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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Penalties Significantly Reduced Due to Border Force Delay in Issuing Penalties - July 2021

Millicent Dooher, barrister, successfully represented this company at a Civil Penalty Appeal hearing following the discovery of Clandestine Entrants on 3 separate occasions. The substantive issue was the excessive amount of time it had taken for Border Force to issue penalties following the discovery of the Clandestine entrants. It had […]

New Operating Centre Approved and Vehicle Authorisation Tripled Despite Objections from Representors and Local Authority - July 2021

The Operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, wanted to operate from a new operating centre which was accessed down a shared unmade road. The representors lived in a house at the end of the lane and, understandably, did not fancy HGVs thundering down the […]

Last Minute Preparation – Failure to Submit Material by Deadlines – Operator Still Granted Licences. - July 2021

This Operator through a perfect storm of misunderstandings caused by staff holidays, director’s ill health and the Covid 19 Pandemic managed to mislay both the call in letter and the Traffic Commissioner’s Brief. He failed to meet the deadline for sending the material requested in the call in letter. By […]

Immediate Restoration of LGV Entitlements Following Totting up Disqualification - July 2021

  This driver was called to a Driver Conduct Hearing following a totting up disqualification. The Driver was represented by Millicent Dooher, who made an application for this to be heard as soon as possible due to the expiry of the totting up disqualification. The Traffic Commissioner agreed to deal […]

Driver Avoids Jail After Manipulating His Analogue Tachograph Head to Create False Records - July 2021

This driver was before the Crown Court having pleaded guilty to manipulating his analogue tachograph head to create false records. He was represented by Millicent Dooher at the Crown Court who, through both mitigation and submissions on case law persuaded the Judge to suspend the period of imprisonment. These offences […]

Operator Escapes with 7-day Suspension Following ‘Unsatisfactory’ DVSA Investigation - July 2019

This operator was called to a Public Inquiry following an unsatisfactory DVSA visit where problems were flagged up with compliance on this restricted operator’s licence including the discovery of a driver without a CPC. Barrister, Millicent Dooher, represented the Operator at the Public Inquiry and was able to persuade the […]

Driver Avoids Suspension for Bridge Strike - July 2021

A driver was called before the Traffic Commissioner following a bridge strike whilst driving their LGV. Represented by Lisa Lyden-Cowan, the driver gave their explanation and mitigation was put forward to the Traffic Commissioner on the driver’s behalf.   The Statutory Guidance indicates the starting point for a bridge strike is […]

5 Instances of Knowingly Making a False Record – Driver Expecting 5 Month suspension gets 4 weeks. - July 2021

A driver facing five allegations of knowingly making a false record was called to a driver conduct hearing.  Represented by Lisa Lyden-Cowan, the circumstances were explained to the Traffic Commissioner and mitigation put forward on the driver’s behalf.  The Statutory Guidance indicates drivers who falsify records by driving without their […]

Driver Escapes with 2 Week Suspension for Use of a mobile phone whilst driving and speeding in a commercial vehicle - July 2021

A driver who had one conviction for using a mobile phone whilst driving their personal car and one conviction for speeding in a commercial vehicle was called to a driver conduct hearing facing a starting point of a 6 weeks’ suspension to their vocational licence.  Represented by Lisa Lyden-Cowan, the […]

4-Week Single Vehicle Curtailment Following Operator’s 10 month Period of Non-compliance - July 2021

This Operator, represented by barrister Millicent Dooher, barrister, was called before the Traffic Commissioner following a number of concerns raised by a DVSA investigation, including lack of financial standing, sporadic PMIs, insufficient brake tests and no data analysis. Following lengthy submissions, the Traffic Commissioner was persuaded to allow the licence […]

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