Please find some of our recent cases below.
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Fronting Concerns Laid to Rest at Public Inquiry - November 2017
Two waste-management operators, both represented by SBC, were called in to Public Inquiry with the Traffic Commissioner after “fronting” concerns were raised. It was noticed by the Office of the Traffic Commissioner that the two operators were both based at the same site, and that a number of vehicles and equipment formerly […]
Application for O-Licence Granted at Public Inquiry - October 2017
A Company applying for a Restricted Operator’s Licence was called to attend a Public Inquiry after concerns were raised over whether it had been using vehicles without an Operator’s Licence. The Applicant was represented by road transport solicitor Martin Smith. After hearing submissions from Martin Smith on behalf of the […]
Tachograph Falsification and Driver’s Hours Offences – HGV Driver Avoids Imprisonment - October 2017
An HGV driver appeared before Carlisle Magistrates Court charged with knowingly making false tachograph records – an offence carrying a maximum of two years imprisonment. The HGV driver had admitted the offences to the DVSA at the roadside and in interview, and entered guilty pleas before the Magistrates. In mitigation […]
Civil Penalties for Clandestine Entrants Halved on Appeal to County Court - October 2017
This European Haulier, represented by Harry Bowyer at the County Court, won their appeal against a civil penalty imposed after 21 Clandestine Entrants were found in one of his lorries. The lorry had made it through the control zone at Coquelles and was about to make its delivery when the […]
Operator Charged with £6m Tachograph Fraud Acquitted after 5 week Trial - October 2017
This Operator, represented at the Crown Court by transport barrister Simon Clarke, was jointly charged with one other Operator and 8 drivers of Conspiracy to Falsify Tachograph records. The prosecution case centred on the repeated and endemic failure by drivers to insert and ‘pull’ their Driver Cards to hide over-hours […]
HGV Driver Avoids Custody for Tachograph Offences - September 2017
An HGV driver approached Smith Bowyer Clarke having being charged with a number of tachograph offences. These included offences of “knowingly making a false record”, carrying a maximum sentence of two years imprisonment. The HGV driver had admitted the offences to the DVSA at the roadside, but had significant mitigating […]
Phoenix Concerns and Operating Without a Licence – Licence Granted - September 2017
The Applicant Company, represented at the Traffic Commissioner’s Public Inquiry by Martin Smith, had applied for a Restricted Operator’s Licence but had failed to declare links with a company which had gone into liquidation. It had also been operating vehicles in excess of 3.5 Tonnes without an Operator’s Licence being […]
Standard PSV Licence Granted Despite Failure to Notify Change of Circumstances - September 2017
A sole-trader operator, represented at Public Inquiry by Martin Smith, with a Restricted PSV Operator’s Licence left his main employment and set up a limited company. He was at the time the sole director of that company and upon passing his Transport Manager CPC qualification the company applied for a […]
Another Border Force Civil Penalty Success for Simon Clarke - September 2017
A transport company based in Croatia were issued with a Civil Penalty after illegal migrants were discovered in one of their vehicles at the Port of Calais. The company was represented by transport barrister Simon Clarke. After receiving Simon Clarke’s detailed submissions, the Border Force agreed to reduce the total […]
Phoenix Concerns Allayed at Traffic Commissioner’s Public Inquiry - September 2017
This applicant for a restricted licence, represented by Simon Clarke, drew the attention of the Office of the Traffic Commissioner over concerns that this might be a ‘phoenix’ company as there were similarities to and connections with a company in administration. Simon Clarke was able demonstrate that assets bought from […]
