Road haulage lawyers and operators licence application? 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.
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.
Welcome to Smith Bowyer Clarke. We provide, simple, straightforward, and practical legal solutions to all your transport problems. If your company or your driver faces police investigation or have received a Single Justice Procedure Notice or Court summons, call our team today. Offences committed in cars and vans can adversely affect your operator’s licence and should not be lightly brushed aside. Find more details at driving without tacho card.
What Should I Do After They Have Left? When the DVSA leave you will feel as though a typhoon has struck. Do not think that you can relax once you have restored all your documentation to its proper place. Invariably the DVSA officer will have made some suggestions so ACT ON THEM. Do not stick your head in the sand because if the visit was not a happy one then the machinery will grind remorselessly on unless you have taken steps to stop it. If you haven’t already done so, your first step should be a free initial consultation with a specialist transport lawyer . They will be able to advise on what needs to be done to give you the best chance of resolving matters before they go before the Traffic Commissioner.
During an operating centre inspection, the DVSA / VOSA will want to analyse your tachograph records and may want to download data from your vehicles and from the driver cards. If tachograph offences are found, the operator can expect to be interviewed under caution about them. Following the interview, the inspection officer will compile a report of their findings. Depending on the seriousness of any tacho infringements found, the operator may be prosecuted, or called to Public Inquiry with the Traffic Commissioner. For more information, speak to one of our specialist transport defence lawyers today. See even more information on https://www.smithbowyerclarke.co.uk/.