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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‘Ghosting‘ Driver Avoids Custody - March 2018

Barrister Helen Newbold represented this HGV driver in the Magistrates’ Court where he faced charges relating to using two driver cards. Both cards were in the name of the driver and he acknowledged that he knew he had used both of the cards to extend his daily driving hours on […]

HGV Driver Regains His Vocational Licence At Driver Conduct Hearing - March 2018

Barrister Helen Newbold was instructed to represent a driver in his application to regain his LGV licence after an unhappy history of road traffic offences. In order to satisfy the Traffic Commissioner that he could trust the driver not to commit similar offences in the future, Helen Newbold was able […]

Number of Driver’s Hours Offences Reduced by Half in Magistrates’ Court - March 2018

This HGV driver, represented by barrister Helen Newbold, had been summonsed to the Magistrates’ Court charged with 9 driver’s hours offences.   Helen Newbold was able to negotiate with the Prosecution to reduce the number of charges to 4, fewer than half those initially charged.  The HGV driver had admitted the […]

Problems With Financial Standing Resolved At Traffic Commissioner’s Public Inquiry - March 2018

The Operator in this matter, represented at Public Inquiry by Harry Bowyer, brought themselves to the attention of the Traffic Commissioner when they applied for a variation for an extra vehicle. The Office of the Traffic Commissioner was concerned as to whether the Operator could meet the Financial Standing requirements […]

No Action Taken Against Operator or Transport Manager at Traffic Commissioner’s Public Inquiry - February 2018

Martin Smith represented a haulage Operator at a Public Inquiry. The Operator had been carrying out in-house maintenance and a DVSA maintenance investigation had concluded that the arrangements were unsatisfactory. The Operator’s first time MOT pass rate was very low. The Traffic Commissioner also had concerns with regard to the […]

Another Seized Truck Recovered - February 2018

Our client, a major Dutch haulier, had their truck seized for alleged breach of the cabotage regulations. Because only the ‘owner’ of a seized vehicle can apply for its return, Simon Clarke was instructed by a major international finance house to recover the vehicle. Having considered Simon’s written arguments, the […]

High Value Cargo Recovered from Impounded Truck - February 2018

Our client, a large European operator, had one of their trucks stopped by the UK Border Force. It was found to contain (unknown to our client) a large quantity of contraband. The vehicle was seized by the authorities and SBC were instructed to urgently seek the release of the legitimate […]

“Own Maintenance” Causes Problems with the Traffic Commissioner – Operator Keeps Licence at Public Inquiry - February 2018

The Operator in this matter, represented at Traffic Commissioner’s Public Inquiry by Harry Bowyer, had an unsatisfactory DVSA visit. He was already on the radar of the Office of the Traffic Commissioner as his father had had his licence revoked. Amid a flurry of poor record keeping, prohibitions acquired, MOTs […]

Haulier Operating Without a Licence Represented at Magistrates’ Court Hearing - February 2018

This haulier, represented by SBC, had been summonsed to the Magistrates Court for operating goods vehicles without an operator’s licence. In mitigation we were able to show that the haulier did in fact have a goods vehicle operator’s licence, but not for the Traffic Area in which the vehicle had […]

Operator Keeps Restricted Licence following Disc-Lending Concerns - February 2018

  This HGV operator had been called to a Traffic Commissioner’s Public Inquiry. The DVSA had discovered one of the operator’s licence discs in the cab of a vehicle belonging to a completely unrelated business and the Traffic Commissioner was after an explanation.   The operator was able to give […]

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