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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Impounded Truck Released following Cabotage Offences - May 2018

SBC were approached by a large European finance house after one of their trucks was impounded in the UK. The UK authorities had evidence that the truck had been operated in the UK in breach of the cabotage regulations. The finance house was the ultimate owner of the vehicle, and […]

HGV Driver Found Not Guilty of Mobile Phone Offence - May 2018

An HGV driver was summonsed to the Magistrates Court after a police officer alleged that he had been seen using a mobile phone behind the wheel. The HGV driver denied the offence and instructed Smith Bowyer Clarke Road Transport Lawyers to defend him at trial. If found guilty he would […]

Waste Operator Keeps Licence following Tachograph Offences - May 2018

A large waste operator was called to Public Inquiry by the Traffic Commissioner. A roadside stop by the DVSA had revealed a large number of tachograph offences committed by drivers of the business. Further investigations by the DVSA identified a lack of proper tachograph analysis systems prior to the incident. […]

Company Facing Unlimited Fine for Overloading Vehicle by 84% – Fine Substantially Lower than Expected - May 2018

Barrister, Helen Newbold, appeared in the Magistrates’ Court representing a company facing unlimited fine for a serious overloading offence committed by one of its drivers.  A DVSA traffic examiner told the court that this was one of the worst overloading offences he had witnessed. Helen Newbold defined the nature and […]

Early Action Saves Operator’s Licence at Traffic Commissioner’s Public Inquiry - May 2018

The Operator in this matter, represented by barrister Harry Bowyer was visited by the DVSA after one of his vehicles received a prohibition. The subsequent TEOR was distinctly unsatisfactory. Sensing that a Public Inquiry was in the wind the Operator telephoned SBC and asked what he could do. He was […]

Operator with Financial Standing and MOT Problems Keeps its Licence after Traffic Commissioner’s Public Inquiry - May 2018

This operator, represented by barrister Harry Bowyer, was called into Public Inquiry after one of its vehicles was stopped without a current MOT. The subsequent DVSA inspection showed that three further vehicles were being operated without MOTs. The company was found to be keeping its financial standing in an ISA […]

Driving Licence Sanctions Avoided after Frank Driver Conduct Hearing - April 2018

A self employed driver, represented by Barrister Helen Newbold, avoided receiving any sanctions on his driving licence at a recent driver conduct hearing. It was alleged that the driver had previously failed to cooperate fully with the DVSA at an interview and failed to attend an earlier Public Inquiry. After […]

PSV Operator Retains Licence at Traffic Commissioner’s Public Inquiry - April 2018

This Operator, represented by barrister Harry Bowyer, at Public Inquiry triggered a visit from the DVSA when he applied to increase the number of vehicles on his licence. That report raised a number of questions about his maintenance regime, retention of documents and the competence of the Transport Manager. SBC […]

Yet Another Seized Load Released after SBC Became Involved - March 2018

We can do no better than quote our client’s review: “Smith Bowyer Clarke assisted us to recover goods seized by the Border Force in Dover. The equipment had been seized more than 2 weeks before we approached SBC for assistance and we had not made any progress during that time. […]

Operator’s Licence Granted at Public Inquiry - March 2018

Martin Smith, Road Transport Lawyer, represented the applicant company at a Public Inquiry in connection with an application for a Standard International Operator’s Licence. Martin was able to address a number of concerns which the Traffic Commissioner had raised and in those circumstances the application was granted with a single […]

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