Road Transport Licensing Issues

As experienced licensing and regulatory barristers, we can also offer advice, representation and assistance with other road transport licensing and compliance issues.

Contact us

As experienced licensing and regulatory barristers, we can also offer advice, representation and assistance with other road transport licensing and compliance issues. 

We offer a no obligation, free initial case assessment and we’re transparent with our fees and charges. 

Contact us today if you have any issues with your PSV licences.

DVSA issues and challenges

The DVSA (formerly VOSA) has a wide range of powers to stop and inspect vehicles and to take enforcement action on a range of relevant issues.  This can have significant implications for any individual or business and early engagement with a specialist lawyer is essential.

DVSA checks and inspections

DVSA undertake proactive and targeted inspection of licensed drivers, vehicles and operators.  The DVSA conduct routine and targeted checks on vehicles, licensed drivers and operators to ensure compliance with road safety legislation and environmental standards. The DVSA has access to technology that enables it to undertake roadside checks on vehicles including Operator Compliance Risk Score (OCRS), test data, operator details and outstanding prohibition notices.

DVSA enforcement and powers

The DVSA has powers to stop vehicles and, amongst other things:

  • Carry out a full inspection of the vehicle
  • Review drivers’ working hours and tachograph usage
  • Inspect service and maintenance records

In addition, the DVSA have powers relating to:

  • Prohibiting the use of vehicles
  • Investigating potential breaches of regulations
  • Referring cases to the Traffic Commissioner for a public inquiry
  • Conduct interviews under caution
  • Commence criminal proceedings
Public Inquiries before the Traffic Commissioner

Individuals and businesses who operate heavy goods and/or passenger carrying vehicles are required to obtain licences from the Traffic Commissioner and comply with any conditions attached to a licence.  This includes heavy goods vehicles, buses and coaches, and the registration of local bus services. 

An individual and/or operator could be called to attend a public inquiry if any aspect of their fitness is called into question, either when making an application or at any time subsequent to the grant of a licence. 

Public inquiries are called to consider whether it may be necessary to take any action in relation to an individual and/or operator.  Public inquiries are formal hearings (similar to taxi licensing panels) before a Traffic Commissioner to consider the evidence relevant to the case.  The Traffic Commissioner can:

  • Grant, refuse, suspend applications or impose conditions; or
  • Take any regulatory action against existing vehicle operator, bus service operator or driver of a bus, minibus or lorry

A Traffic Commissioner inquiry could take place at initial application stage or at any time after a licence was granted.

In short, at application stage, an inquiry can be called if an objection has been received in relation to your application or, if the application did not to satisfy the Traffic Commissioner’s licensing requirements such as matters relating to, for example, professional competence requirements or financial standing.

An existing operator could be called to a public inquiry at any time after the grant of a licence if there are questions over the fitness of an individual or operator.  Relevant issues may be non-compliance with restrictions or conditions and criminal prosecutions.

HGV Offences

As experienced regulatory law lawyers, we have extensive experience in assisting licence holders with advice, representation and defence of HGV offences before any court.

There are a number of offences a HGV licence holder can be reported for including:

  • Operating a heavy goods vehicles for hire and reward or for business purposes without holding the appropriate operator’s licence
  • Failure to adhere to any licence conditions or restrictions
  • use, lend, alter or forge an operator’s licence

An offence can result in a fine of up to £5000.  A prosecution can also result in a public inquiries before the traffic commissioner.

We understand the significance of prosecutions and the stress that comes with this.  We also understand that things are not always as straight forward as it may appear and that mistakes happen.

Our approach is focused on supporting clients with full case management, upfront and honest advice and very competitive rates, often fixed fees.

Contact us today to speak to an expert lawyer and for a free, no obligation case conference.

HGV driver conduct hearings

HGV driver and operators licensing is a matter that falls within the Traffic Commissioner’s authority. The Traffic Commissioner has a broad remit when considering the fitness of licence holders and to take regulatory action where necessary.

An HGV licence holder can be summoned to appear before the Traffic Commissioner for a range of matters that might call into question the fitness of a licence to hold a licence including:

  • Have a pattern of extremely dangerous offending
  • Present increased and imminent risk to other road users
  • Compromise the integrity of the operator licence regime

The regulator enforcement powers available to the Traffic Commissioner include:

  • Revoking or suspending a LGV or PCV drivers licence for a set period or indefinitely
  • Reverting the driver back to a provisional licence and requiring the driver to pass a competence test
  • Revoking the licence of drivers aged under 21 who have four or more penalty points

We understand the stress and concern that might be caused when summoned to appear before a conduct hearing.  We also understand that things are not always as straight forward as it may appear and that mistakes happen.

Our approach is focused on supporting clients with full case management, upfront and honest advice and very competitive rates, often fixed fees.

Contact us today to speak to an expert lawyer and for a free, no obligation case conference.

DVSA issues and challenges

The DVSA (formerly VOSA) has a wide range of powers to stop and inspect vehicles and to take enforcement action on a range of relevant issues.  This can have significant implications for any individual or business and early engagement with a specialist lawyer is essential.

DVSA checks and inspections

DVSA undertake proactive and targeted inspection of licensed drivers, vehicles and operators.  The DVSA conduct routine and targeted checks on vehicles, licensed drivers and operators to ensure compliance with road safety legislation and environmental standards. The DVSA has access to technology that enables it to undertake roadside checks on vehicles including Operator Compliance Risk Score (OCRS), test data, operator details and outstanding prohibition notices.

DVSA enforcement and powers

The DVSA has powers to stop vehicles and, amongst other things:

  • Carry out a full inspection of the vehicle
  • Review drivers’ working hours and tachograph usage
  • Inspect service and maintenance records

In addition, the DVSA have powers relating to:

  • Prohibiting the use of vehicles
  • Investigating potential breaches of regulations
  • Referring cases to the Traffic Commissioner for a public inquiry
  • Conduct interviews under caution
  • Commence criminal proceedings

 

 

Public Inquiries before the Traffic Commissioner

Individuals and businesses who operate heavy goods and/or passenger carrying vehicles are required to obtain licences from the Traffic Commissioner and comply with any conditions attached to a licence.  This includes heavy goods vehicles, buses and coaches, and the registration of local bus services. 

An individual and/or operator could be called to attend a public inquiry if any aspect of their fitness is called into question, either when making an application or at any time subsequent to the grant of a licence. 

Public inquiries are called to consider whether it may be necessary to take any action in relation to an individual and/or operator.  Public inquiries are formal hearings (similar to taxi licensing panels) before a Traffic Commissioner to consider the evidence relevant to the case.  The Traffic Commissioner can:

  • Grant, refuse, suspend applications or impose conditions; or
  • Take any regulatory action against existing vehicle operator, bus service operator or driver of a bus, minibus or lorry

A Traffic Commissioner inquiry could take place at initial application stage or at any time after a licence was granted.

In short, at application stage, an inquiry can be called if an objection has been received in relation to your application or, if the application did not to satisfy the Traffic Commissioner’s licensing requirements such as matters relating to, for example, professional competence requirements or financial standing.

An existing operator could be called to a public inquiry at any time after the grant of a licence if there are questions over the fitness of an individual or operator.  Relevant issues may be non-compliance with restrictions or conditions and criminal prosecutions.

HGV Offences

As experienced regulatory law lawyers, we have extensive experience in assisting licence holders with advice, representation and defence of HGV offences before any court.

There are a number of offences a HGV licence holder can be reported for including:

  • Operating a heavy goods vehicles for hire and reward or for business purposes without holding the appropriate operator’s licence
  • Failure to adhere to any licence conditions or restrictions
  • use, lend, alter or forge an operator’s licence

An offence can result in a fine of up to £5000.  A prosecution can also result in a public inquiries before the traffic commissioner.

We understand the significance of prosecutions and the stress that comes with this.  We also understand that things are not always as straight forward as it may appear and that mistakes happen.

Our approach is focused on supporting clients with full case management, upfront and honest advice and very competitive rates, often fixed fees.

Contact us today to speak to an expert lawyer and for a free, no obligation case conference.

HGV driver conduct hearings

HGV driver and operators licensing is a matter that falls within the Traffic Commissioner’s authority. The Traffic Commissioner has a broad remit when considering the fitness of licence holders and to take regulatory action where necessary.

An HGV licence holder can be summoned to appear before the Traffic Commissioner for a range of matters that might call into question the fitness of a licence to hold a licence including:

  • Have a pattern of extremely dangerous offending
  • Present increased and imminent risk to other road users
  • Compromise the integrity of the operator licence regime

The regulator enforcement powers available to the Traffic Commissioner include:

  • Revoking or suspending a LGV or PCV drivers licence for a set period or indefinitely
  • Reverting the driver back to a provisional licence and requiring the driver to pass a competence test
  • Revoking the licence of drivers aged under 21 who have four or more penalty points

We understand the stress and concern that might be caused when summoned to appear before a conduct hearing.  We also understand that things are not always as straight forward as it may appear and that mistakes happen.

Our approach is focused on supporting clients with full case management, upfront and honest advice and very competitive rates, often fixed fees.

Contact us today to speak to an expert lawyer and for a free, no obligation case conference.

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020 7060 4773