Please find some of our recent cases below.
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Operator Retains Licence Following Traffic Commissioner’s Public Inquiry - October 2016
An owner-driver based in the South of England was called in to a Public Inquiry and driver conduct hearing. It was alleged that he had failed to co-operate with DVSA in an investigation, failed to keep adequate records and had driven using the card of a driver whom DVSA were […]
Driver Fined for Using Another’s Tachograph Card - September 2016
A driver was prosecuted by the DVSA for making a false record which included the use of another person’s tachograph card and for having insufficient daily rest. After hearing mitigation from Martin Smith on the driver’s behalf the magistrates imposed a fine on the driver of £350 and ordered him […]
O Licence Application Granted at Public Inquiry - September 2016
The company made an application for a Standard National Operator’s Licence. The director of the applicant company had been the director of a previous company which had entered into administration owing in excess of £500,000 to creditors. The Director had also held the position of Transport Manager on the previous […]
Court of Appeal and Illegal Immigrants Success -
Simon Clarke acted for a major Dutch haulier in this appeal against the imposition of Civil Penalties following the discovery of illegals in his truck. The first appeal against the penalties is to the County Court – here the judge refused the appeal, saying that he had no discretion but […]
HGV Driver Accused of People Smuggling Acquitted of All Charges After Crown Court Trial -
Simon Clarke secured the acquittal of the driver of the truck which delivered a container holding 35 illegal immigrants, one of whom had died, to Zeebrugge port and later discovered at Tilbury. His case had been that his employer had duped him into doing the run without any knowledge of […]
Court of Appeal – Successful Appeal Against Sentence for Dutch Lorry Driver - September 2016
A Dutch lorry driver had pleaded guilty to the importation of 12 kilograms of cocaine. Harry Bowyer argued that the sentence was too high as the Judge had taken too high a starting point in calculating sentence and had failed to take significant mitigation properly into account. The Court of […]
Rewriting Major Haulage Contracts for National Operator -
Simon Clarke and Martin Smith were recently instructed to rewrite the haulage contracts for a major national Operator FT100-listed Multiple Licence Holder (MLH). The work involves drafting new contracts so as ensure that the MLH is fully compliant with all Operator regulatory issues. This is a substantial task requiring the […]
PSV Operator Gets House in Order Prior to Public Inquiry - September 2016
This PSV operator was called to a Traffic Commissioner’s Public Inquiry following two distinct DVSA investigations into his PSV operators’ licence. These investigations revealed among other things that: a photocopied operator disc had been used public bus service routes had not been keeping to their prescribed timetables a passenger carrying […]
Public Inquiry Avoided at Preliminary Hearing - September 2016
London wholesaler with a Restricted Licence was called in for a Preliminary Hearing with the Traffic Commissioner after an unsatisfactory DVSA maintenance inspection. Smith Bowyer Clarke arranged for a full audit which suggested a number of rectifications to the Operator’s systems. At the Preliminary Hearing the Deputy Traffic Commissioner decided that, […]
Successful Appeal Against Public Inquiry Decision - August 2016
Our client sought to vary his Operators’ Licence by adding vehicles. At a first Public Inquiry the Operator represented himself. The Traffic Commissioner granted a variation but authorised fewer vehicles than was applied for. He also imposed severe and highly restrictive conditions on the licence. The Operator then approached Smith […]
