Road transport law - case studies

Case studies

Maintenance issues flagged up following DVSA inspection

This matter involved the operator being called to a public inquiry following adverse findings from a DVSA maintenance inspection. Those issues were rectified in preparation for the public inquiry with significant investment made by the operator and substantial support provided by transport consultants.

Further issues arose in anticipation of the public inquiry when it became clear that the operator had a material notifiable change that had not been reported to the Traffic Commissioner, namely a change in entity. This resulted in the operator being advised to park up its vehicles given that it was essentially operating without a valid licence. The public inquiry was imminent, and it was essential that the operator engaged if it was to be considered appropriate for a licence for the new entity.

An application for an interim licence was made in advance of the public inquiry. The Traffic Commissioner could see the work done by the operator to improve and was able to fully examine the financial status of the operator to the extent that it was satisfied that, whilst the current licence had to be revoked, the new interim licence could be granted in due course without the need for a further public inquiry. This ensured minimal business disruption for the operator.

Tachograph offences and drivers' hours breaches

• Our transport lawyers acted on behalf for for an HGV driver prosecuted for a number of drivers’ hours offences. We were able to demonstrate that the tachograph unit in our client’s vehicle was malfunctioning at material times and that the charts in question were not reliable. Our client was found not guilty after trial.
• Our specialist road transport lawyers successfully defended four HGV drivers who were prosecuted as part of a multi-handed drivers’ hours/tachograph case. Our clients were amongst a total of 25 defendants prosecuted by DVSA following an investigation into a group of companies.
• Our transport lawyers represented for an HGV driver prosecuted in the Crown Court for conspiracy to create false tachograph records. The case involved multiple defendants, including drivers, transport managers and company directors. Following a thorough review of the case and the use of a leading expert witness, we were able to negotiate an agreed basis of plea with the prosecution. Our client subsequently avoided a custodial sentence.

Public inquiry: Traffic Commissioner

• Stephensons acted for a company called to a public inquiry concerning a number of matters. These included multiple convictions for drivers' hours offences; poor maintenance and annual test history; transport manager's repute; and insufficient financial standing. We assisted our client in effectively rectifying their affairs before the public inquiry and made representations on the company's behalf at the hearing. The company retained its Goods Vehicle Operator's Licence.

Operator’s licence applications

• Stephensons acted for a company called to a public inquiry following its application for a Goods Vehicle Operator's Licence. The issue, in this case, was that one of the directors of the company had served two prison sentences for supplying drugs. We made effective representations to the traffic commissioner and our client's application was granted in full.

Operator’s licence offences

• Our lawyers acted for an HGV driver who was accused of exceeding the speed limit in a HGV. Following a thorough review of the case, particularly photographic evidence and tachograph records, we were able to establish that our client’s vehicle had not triggered the relevant speed camera. The case was dropped by the prosecution before trial.

This is just a snapshot of the cases handled by our road transport solicitors. We offer legal advice and representation for haulage companies and operators of passenger vehicles as well as for owner/operator drivers. We can help in the following fields:

• Public Inquiry
• Operator’s licence offences
• Operator’s licence applications 
• DVSA impounding
• Tachograph offences and drivers' hours breeches
• Clandestine entrants
• Fatal collisions
• Contractual disputes

Contact Stephenson today to discuss your case on 01616 966 229 or fill out an enquiry form.