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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Formal Warning at Traffic Commissioner’s Public Inquiry for Lack of Drivers Hours Analysis and Driving Outwith Licence Categories - November 2021

This operator, represented by Barrister Helen Newbold, was called into public inquiry following a vehicle stop where a driver was found not to hold the correct driving licence categories to drive his vehicle and trailer combination; further there were no lights, brakes or indicators working on the trailer. A follow […]

Operator Called in after Desk Based Assessment Keeps Licence At Traffic Commissioner’s Public Inquiry - November 2021

This operator, represented at Public inquiry by Barrister Harry Bowyer, was called into Public Inquiry after an unsatisfactory DVSA Desk Based Assessment (DBA). The DBA followed on the heels of the previous transport manager resigning. Whilst maintenance was largely being done the paperwork was in a disastrous state. Drivers’ hours […]

Vehicle Restored Free of Charge Following Discovery of a Concealment of 35kg of Cocaine - November 2021

Millicent Dooher, barrister, represented this client following the discovery by Border Force of 35kgs of controlled drugs within the vehicle and the seizure of the truck. The owner of the vehicle had leased the truck and trailer to another company and had not been aware of the controlled drugs. Written […]

Operator Escapes with Warning After Second Public Inquiry In 12 Months - October 2021

This operator, represented by SBC at their previous Public Inquiry, found themselves called into Public Inquiry after an unsatisfactory DVSA Desk Based Assessment. On being approached by the operator for the second time SBC put them in touch with a competent Transport Consultant who was able to put the missing […]

Prosecution Drop 28 Charges Under the Forgery and Counterfeiting Act 1981 after SBC Representations - October 2021

This Company Director, represented in the Crown Court by barrister Harry Bowyer, was charged with 28 offences of using a false instrument and three offences of making a false record. He had reported his driver card as lost and applied for a replacement. When he found the original instead of […]

TfL Private Hire Licence Retained by Driver Following Allegation of Dangerous Driving - September 2021

Written representations were made by Millicent Dooher, barrister, to Transport for London following an allegation of dangerous driving and 15 safety related complaints arising from this driver’s conduct over 3 years. Through the representations that were made, Millicent was able to convince TfL to allow the continuation of this driver’s […]

Licence Allowed to Continue at Traffic Commissioner’s Preliminary Hearing Despite Breach of Undertaking - September 2021

The operator in this matter, represented at the preliminary hearing by barrister Harry Bowyer, had undertaken that her life partner would have nothing to do with the company as he had his own operator licence. Her partner’s business failed owing to the Covid 19 pandemic and he became involved in […]

Operator Loses Two Wheels But Retains Licence after Traffic Commissioner’s Public Inquiry - September 2021

This operator, represented by Barrister Helen Newbold, was called to Public Inquiry after losing two wheels from a 3rd axle and failing to demonstrate that they had complied with specific conditions on the licence regarding wheel torque training for all drivers.  Further failings were found in conjunction with PG9’s around […]

Operator Keeps Licence Despite Multiple Tachograph Infringements - September 2021

Transport Solicitor Laura Newton represented a restricted Operator who had been called into Public Inquiry in Leeds due to an unsatisfactory maintenance investigation and a high level of Tachograph Infringements, including hundreds of incidents of driving without a driver card. In preparing the case we were able to assist the […]

MOT Tester’s Authority Restored following DVSA Issuing 5 Year Cessation (Disqualification) - September 2021

Laura Newton was able to secure the return if MOT Authority for our client, an MOT Tester. He approached us having received a decision from DVSA issuing a 5 year Cessation (Disqualification) against his authority as an MOT Tester. The concern had been relating to a security breach on the […]

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