Road haulage lawyers and clandestine entrants fine? Has your truck or load been seized by the UK authorities? Securing the return of your vehicle or load will involve complex legal wrangling. Strict time limits apply and, if the truck isn’t recovered, the authorities can legally sell or destroy the vehicle. At Smith Bowyer Clarke, our transport lawyers specialise in reclaiming vehicles and loads seized and impounded by the UK Border Force, HMRC, Police and DVSA. You can find some of our recent vehicle and load recovery cases here. The procedure for reclaiming a seized vehicle or load will depend on the reasons for the seizure and which UK enforcement agency seized your vehicle.
We offer a cost-effective, fixed-fee arrangement designed to cover these steps and to provide you with certainty as to your costs. Smith Bowyer Clarke can arrange training from experts in the Road Transport field on: How to install an effective system to prevent clandestine entrants, in line with the Codes of Practice issued by the UK Government, The paperwork (checklists / training manuals etc) you need, The actions drivers must take to identify and prevent migrant access, The documentation that must be carried in the cab of the vehicle at all times, The information that must be provided to the Border Force if stopped.
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. Discover extra details on driving without tacho card.
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.
Using a device to interfere with tachograph equipment: The DVSA / VOSA have very sophisticated technology to check whether a tachograph interference device is being used. Drivers and Operators found with interference devices installed will almost certainly be prosecuted and the Courts have shown a tendency to impose sentences of immediate imprisonment. An Operator suspected of forging or creating false tachograph records can expect to be prosecuted, and/or called before the Traffic Commissioner at Public Inquiry. The Traffic Commissioner will want to consider whether, as a result of the deception, the Operator should have its licence revoked. See even more information at Road Haulage Lawyers.
