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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Civil Penalties for Clandestine Entrants Reduced by Thousands of Pounds - July 2020

Laura Newton has represented a number of Operators and drivers this month in appeals against Border Force Civil Penalties. The most significant reduction was a cancellation of £17,720 for one company and its drivers. In addition we have had cancellations of £12000, £1200, £3900, £3200. We have cases being dealt […]

Application for Increase in Authorisation Leads to Public Inquiry - July 2020

This Operator, represented at Public Inquiry by barrister Harry Bowyer, optimistically applied to increase his authorisation from 2 vehicles to 8 vehicles. This prompted the Office of the Traffic Commissioner to do a “desk based audit” where the operator scored an impressive 22 “unsatisfactories.” Further problems relating to a failure […]

Speeding HGV Driver Escapes with 2 Week Suspension after Driver Conduct Hearing - July 2020

Our solicitor, Laura Newton, represented a driver who had committed 2 speeding offences in a company HGV, both times travelling at 55mph in a 40mph area. He was called to a driver conduct hearing before the Traffic Commissioner. Although the Statutory Document suggests a 6 week suspension, the Traffic Commissioner […]

Despite a Number of Regulatory Infringements Operator Escapes with Warning and No Action Taken Against Driver at Conjoined Driver Conduct Hearing. - July 2020

Laura Newton represented a HGV Operator with a significant fleet of 38 vehicles. The Company and Transport Manager had been called to Public Inquiry in Bristol due to shortcomings in their compliance procedures after a DVSA Traffic Examiner visit. A number of vehicles were found to be untaxed, driving licence […]

Coach with 70 Passengers on Board Catches Fire – No Action taken Against Driver or Operator at Public Inquiry. - July 2020

We represented a PSV licence holder, who had operated a coach carrying 70 passengers which caught fire on a dual carriage way, after a wheel came off the vehicle, whilst passengers were on board. The Operator and Transport Manager were able to submit evidence prior to the hearing including an […]

Overloading – No Further Action Taken after DVSA Interview. - July 2020

Laura Newton represented a company and driver at DVSA interview relating to overloading of a van by around 30% of the Gross Permitted Weight. Having made representations to DVSA after the interview, it was decided that no action ought to be taken. Neither company nor driver received a penalty or […]

Good Result for Speeding HGV Driver at Driver Conduct Hearing - July 2020

Our solicitor Laura Newton represented a driver who had committed 2 speeding offences in a company HGV, both times travelling at 55mph in a 40mph area. He was called to a driver conduct hearing before the Traffic Commissioner. Although the Statutory Document suggests a 6 week suspension, the Traffic Commissioner, […]

MOT DVSA Disciplinary Hearing - July 2020

Our client, an Authorised Examiner, was given a Notice of Cessation of MOT Testing Centre Authority, after an allegation of issuing a fraudulent MOT Certificate. DVSA refused to allow an oral hearing and therefore a written appeal had been sent by our client and dismissed by the DVSA appeal panel. […]

Public Inquiry – Successful Licence Application Despite History of Revoked Licences - July 2020

Laura Newton, our Transport Solicitor, represented an Operator at Public Inquiry before the Traffic Commissioner, in an application for a Goods Vehicle Operator’s Licence. The Traffic Commissioner had initially proposed to refuse the application as the Operator had been linked to 4 previously revoked Licences and a refused application. We […]

Prosecution Against Haulier Discontinued - June 2020

Our Operator client was charged with Using an Operator’s Licence with Intention to Deceive. It was accepted that the Operator had mistakenly believed that he was able to use the margin on another’s licence for his own business, but there was no dishonesty or intention to deceive. Our solicitor, Laura […]

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