Please find some of our recent cases below.
Filter by Category
- Bus and Coach
- Bus, Coach and PSV
- Challenging Penalties
- Civil Penalties for Clandestine Entrants
- County Court
- Criminal Defence
- Driver Conduct Hearings
- Driving Instructor
- Impounded Vehicles Returned
- MOT/DVSA
- PSV
- Public Inquiries
- Taxi/Private Hire Appeal
- Upper Tribunal
Compliance Systems Installed Prior to Public Inquiry - August 2016
Simon Clarke represented a materials recycling haulier at Public Inquiry called following a highly unsatisfactory DVSA audit. In short, the audit revealed that the Operator had no compliance, maintenance or forward-planning systems in place and almost zero record-keeping facilities. Having been called in at an early stage, Smith Bowyer Clarke were […]
“Good Repute” Demonstrated at Public Inquiry - July 2016
The Operator in this case had previously been disqualified for 2 years in 2012 following a Public Inquiry in front of The Traffic Commissioner. He wished to re enter the industry and set up a new business entirely divorced from that which led to his disqualification. Despite proper systems having been […]
Operator Granted Chance to Start Again with New O Licence - June 2016
This Operator held a Standard National Licence but was using an unauthorised operating centre located in a different traffic area. The Operator’s defect detection and maintenance systems were woefully inadequate and the position was further complicated by the absence of a transport manager. At Public Inquiry the Traffic Commissioner directed […]
Scaffolder Given Time to Apply for New Licence - June 2016
This Scaffolding Operator held a restricted licence as a sole trader but had set up a limited company. The limited company was named as the registered keeper of some of the vehicles listed on the sole-trader Operator’s Licence. Not only had the restricted licence been used to transport property belonging […]
Conditional Discharge for Drivers’ Hours Offences - June 2016
This driver, driving a 7.5 tonne vehicle under grandfather rights, had an imperfect knowledge of his driver’s hours obligations. He was unlucky enough to find himself the subject of both a CPS prosecution in London and a DVSA prosecution in the Midlands which proved impossible to join together. Represented by Smith Bowyer […]
Successful Environmental Challenge to Operating Centre - June 2016
In an unusual change of roles, Harry Bowyer (usually instructed on behalf of the Operator) was asked to represent the interests of Representors. The Representors were seeking to challenge an Operator’s application to vary his licence to allow a new operating centre and to increase the number of vehicles on […]
Public Inquiry Following Licence Variation Application - May 2016
This Essex wholesaler with a restricted licence rather optimistically wanted to add a new operating centre and increase the vehicles on his licence to more than twice his current total. The Operator was called in for a Public Inquiry which soon exposed serious defects in the Operator’s compliance regime. At this stage he sought professional advice. […]
Taser-Carrying Lorry Driver Avoids Prison - November 2015
Owing to the more aggressive behaviour of clandestine entrants at the channel ports this defendant had purchased two tasers which were incorporated into torches. These were discovered in the green channel at Harwich and he was properly charged under section 5 of the Firearms Act 1968. Unfortunately Ipswich CPS elected […]
Lack of MOT Lands Operator Before Traffic Commissioner for Scotland - October 2015
This Scottish Haulier was called in to Public Inquiry after one of their vehicles was discovered operating without a valid MOT. Two of its drivers were also called in for tachograph infringements. The Operator and drivers were dealt with by way of warnings after it had been demonstrated that practices […]
Change of Entity Results in Public Inquiry - June 2015
This West Midlands manufacturer had found itself operating without a licence after the business changed from one limited company to another. Numerous regulatory infringements were found and a number of PG9s had been issued. Transport consultants implemented changes to the company’s maintenance arrangements and systems for analysing and examining tachograph records. A […]
