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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Card Pulling PSV driver with 6 False Record Offences has Licence Suspended for Just 8 Weeks - August 2023

This driver, represented at his driver conduct hearing by barrister Millicent Dooher, was facing up to a 6 month suspension of his PSV entitlements following 6 false record offences. Mitigation was put forwards on his behalf by Millicent, the Deputy Traffic Commissioner accepted this mitigation and reduced the suspension to […]

Scottish HGV Driver with Mobile Phone Offence and Speeding Offence Dealt with By Formal Warning - August 2022

This driver, represented by barrister Harry Bowyer, had been caught using a mobile phone in his private car and a speeding offence in his truck. He was called into a driver conduct hearing where the Traffic Commissioner was impressed with his mitigation and dealt with the matter buy way of […]

Approved Driving Instructor No Further Action and Complaint Removed from the Record - August 2023

Millicent Dooher made representations on behalf of this driving instructor. The instructor had received 3 complaints with regards to the standard of his vehicle and the standard of his teaching. Millicent was able to draft representations for the regulator, setting out the instructor’s perspective. The Registrar accepted this, took no […]

Card Pulling HGV Driver Escapes Custody Following 14 False Record Offences. - August 2023

This HGV driver, represented by Millicent Dooher, pleaded guilty to 14 false record offences (removing his card from the tachograph machine). All of these offences covered break periods. The case law suggests that when there are more than 6 offences, custody should be considered. Millicent was able to convince the […]

Traffic Commissioner Decides not to Revoke Operators Licence After Finding that the Operator Had Knowingly Engaged in Unsafe Loading Practices - July 2023

This Operator, represented at Public Inquiry by solicitor Murray Oliver, was found to have engaged in unsafe loading of vehicles despite earlier warnings at a previous public inquiry to stop or prove that the way they loaded the vehicles was safe. Rather than revoking the licence the Traffic Commissioner curtailed […]

Driver with 2 Speeding Offences Avoids a 6 week Suspension at a Driver Conduct Hearing - July 2023

The driver in this case, represented by Solicitor Murray Oliver, picked up 2 speeding tickets in his personal van which is considered a commercial vehicle and is restricted to 60mph on an dual carriage way. The Traffic Commissioner’s guidance suggests that a driver with 2 convictions of this type ought […]

Vehicle Restored Free of Charge After Almost £2,000,000.00 of Excise Goods found in vehicle. - July 2023

Millicent Dooher made written representations to Border Force following the seizure of a vehicle with almost £2,000,000.00 of excise goods (cigarettes and hand rolling tobacco) found within the vehicle. Border Force offered to restore the vehicle for £61,000.00. Millicent made an application to review this decision and Border Force then […]

STGO Operator with Two Overloads Given Warning and Interim Increase in Authorised Vehicles at Traffic Commissioner’s Public Inquiry - July 2023

This operator, represented at Public Inquiry by barrister Harry Bowyer, was stopped on two occasions with serious overloads on vehicles approaching 100 tonnes. It was clear both to the Traffic Commissioner and the DVSA that he was making serious efforts to become compliant and had spent great deal of money […]

No Prison for Death by Careless Driving - July 2023

This defendant, represented in the Magistrates Court by barrister, Harry Bowyer, rolled his car on the way back from the pub, killing his back seat passenger. There were no aggravating features and the defendant was in the bottom sentencing category. Under the new sentencing guidelines this still leaves a starting […]

Operator Suspected of Licence Lending Given Formal Warning by Traffic Commissioner - June 2023

This operator, represented by Millicent Dooher, was called before the Traffic Commissioner following suspected licence lending. The Traffic Commissioner considered the full documents and determined that, on balance, there was no licence lending. There were vehicle and driver issues that were raised, however the Traffic Commissioner agreed it was appropriate […]

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