Patrick Moreau September 18, 2020

Transport solicitors and clandestine entrants? Border Force & HMRC Vehicle Seizures: Trucks and loads entering the UK will be seized by the UK Border Force or HMRC (UK customs) if they are found to be carrying forbidden contraband (e.g. weapons, drugs, tobacco, alcohol etc). In most cases, both the haulier and the owners of the goods being transported will have no knowledge of the presence of the forbidden contraband. Reclaiming Seized Trucks: Our transport lawyers have a very high success rate of securing the release of EU owned trucks and trailers seized at the UK Border. We can usually achieve this without the need for a court hearing.

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.

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. Read extra information at London low emission zone fine.

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.

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 additional details at Transport Solicitors.