Transport solicitors and driving without tacho card? 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.
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. The road transport industry is one of the most heavily regulated in Europe, and can often appear confusing. That’s why you need a law firm that knows the industry inside out. Many of our lawyers are CPC accredited Transport Managers, and have an insight into the practicalities of running a compliant road transport business. Smith Bowyer Clarke are firmly on the side of the Operator and Driver – We do not prosecute for the CPS or the DVSA. Discover additional info at dvsa investigations.
The DVSA don’t waste much of their time visiting compliant operators so it is almost certainly to do with something that you, or your employees/agents, have done or have failed to do. The triggers are legion, but common ones are where your vehicles are stopped and mechanical defects are found; or the vehicle is overloaded; or there are drivers’ hours infringements discovered…. and so on. Alternatively it could be that the visit has been requested by the Traffic Commissioner as a result of a requested variation you have submitted. It might even be that your MOT failure rate is higher than the national average, which always sets alarm bells ringing.
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 extra info at Road Haulage Lawyers.