Jim's Articles

Road haulage solicitors and driving without tacho card

Road haulage solicitors and driving without tacho card? The Traffic Commissioner will take an active role in asking questions and challenging your evidence, before making a decision on whether the vehicle should be returned. Again, Smith Bowyer Clarke has a wide experience of successfully securing the release of seized trucks at Traffic Commissioner hearings. Our record is exceptional. Speak to one of our transport lawyers today for a free initial consultation. The UK authorities can seize any EU owned truck suspected of unlawful cabotage operations in the UK. Even if the vehicle was inside the “3 in 7” rule the truck can still be seized if its paperwork is not in order.

If you are invited to attend an interview under caution or placed under “caution” during an encounter or inspection then immediate legal advice is essential. You are fully entitled to ask that the interview is postponed or stopped to enable you to obtain legal advice. Even if you think that you have done nothing wrong, receiving good legal advice before answering any questions will always be in your interests: too many people have admitted offences in interview which were not part of the investigation. Importantly, you have the right to have representation at any interview and to refuse to answer questions where the DVSA or police fail to allow you access to your lawyers.

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.Road Transport Lawyers for HGV and PSV Operators and Drivers in the UK and around Europe. How can you protect yourself and your employees? Drivers ought to receive training and be required to comply with a driver handbook. This may refer to an obligation to report accidents or incidents in the vehicle, changes to driving licences/eligibility to drive and a robust drink/drug driving policy. It is good practice to include a walk around check to avoid issues with mechanical or physical defects. See additional information on driving without tacho card.

Visited by the DVSA / VOSA? There are some things that happen, even to the best run businesses, which are less than welcome. High up on that list must be the DVSA (formerly VOSA) announcing that they intend to visit your operating centre. However well-meaning, it is always a trial when your systems are put to the test – especially by an eye that misses nothing and is not afraid to tell you when you’ve got it wrong! It always helps if you are courteous and cooperative. Let them see what they need to see. If they point out a fault and suggest a remedy then take it up. Even when the worst comes to the worst and you are called into a Public Inquiry a Traffic Commissioner is going to be more easily disposed to an operator who was open and cooperative to the DVSA than to one who was rude and obstructive.

Tachograph Offences: Facing investigation or prosecution for tachograph offences? We can help you. Our transport solicitors and barristers are all highly experienced in this technical area of law. Whether you are facing criminal prosecution, a hearing before the Traffic Commissioner, or a DVSA / VOSA investigation, make sure you get specialist, confidential legal advice. Call us today on 01332 987420 or email info@smithbowyerclarke.co.uk. Operators should be aware that offences found during roadside stops will usually lead to a DVSA / VOSA inspection of your operating centre. Discover even more information at Transport Solicitors.