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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Bus Driver Gets Licence Back in face of DVLA Medical Holdups - February 2017

A bus driver, represented by SBC, is back driving after overcoming serious holdups on the part of the DVLA Medical department. The bus driver had initially lost his entitlements following a serious medical incident a number of years ago. After making a full recovery, he had applied to the DVLA […]

Another Successful Appeal When Driver Refused Entry to UK After Clandestine Entrants Found in Truck - February 2017

This Dutch driver, represented by Simon Clarke, was found with 12 illegals in his truck at Coquelles. Again the Border Agency agreed he didn’t know about them but still refused him entry into the UK and again SBC appealed to the Immigration Tribunal on the basis that the refusal was unlawful and […]

Driver Stopped with Clandestine Entrants – Bar on Entry to UK Successfully Appealed - February 2017

This European driver, represented by barrister Simon Clarke, was found with 17 illegals in his truck at Calais. The Border Agency agreed he didn’t know about them but still refused him entry into the UK under the so-called ‘Citizen Directive’. SBC appealed to the Immigration Tribunal on the basis that the […]

Dangerous Driving Acquittal - February 2017

This defendant, represented by Harry Bowyer, was charged with Dangerous Driving (Maximum Sentence 2 years imprisonment, Mandatory Disqualification, Extended Driving Test to regain licence) having been stopped in a car which had its side windows tinted to such an extent as to allow only 3-4% of light to penetrate. On […]

No Action Taken Against Transport Manager At Public Inquiry - February 2017

A Transport Manager, represented by barrister Harry Bowyer, had a history of involvement with companies holding Operators’ Licences which had encountered financial difficulties. On this occasion he was the nominated Transport Manager on two applications for Operators’ Licences. As a result of his involvement, the applications had been called into Public Inquiry. […]

Period of Grace Granted at Public Inquiry for PSV Operator to Show Financial Standing - February 2017

A large coach and bus Operator was granted a 3 month period of grace by the Traffic Commissioner at Public Inquiry. The PSV Operator was able to satisfy the Traffic Commissioner that whilst there had been financial standing problems in the past, the business had prospects of changing this going […]

Haulage Operator Keeps Licence at Public Inquiry after Tachograph Offences and Financial Standing Concerns - January 2017

A large haulage Operator, represented by SBC, was called to Public Inquiry before the Traffic Commissioner following evidence of driver tachograph offences. There had also been concerns over the Transport Manager’s good repute. A DVSA investigation had uncovered numerous tachograph offences committed by the drivers. The Operator gave evidence to […]

Tachograph, Phone and Speeding Offences – HGV Driver Given Short Suspension at Driver Conduct Hearing - January 2017

An HGV driver was called to a Driver Conduct Hearing before the Traffic Commissioner in Bristol and had his licence suspended for two weeks. The driver had been called in having received convictions for speeding, using a mobile phone at the wheel, and tachograph offences. The advocate was able to demonstrate to the […]

Written Warning for Speeding Driver – Driver Conduct Hearing – Edinburgh - January 2017

An experienced Class 1 lorry driver was called to attend a Driver Conduct Hearing in Edinburgh before the Traffic Commissioner for Scotland. The Traffic Commissioner had concerns over a number of speeding offences committed by the driver whilst at work.  After hearing the evidence, the Traffic Commissioner decided to issue […]

Phoenix and Fronting Concerns Allayed at Public Inquiry - January 2017

This applicant company, represented by Harry Bowyer, was heavily linked by name, personel, location and plant to an Operator Licence holding company that had gone into administration in 2015. The sole director of the applicant company is the partner of the director of the old company. It became quite apparent during the […]

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