced by 91.3%. - August 2022

This driver received a penalty from Border Force following the discovery of 5 clandestine entrants in his vehicle. The Driver did not object to the imposition of the penalty but could not afford to pay the penalty at the level it was set. Following written representations on the level of […]

Driving Instructor DVSA Interview: No Further Action Following 2 Allegations of Inappropriate Behaviour - August 2022

This driving instructor was called before the DVSA following allegations of inappropriate behaviour with two students. Millicent Dooher represented the instructor in interview and was able to obtain all the relevant documents to assist the instructor prior to the interview. These were produced to the DVSA, and the decision was […]

Van Overloaded by 57% – Fine Reduced Substantially - August 2022

In this case was a removals company, represented at the Magistrates’ by barrister Harry Bowyer, had over estimated the amount that their van could carry without being over loaded. The fines for overloading are draconian as the initial fine covers the overload and the first 10% of that load with […]

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