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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SBC Helps Operator to Pass Business on to Next Generation - November 2018

SBC Transport Lawyers were approached by a sole trader operator licence holder. After receiving an unfortunate medical diagnosis, the operator was keen to ensure that the business could be passed on to the next generation and sought advice from SBC on how this may best be effected. SBC assisted the […]

Short Suspension for Making a False Record - November 2018

Having represented this HGV driver at the Magistrates’ Court in respect of one count of knowingly making a false record, barrister Helen Newbold was asked to represent him again at his driver conduct hearing. Helen took the driver through his evidence so the Deputy Traffic Commissioner could understand fully the […]

Operator Keeps Licence and Transport Managers Repute Held in Abeyance - November 2018

Helen Newbold, barrister, represented both the operator and the transport manager at Public Inquiry. The call-in letter highlighted issues around maintenance records and lack of robust driver defect reporting and training. Taking both the operator and transport manager through their oral and documentary evidence, Helen was able to demonstrate to […]

Double Trouble – Driver Faces Magistrates and Traffic Commissioner in the Same Week - November 2018

This driver, represented by Harry Bowyer, was caught by the DVSA pulling his tachograph card on 5 occasions. He was prosecuted and was at real risk of being committed to the Crown Court and a custodial sentence. In mitigation he was able to show through text messages that he had […]

Northern Ireland Haulier Not Guilty in £3m Tachograph Fraud Trial - October 2018

Following an intensive and long-running DVA investigation, a commercial Operator and a number of his drivers were charged with offences of conspiring to falsify tachograph records. The allegations spanned a period of some 17-years, concerned cross-Europe haulage work and, on the least favourable outcome, would have resulted in a confiscation […]

“Change of Entity” Confusion Leads to Traffic Commissioner’s Public Inquiry - October 2018

The Operator in this matter, represented at Public Inquiry by Harry Bowyer, decided to change his business from that of a sole trader to a Limited Company. He contacted the Office of the Traffic Commissioner to change the name of the business, failing to realise that the change in entity […]

Another Restricted Licence in Trouble at Traffic Commissioner’s Public Inquiry – New Licence Granted - October 2018

Harry Bowyer represented this operator at Public Inquiry. The Operator’s accountants had advised that the Operator should consolidate his companies to save costs which led to the company with the O Licence being wound down. The Operator continued to blithely operate the vehicle carrying goods belonging to the other companies […]

£22,500 worth of London Low Emission Zone Penalties Cancelled - October 2018

This large European haulier had incurred £22,500 in London Low Emission Zone penalties. These fines had been incurred after trucks belonging the company had been operated in the Low Emission Zone over several weeks. Smith Bowyer Clarke Road Transport Lawyers were contacted and were able to successfully challenge these penalties, […]

PSV Driver Regains Licence Following Driver Conduct Hearing - October 2018

This former PSV licence holder was represented by barrister Helen Newbold when called to a Driver Conduct hearing for the re-application of his licence after a seven year disqualification. After hearing from Helen regarding the circumstances of the driver and the issues outlined in his call-in letter the licence application […]

Card Pulling Driver avoids Custodial Sentence - October 2018

Barrister, Helen Newbold, represented a driver who had been committed to Crown Court for sentencing after pleading guilty to ‘pulling’ a his drivers card on a significant number of occasions. Despite his early guilty plea the driver was facing a possible prison sentence of up to 2 years due to […]

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