Road haulage solicitors and DVSA investigations? 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.
Welcome to Smith Bowyer Clarke. We provide, simple, straightforward, and practical legal solutions to all your transport problems. How can you protect yourself and your employees? Drivers ought to receive training and be required to comply with a driver handbook. This may refer to an obligation to report accidents or incidents in the vehicle, changes to driving licences/eligibility to drive and a robust drink/drug driving policy. It is good practice to include a walk around check to avoid issues with mechanical or physical defects. See extra information at driving without tacho card.
The reality is that nobody’s business is perfectly compliant but some are better than others. In your heart you will know where on the scale your business lies. The worse it is the more that you need to do. Before the visit check that you have your paperwork in the right places and ensure that it is up to date. If you know that compliance has slipped badly then be proactive. Start to take steps to fix it. If necessary engage a competent Transport Consultant to overhaul your systems and ensure that you are using the right paperwork. And don’t hide it from the DVSA! If you have an unsatisfactory visit from the DVSA then this is your wake-up call. Act on their recommendations. You will have a far better time in front of the Traffic Commissioner if you treat this as your wake-up call rather than the call-in letter 28 days before the Public Inquiry. Yes, it may be expensive but it might save your business.
Why Smith Bowyer Clarke? Tachograph offences are a highly technical area of law. They are treated very seriously by both the criminal courts and the Office of the Traffic Commissioner. Smith Bowyer Clarke is a specialist transport law firm. All our solicitors and barristers are experts in all aspects of tachograph prosecutions and infringements. We have access to some of the best tachograph experts in the country to assist your case. We can also arrange for an independent audit of your tachograph analysis systems and advise on what you should be doing to stay lawful. We offer fixed fees and free initial consultations. Call or email us today for more information. Read even more information on https://www.smithbowyerclarke.co.uk/.