Please find some of our recent cases below.
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Impounded Vehicle Restored After DVSA Fail to Follow Proper Notice Procedure - December 2017
Simon Clarke represented both the Owner, a bank, and the Hirer of a custom built open car carrier at a hearing in front of the Traffic Commissioner to seek the restoration of a vehicle seized for suspected breach of cabotage rules. One of the main issues to be resolved was […]
Another Restricted Licence Holder Keeps Their Licence After Traffic Commissioner’s Public Inquiry - November 2017
A Restricted Licence holder, represented at the Traffic Commissioner’s Public Inquiry by barrister Harry Bowyer, was called into Public Inquiry. There were concerns over missing inspection records, poor forward planning resulting in missed and late PMIs, there was no effective driver defect reporting system in place and a poor annual […]
“Old School” Operator Keeps Licence After Public Inquiry - November 2017
This operator , represented by Barrister Harry Bowyer, was also his own Transport Manager through “Grandfather” rights. He had failed to update his knowledge through any form of training or course. This was his third Public Inquiry since 1995. The current call in was because one of his lorries was […]
Licence Lending Concerns Satisfied Without Need for Public Inquiry - November 2017
An operator, represented by barrister Harry Bowyer, was called to a Preliminary Hearing where the Traffic Commissioner had concerns about licence sharing. At the time of a DVSA vehicle stop the traffic examiner noticed the operators name on the displayed O licence did not match the livery of the vehicle. […]
Restricted Licence Holder Keeps Licence at Public Inquiry - November 2017
This operator was called to Public Inquiry in Birmingham before the Traffic Commissioner. A DVSA investigation and a Preliminary Hearing with the Traffic Commissioner had identified a number of quite serious compliance concerns. These included: Whether or not company drivers held the necessary driver CPC qualifications Discrepancies with daily defect […]
Scaffolder in Breach of Undertaking and with Poor Compliance Record Keeps Licence at Public Inquiry - November 2017
This scaffolder, represented by barrister Harry Bowyer, was too keen on the scaffolding side of his business rather than LGV compliance. He failed to meet an undertaking to prove financial standing, failed to respond to letters from the Office of the Traffic Commissioner, failed to keep to his PMI intervals, […]
Tachograph Falsification – HGV Driver Avoids Imprisonment - November 2017
An HGV driver appeared before the Magistrates Court on suspicion of knowingly making false tachograph records – offences capable of carrying a maximum of two years imprisonment. The driver, who had already admitted the offences to the DVSA officer at the roadside, entered guilty pleas. In mitigation the advocate was […]
Operator With Restricted Licence Drops the Ball But Keeps Licence At Public Inquiry - November 2017
This operator, a manufacturer, represented at Public Inquiry by Barrister Harry Bowyer, held a restricted licence. The transport side of the business was operated competently until key personnel left. The Transport side of the operation was effectively left to run itself until one of the trucks was stopped by the […]
HGV Operator’s Appeal Allowed at Upper Tribunal - November 2017
This operator, represented by barrister Harry Bowyer at the Upper Tribunal, attended a Public Inquiry, represented by other solicitors. The Deputy Traffic Commissioner purported to find that the operator had lost his repute indefinitely as a Transport Manager but kept his repute, although tarnished, as an operator. The Upper Tribunal […]
HGV Driver Sentenced for Causing Death by Dangerous Driving - November 2017
This HGV driver, represented at the Crown Court by barrister Harry Bowyer, had collided with a queue of stationary cars killing one driver and injuring others. He had been on the telephone at the time and also faced further counts relating to “card pulling” and other driver’s hours infringements. This […]
