The drivers of large goods and passenger-carrying vehicles are
regulated in regard to their hours of work and the records they
must keep by domestic and EC regulations. The Motoring Offences
team have in-depth expertise on advising drivers and operators of
such vehicles regarding records, whether any exemptions apply, when
such a record has to be started and concluded, and whether such
records should be completed manually and/or automatically.
Non-compliance with the requirements can result in a prosecution
being brought by the police or the Vehicle and Operator Services
Agency against the drivers and operators of such vehicles.
Infringements are punishable by the courts by way of financial
penalties.
Non-compliance with the relevant provisions can also result in
operators and drivers being required to attend before the Traffic
Commissioner at public inquiries. With regard to the issue of
public inquiries please visit the section of our website headed
operators licensing, public
inquiries and driver conduct hearings.
Prosecution of any operator or driver for breach of the
Construction and Use Regulations can also have serious implications
both in terms of having to appear before the courts and/or the
Traffic Commissioner. Breaches of the Regulations in regard to
steering, brakes or tyres attract endorsement in addition to
financial penalties. Only a few solicitors in England and Wales are
sufficiently experienced to represent drivers and operators in this
specialist area and the Motoring Offences team has the relevant
experience to ensure that all operators and drivers receive the
appropriate advice and representation.
operators licensing, public inquiries and driver conduct
hearings
"The Traffic Commissioner has considerable powers to revoke or
limit an Operators Licence. Revocation of an Operators Licence
invariably has catastrophic consequences as it can impact upon
earning capacity. The statutory and regulatory framework upon which
the Traffic Commissioner acts is complicated and the preparation
for and representation at Public Inquiries is a highly specialised
area. No operator should appear before the Traffic Commissioner
without experienced legal representation. Barry Culshaw of the
Motoring Offences Team is equipped to provide the required
specialist advice and representation in such circumstances.
Public Inquiries can be triggered by any one or more of the
following events:
- if the operator and/or the operator's drivers have been
prosecuted
- if the operator has been a subject of a recent police/VOSA
investigation dealing with maintenance and/or drivers’ hours and
records issues and the investigation has uncovered problems
- if the operator has been subject to a complaint in respect of
health and safety considerations
- if the operator has a long outstanding application in respect
of the grant of or a change in the terms of an Operators
Licence
- if the operator has received an environmental complaint
- if the operator has received complaints from local residents
with regard to an application for an Operators Licence or in regard
to the manner in which the operation is being operated
- if the operator has unresolved issues with HM Revenue and
Customs, is in difficulty satisfying the financial standing
requirements of their existing licence, considers that it is
insolvent on either a balance sheet or cashflow basis or enters
into a formal insolvency process. Visit our insolvency and business recovery
webpages for more information
- if an operator feels that it may be affected by any of the
above mentioned considerations, specialised professional legal
advice should be sought at the earliest possible opportunity.
Any driver who has received a letter from the Traffic
Commissioner’s Office requesting an attendance at a Driver Conduct
Hearing should seek specialised professional legal advice as soon
as possible as his/her vocational licence may be at risk".
penalties
There are penalties for failure to comply with these
requirements that can affect both the individual driver and fleet
operator.
case studies
Please click here to view motoring offences case
studies.
