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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Poor Tachograph compliance and monitoring is marked by a 14 day suspension and curtailment by 1 vehicle at Traffic Commissioner’s Public Inquiry - June 2025

When a driver was found to have pulled his tachograph card at a DVSA check, Murray Oliver provided representation at the Public Inquiry. The problem had not been identified by the Transport Manager because the digital data from the vehicles was not being reviewed and acted upon. At the inquiry […]

False Records (Card Pulling) Charges Reduced Avoiding Case Being Sent to the Crown Court for Sentence - June 2025

Laura Newton was instructed to represent a HGV Driver. Following a DVSA investigation, the driver was charged with making a false tachograph record (card pulling) and another drivers’ hours offence. False tachograph records are treated very seriously by the Court and can lead to a custodial sentence. In this case, […]

European Operator has Penalties for Clandestine Entrants Cancelled - June 2025

European HGV operator has both Driver and Owner/Hirer Penalties cancelled after Murray Oliver submitted a Notice of Objection on their behalf.

Restricted Operator with “S” Marked Prohibition Escapes with Formal Warning At Traffic Commissioner’s Public Inquiry - June 2025

This operator, represented at Public Inquiry by Barrister Harry Bowyer, operated aggregate lorries which routinely travelled on broken ground. The DVSA found a cut in one of the tyres down to the cords and issued an “S” marked prohibition which led to a visit which, in turn, led to a […]

Operator Licence Saved at Traffic Commissioner’s Public Inquiry Despite Hundreds of Instances of Missing Mileage - June 2025

Our client, an Operator licenced by the Traffic Commissioner across a number of Traffic Areas, was found to have no system in place to deal with missing mileage. DVSA found hundreds on instances of missing mileage where the Operator could not account for them and had not identified these at […]

Fines for Overloading In the Hundreds Rather Than (Tens of) Thousands of Pounds - June 2025

Laura Newton represented a company and driver who were both charged with an overloading offence, being prosecuted in the Magistrates’ Court by DVSA. The vehicle was 41% overloaded. Courts have a power to impose an unlimited fine and the penalties quite often are in the tens of thousands, due to […]

Bus Operator Escapes Maximum Financial Penalty for Non Compliance at Traffic Commissioner’s Public Inquiry - June 2025

Efforts to improve compliance, investment in roller brake equipment and more administrative support to monitor bus timetable compliance were part of the evidence that Murray Oliver used to help this Bus operator at Public Inquiry. A robust challenge was made to the DVSA evidence on Bus Timetable compliance which helped […]

Civil Penalty for Clandestine Entrants Reduced by £8,208 - June 2025

A timely Notice of Objection lodged by Murray Oliver on behalf of a Lithuanian Operator with a single clandestine entrant found in its trailer successfully reduced the penalty imposed by Border Force by £8,208.

Clandestine Entrants Civil Penalty Reduced by 83% - June 2025

Murray Oliver lodged a Notice of Objection on behalf of a Romanian Haulier who was facing an £80,000 penalty after 5 Immigrants were discovered in one of its vehicles. The Overall Penalty for Both Owner Hirer and Driver was reduced by 83.3%

Traffic Commissioner Cuts Starting Point in Half for Mobile Phone Conviction at Driver Conduct Hearing - May 2025

This driver, represented at his driver conduct hearing by barrister Harry Bowyer, looked at his phone when a text came in. He had an exemplary driving record and was dealing with his terminally ill mother at the time and was expecting bad news. The Traffic Commissioner accepted that this was […]

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