Transportation lawyer and operators licence application? 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.
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. For a no-obligation, free initial consultation or rapid answer to a simple query just get in touch. We know how busy you are, and can attend at your operating centre, home or place of business at a time to suit you – we provide a truly national service. Read more info on https://www.smithbowyerclarke.co.uk/services/clandestine-entrants-and-defending-civil-penalties/.
It is quite common for an unsatisfactory maintenance inspection to result in both you and your drivers being interviewed under caution by the DVSA. This is their opportunity to quiz you about any potential offences that may have come to light from an inspection of your records. These could include suspected tachograph offences, maintenance failings, use of unauthorised operating centres, and anything else they think they have identified. Your transport lawyer will be able to contact the DVSA to try to find out what their concerns are, assist you in preparing for your interview and be present with you throughout to advise and ensure your rights are protected.
Types of Tachograph Offences: The rules on tachographs are very strict. Below are some of the most common tachograph offences. Driving without a Driver’s card: Driving without a driver’s card in is a serious matter. The law draws a distinction between drivers who knowingly drive without their card in, and those who do so by accident. The former cases can carry up to two years in prison. This offence often arises when drivers pull their cards in an effort to hide the fact that they are exceeding their drivers’ hours. The DVSA / VOSA will want to investigate why this happened, and how far the vehicle travelled without a card in. They will also want to know whether any pressure was placed on a driver to pull their card. Find more information on Road Haulage Solicitors.