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.

Filter by Category


Seized Truck Recovered from HMRC in Record Time - March 2017

SBC provides a ‘Locate & Recover’ service for hauliers whose vehicles just disappear from or stop moving on the GPS. This often means that the vehicle has been seized by HMRC or UKBA. With our contacts and investigators, we are able to locate, recover and even provide a driver to […]

Very nearly “too little too late” but Operator keeps licence after Traffic Commissioner’s Public Inquiry - March 2017

This Operator, represented by Harry Bowyer, had a deeply unsatisfactory compliance audit by the DVSA to the extent that his drivers had no written daily defect reporting scheme. The Operator was his own Transport Manager and had attempted to delegate many of his responsibilities to other members of staff. SBC […]

Operator Granted Licence at Public Inquiry Despite Former Drink Drive Conviction of Transport Manager - March 2017

  An Operator and Transport Manager were called to Public Inquiry having applied for a new operators’ licence. The Traffic Commissioner had concerns about the Transport Manager’s former drink drive conviction, and whether it had been disclosed at the time. There was also evidence that the Transport Manager had been […]

Operator with Multiple Issues Keeps Licence at Traffic Commissioner’s Public Inquiry - March 2017

This haulier, represented by Martin Smith, had been called to a Public Inquiry for a number of reasons. One driver, who at the time of his offending had also been a director, had been prosecuted by DVSA for making false records by removing his driver card from the tachograph unit whilst […]

Operator with Poor Maintenance Compliance Record Keeps Licence after Public Inquiry - March 2017

This Eastern based haulier, represented by Martin Smith, was called to a Public Inquiry following an unsuccessful DVSA Maintenance Investigation conducted after an application to the Central Licensing Office to increase the authorised number of vehicles on the Operator’s Licence. There were numerous issues which included the quality of the driver […]

Preliminary Hearing – Traffic Commissioner’s Concerns Allayed - March 2017

This Northern Ireland based haulier, represented by Martin Smith, had applied for an Operator’s Licence in the North West of England. The convictions of a director had not been declared on the application form and the Traffic Commissioner also had concerns over the ability of the proposed nominated Transport Manager who […]

HGV Mechanics Fined by Magistrates after Pleading Guilty to Falsifying Inspection Forms - March 2017

  Two HGV mechanics, represented by SBC, received fines at court for deliberately inputting incorrect data into inspection forms. The mechanics, both of whom pleaded guilty, could have faced up to two years imprisonment for these offences.   After hearing mitigation the Magistrates were persuaded that these were isolated incidents […]

PSV Operator Keeps Licence after Traffic Commissioner’s Public Inquiry - March 2017

This PSV Operator, represented by Barrister Harry Bowyer, contacted SBC after receiving the call in letter for Public Inquiry. They had previously been called in to a preliminary hearing which they had dealt with unrepresented. The reality of the situation was that this was an operator that was genuinely trying to […]

Driver Conduct Hearing – Driver Given Warning by Traffic Commissioner - March 2017

This Driver, represented by Transport Barrister Harry Bowyer, was reported to the Office of the Traffic Commissioner for a serious offence whilst driving an LGV. There was, however, considerable mitigation and after hearing that mitigation, and the sensitive way the case had been handled by the Police who investigated the incident, […]

Haulage Operator Doubles Fleet After Traffic Commissioner’s Public Inquiry - February 2017

This Operator, represented by Harry Bowyer, had applied to vary his licence to allow an increase from three vehicles to six. The DVSA conducted a compliance audit and found a number of failings. This, combined with a history of MOT failures and prohibitions, led to the application being called in […]

Ask a Question

Let us know how we can help. Just provide a brief outline of your query.







    Free Consultation Motoring Law