Road transport lawyer and O licence application
Road transport lawyer and London low emission zone penalty charge? 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 cannot show that you have an effective system in place and that it was being properly operated on the day, as the haulier you can ultimately be liable to pay up to £4,000 per migrant. If you fail to pay your penalty you can expect your vehicle to be seized and sold or even destroyed by the UK Border Force. You have the right to appeal against both the imposition of your Civil Penalty, and its amount. The appeal process consists of two routes: A Notice of Objection to the Border Force. This entails the submission of written representations and supporting evidence to the Border Force. Using this route, our transport lawyers have a high success rate in dramatically reducing the amount of penalty payable, without the need to go to court. This is often the most cost-effective route.
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. In the eyes of the law, the company is using the vehicle when being driven by an employee. The company can also be deemed to have permitted offences to occur by requesting an employee to use a vehicle which has a defect. The consequences could be the driver attaining penalty points and potentially losing their licence. This may in turn impact your business. For a sole trader, they themselves may end up with penalty points on their licence. For a limited company, there would still be costly fines. If the company also holds an Operator’s Licence, such convictions would need to be reported to the Traffic Commissioner and could then impact on the Repute of the Operator. Find more details at clandestine entrants fine.
The reality is that nobody’s business is perfectly compliant but some are better than others. In your heart you will know where on the scale your business lies. The worse it is the more that you need to do. Before the visit check that you have your paperwork in the right places and ensure that it is up to date. If you know that compliance has slipped badly then be proactive. Start to take steps to fix it. If necessary engage a competent Transport Consultant to overhaul your systems and ensure that you are using the right paperwork. And don’t hide it from the DVSA! If you have an unsatisfactory visit from the DVSA then this is your wake-up call. Act on their recommendations. You will have a far better time in front of the Traffic Commissioner if you treat this as your wake-up call rather than the call-in letter 28 days before the Public Inquiry. Yes, it may be expensive but it might save your business.
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. Read more info on Road Haulage Lawyers.