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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Driver Using Mobile Phone Whilst Driving HGV Dealt with By Way of Formal Warning at Driver Conduct Hearing - November 2023

This driver, represented at the driver conduct hearing by barrister, Harry Bowyer, had forgotten his bluetooth and had picked up a call when behind the wheel of his truck. He applied for his licence to be reviewed and was called in to a driver conduct hearing. He should have been […]

Prosecution Offer No Evidence Against Defendant Without a Viable Defence - November 2023

This defendant, represented in the Crown Court by barrister Harry Bowyer, was charged with assaulting an emergency worker. He had been charged with a motoring offence (hence SBC involvement) and was being booked in at the Police Station. The defendant had told the arresting officers and the custody sergeant that […]

Formal Warning for Operator at Public Inquiry Following Concerns of Fronting - November 2023

Millicent Dooher, barrister, represented this operator before the Traffic Commissioner following concerns about who was running this Company. Any director of an Operator Licence holding company is responsible for the regulatory compliance- they cannot be a director in name only. Directors should therefore have at least basic knowledge of what […]

Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Numerous Regulatory Failings - October 2023

This Operator, represented at Public Inquiry by barrister, Harry Bowyer, was visited by the DVSA who found 136 driver infringements including a number committed by the transport manager/director himself. The company was restructured as it was apparent that the transport manager/director was “wearing too many hats.” The Traffic Commissioner allowed […]

Driver’s Civil Penalty for Clandestine Entrants Reduced by 80% Following Representations by SBC - October 2023

This driver had a penalty imposed following the discovery of a clandestine entrant in their vehicle. Border Force imposed a penalty of £6000.00 for the single entrant. Following submissions made by Millicent Dooher, the driver’s penalty was reduced to £1,200.00. Saving the client almost £5,000.00.

Transport Manager Allowed to Step Aside and a New Transport Manager Appointed at Public Inquiry - October 2023

The Traffic Commissioner called the application to add a new transport manager to an O licence on the request of the proposed transport manager. The Traffic Commissioner had concerns about whether the existing Transport Manager was exercising effective and continuous management. Upon a review of the maintenance and drivers hours […]

Operator Avoids Regulatory Action After Half-Finished Transport Consultant’s Report calls Operator’s Compliance into Question - October 2023

The Operator was represented by Solicitor Murray Oliver who arranged for a new audit to be conducted by a competent transport consultant. A period of grace was granted for financial standing. The Traffic Commissioner accepted that there was evidence of effort being made to comply and the Operators investment in […]

Operator Dealt With by Fine of Only £250.00 For Two Offences Involving Photocopied Operator Licence Discs - September 2023

This operator, represented by barrister, Millicent Dooher, was facing prosecution for 2 offences of making and possessing a document closely resembling an Operator’s Licence disc, namely a photocopy of the authorised discs. This matter is an either way offence: if dealt with at the Crown Court, it carries up to […]

Operator Licence Granted With Warning At Traffic Commissioner’s Public Inquiry Despite False Declarations Being Made On Application. - September 2023

Millicent Dooher, barrister, represented this Operator before the Traffic Commissioner on an application for the Operator’s licence. The Operator had been called in following the omission of his criminal conviction and information on previous licences on the application. The Traffic Commissioner was concerned that he could not trust this operator […]

Operator with Financial Standing Problems and Unsatisfactory DVSA Visit Keeps Licence at Traffic Commissioner’s Public Inquiry - September 2023

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, had been visited by the DVSA who provided an unsatisfactory report. He was also found to be severely deficient in his financial standing. He was able to address his financial standing by reducing his margin and selling […]

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