Road transport lawyer and London low emission zone fine? At Smith Bowyer Clarke, our record of recovering seized trucks and loads is extremely high. Click here to see some recent examples. We can even arrange for collection, transhipment and onward transportation. Vehicles Seized for Operating Without an O Licence: The police and the DVSA have the power to seize your vehicle if they think you are operating without a licence. Only the legal owner of the vehicle can apply to to the authorities for the return of the truck. The owner of the seized vehicle will usually be expected to appear before the Traffic Commissioner at a hearing to explain, with evidence, why the vehicle should be returned to them. The law provides only four grounds for the return of the truck, three of which are highly technical. Often the result turns on the outcome of detailed legal argument.

Interviews under caution are one of the primary tools used by the Police and DVSA (formerly VOSA) to gather evidence against you or your business, either for the purpose of a possible Public Inquiry or criminal investigation. Importantly, just like police officers DVSA examiners have the power to conduct formal interviews under caution. Your response to requests for interview and your conduct in interview forms one of the essential tools in preparing your answer to any allegations of misconduct or infraction. Smith Bowyer Clarke have solid expertise in representing clients both in the Police Station and in DVSA interviews under caution. We have often found that the correct approach in interview is the decisive key to a positive conclusion in front of the Traffic Commissioner or in the Criminal Courts.

Welcome to Smith Bowyer Clarke. We provide, simple, straightforward, and practical legal solutions to all your transport problems. The road transport industry is one of the most heavily regulated in Europe, and can often appear confusing. That’s why you need a law firm that knows the industry inside out. Many of our lawyers are CPC accredited Transport Managers, and have an insight into the practicalities of running a compliant road transport business. Smith Bowyer Clarke are firmly on the side of the Operator and Driver – We do not prosecute for the CPS or the DVSA. Find more info on driving without tacho card.

What Happens When The DVSA Visit? The DVSA will attend, usually in the form of a Traffic Examiner (TE) or a Vehicle Examiner (VE). The Traffic Examiner is more interested in your documentation and the Vehicle Examiner in the actual nuts and bolts of your maintenance regime. It is said that the easy way to distinguish between a TE and a VE is that the VE will have dirty fingernails. The important thing to remember is that most DVSA employees are decent people, trying to do a difficult job as well as they can. They are not actively seeking to close you down but they are attempting to assess whether you are compliant with the regulations and, if not, what can be done. Sometimes an operator will just require a little advice – others may require attention from the Traffic Commissioner.

Operators are legally required to keep tachograph records for a specified period of time. Failing to keep these records is an offence. At Public Inquiry, the Traffic Commissioner will want to know why records were not kept, how often records were analysed, and what steps the operator took to identify and prevent drivers’ hours infringements. What Will Happen? This will depend on the type of tachograph offence suspected, and the stage of the process. If suspected tachograph offences are found during a roadside stop by DVSA / VOSA, the driver can expect to be interviewed under caution. Evidence from the interview can be used to support any criminal prosecution or driver conduct hearing. You should always speak to a transport lawyer first for a free, no obligation initial consultation. Find more info at Transportation Lawyer.