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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Successful Defence: S.172 Charge Withdrawn Against Operator Licence Holder - September 2024

A company facing an S.172 charge for failing to provide driver details successfully avoided trial with the help of barrister Millicent Dooher. Prior to the hearing, Dooher presented evidence to the prosecution, leading to a decision to withdraw the charge. This outcome saved the company both time and costs. While […]

Clandestine Entrant Penalties Reduced by 88% – Down from £24,000 to £3,000! - September 2024

This European operator, represented by barrister Simon Clarke in the County Court, won a reduction of his civil penalties from £24,000.00 to just over £3,000.00. Border Force refused to review the financial means assessment by quoting the 28-day time limit in Section 6 of the Carriers’ Liability Regulations 2002. The […]

Operator Keeps Licence Despite “Self Employed” Drivers at Traffic Commissioner’s Preliminary Hearing - September 2024

This HGV operator, represented at Public Inquiry by solicitor Murray Oliver, had continued to use drivers working for through own Limited Companies despite a strong warning that the practice must cease from a Traffic Commissioner in 2019. HMRC and the Traffic Commissioners are making a joint effort to flush out […]

Operator Granted New Licence at Traffic Commissioner’s Public Inquiry - September 2024

This operator had his previous licence revoked as he failed to attend a Public Inquiry owing to a mix up with the post. The operator applied for a new licence and appointed a new transport manager (The failings of the previous TM was the essence of the previous Public Inquiry). […]

Operator with Card Pulling Drivers Keeps Licence at Traffic Commissioner’s Public Inquiry - September 2024

This operator, represented at Public Inquiry by Barrister Harry Bowyer, had a restricted licence. A visit from the DVSA revealed that a number of their drivers had been driving without cards. There were concerns that the sole director was living abroad. Action was taken to appoint a director to oversee […]

Operator Keeps Licence at Traffic Commissioner’s Public Inquiry Despite Suspicions of Fabricated Documents - September 2024

A well established haulier in the construction industry had relied on the absence of accidents and prohibitions as proof that he had effective systems. We became involved and quickly recognised that there were no modern systems in place and helped the Operator to understand the changes necessary to avoid the […]

Scaffolding Operator finally gets O licence at Traffic Commissioner’s Public Inquiry - September 2024

The Public Inquiry was called into the applicant’s second attempt to get an O licence following the termination of a previous licence. Murray Oliver appeared for the applicant. A question remained about the unauthorised use of goods vehicles between the time when the operator realised that the licence had terminated […]

Bridge Strike Driver has Licence Suspended for 28 Days at Driver Conduct Hearing - August 2024

The driver in this matter, represented by barrister Harry Bowyer, struck a railway bridge causing substantial damage and delays to the train timetable. The starting point for this type of incident is revocation of the vocational licence and disqualification for 6 months. In this case the Traffic Commissioner was persuaded […]

Director/Transport Manager Keeps Good Repute Despite Spouse Using Truck Over 300 Times Without a Licence - August 2024

The Director in this case, represented at Public Inquiry by Barrister Harry Bowyer, was also the Transport Manager of the Company. Their spouse had submitted and application for an operator’s licence which did not have an interim granted. As the couple had severe financial problems owing to an ongoing legal […]

Operator Granted Licence at Traffic Commissioner’s Public Inquiry Despite Fronting Concerns - August 2024

Murray Oliver helped another HGV operator to find his future at a Public Inquiry in Eastbourne. The Traffic Commissioner was concerned when she received an application from a new company to take over the operations from another company that had not been in business for very long. The director had […]

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