Transport solicitors and O 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 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.
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. Discover more information on clandestine entrants fine.
The DVSA will probably send you a form PG13 which will detail the faults that they have found and will invite you to address them in writing before they consider reporting you to the Traffic Commissioner. Use this opportunity, it may not prevent you being called in for Public Inquiry but it will help demonstrate that you wish to be compliant and have taken or are going to take the necessary steps to do so. Your transport lawyer can assist you in preparing your responses, and can liaise with the DVSA on your behalf to try to put to rest any concerns they have. In many cases, a seemingly serious compliance failing can have a perfectly innocent explanation. Smith Bowyer Clarke have long experience in representing Operators, transport Managers and drivers in front of the Traffic Commissioner. Much of what we do involves helping to turn around Operators who are failing in their compliance. We have access to first rate consultants in a number of areas who can be trusted to give up to the minute advice. If you are worried why not give us a call.
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. Read extra information at Transport Solicitors.
