Road haulage lawyers and clandestine entrants fine? Has your truck or load been seized by the UK authorities? Securing the return of your vehicle or load will involve complex legal wrangling. Strict time limits apply and, if the truck isn’t recovered, the authorities can legally sell or destroy the vehicle. At Smith Bowyer Clarke, our transport lawyers specialise in reclaiming vehicles and loads seized and impounded by the UK Border Force, HMRC, Police and DVSA. You can find some of our recent vehicle and load recovery cases here. The procedure for reclaiming a seized vehicle or load will depend on the reasons for the seizure and which UK enforcement agency seized your vehicle.
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. Does your company provide vehicles for employees to use as part of their employment? You may not realise it but the company could be liable for prosecution, in addition to the driver, if the vehicles are used in circumstances where motoring offences are committed. Read extra info on O licence application.
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. Read additional information on https://www.smithbowyerclarke.co.uk/.