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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Door Left Open for Scaffolder at Traffic Commissioner’s Public Inquiry - May 2024

Murray Oliver represented a scaffolding operator whose Operators licence had ended because the operator had not completed the renewal forms on time. The applicants orginal systems had let them down by failing to identify the renewal date for the Operator’s licence. After a thorough review of the systems the applicant […]

Licence Granted Despite History of Failed Companies - May 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 […]

Scaffolder Keeps Licence at Traffic Commissioner’s Public Inquiry - May 2024

Murray Oliver, solicitor, kept a 3 vehicle scaffolding operator on the road after a Public Inquiry. The Operator was called following an unsatisfactory desk based assessment and Maintenance investigation. By the time of the Public Inquiry the operator had made some effort to put things in order before the public […]

Bridge Strike Driver Escapes with 14 day Suspension at Driver Conduct Hearing - May 2024

This driver, represented at his driver conduct hearing by barrister Harry Bowyer, hit a bridge in his truck. The starting point for bridge strikes is revocation of the licence and disqualification for 6 months. The Traffic Commissioner took into account the driver’s age and inexperience as well as his limited […]

Opportunity for a Fresh licence Application Following a Finding of Unauthorised Use - April 2024

Murray Oliver represented a scaffolding operator whose Operators licence had ended because the operator had not completed the renewal forms on time. The applicants orginal systems had let them down by failing to identify the renewal date for the Operator’s licence. After a thorough review of the systems the applicant […]

Coach Operator Avoids Traffic Commissioner’s Public Inquiry Being Dealt with by Formal Warning and New Undertaking after prompt response to DVSA Visit - April 2024

A DVSA visit should always be a call to action for an operator. Murray Oliver received a call as soon as the Operator knew that DVSA were planning to visit. He was able to advise of the preparatory steps for such a visit, introduce the Operator to a Transport Consultant […]

Civil Penalty Liability Reduced By 75% For Company and More than 99% For Driver - April 2024

Millicent Dooher represented this Company and Driver following the imposition of civil penalties for 3 clandestine entrants. The Company penalty sat at £30,000.00 and the Driver penalty at £18,000.00. It was accepted that the regulations had not been complied with. Millicent was able to persuade Border Force to consider the […]

Impounded Vehicle Restored by Traffic Commissioner at Traffic Commissioner’s Public Inquiry. - April 2024

This Company had their vehicle impounded by the DVSA for use without an Operator’s Licence. The Company maintained that they had been operating under the recovery exemption, and notwithstanding the exemption, their previous encounters with the DVSA had confirmed this. Ultimately, the Traffic Commissioner found that they were operating outside […]

Civil Penalty Reduced from £32,000.00 to £5,138.00. - April 2024

This Company faced a civil penalty of £20,000.00 and the Driver £12,000.00 following the discovery of two clandestine entrants in the Company vehicle. Following a Notice of Objection submitted by Millicent Dooher, the Company’s penalty was reduced by 75% to just £5,000.00 and the Driver’s penalty was reduced to just […]

Notice of Objection Reduces Civil Penalty By More than 50% - April 2024

This client faced a civil penalty of £16,000 (driver and company) following the discovery of 1 clandestine entrant in a Company vehicle. Following a Notice of objection, the Driver’s penalty was reduced to £245.00 only and the Company’s penalty was reduced by 25%.

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